Force Majeure Rights. If either Party is prevented or delayed in the performance of any of its obligations under the Agreement by Force Majeure such Party shall give written notice thereof to the other Party specifying the matters constituting Force Majeure together with such evidence as reasonably can give and specifying the period for which it is estimated that such prevention or delay will continue, the Party claiming Force Majeure shall be excused from the performance or the punctual performance of such obligations as the case may be from the date of such notice for so long as such cause of prevention or delay shall continue. Notwithstanding the foregoing, if the Party claiming Force Majeure estimates that the delay will exceed 30 days, or if the delay has, in fact, exceeded 30 days, the other Party may terminate this Agreement for cause as set forth in Section 9.3, including an additional 30 days notice to remedy the breach.
Appears in 4 contracts
Samples: Co Development and License Agreement (Ambrx Biopharma Inc.), Co Development and License Agreement (Ambrx Biopharma Inc.), Development and License Agreement (Ambrx Inc)
Force Majeure Rights. If either Party is prevented or delayed in the performance of any of its obligations under the Agreement by Force Majeure such Party shall give written notice thereof to the other Party specifying the matters constituting Force Majeure together with such evidence as reasonably can give and specifying the period for which it is estimated that such prevention or delay will continue, the Party claiming Force Majeure shall be excused from the performance or the punctual performance of such obligations as the case may be from the date of such notice for so long as such cause of prevention or delay shall continue. Notwithstanding the foregoing, if the Party claiming Force Majeure estimates that the delay will exceed 30 days****, or if the delay has, in fact, exceeded 30 days****, the other Party may terminate this Agreement for cause as set forth in Section 9.3, including an additional 30 days **** notice to remedy the breach.,
Appears in 2 contracts
Samples: Confidential Treatment Requested (REGENXBIO Inc.), Confidential Treatment Requested (REGENXBIO Inc.)
Force Majeure Rights. If either Party is prevented or delayed in the performance of any of its obligations under the Agreement by Force Majeure such Party shall give written notice thereof to the other Party specifying the matters constituting Force Majeure together with such evidence as reasonably can give and specifying the period for which it is estimated that such prevention or delay will continue, the Party claiming Force Majeure shall be excused from the performance or the punctual performance of such obligations as the case may be from the date of such notice for so long as such cause of prevention or delay shall continue. Notwithstanding the foregoing, if the Party claiming Force Majeure estimates that the delay will exceed 30 days[***], or if the delay has, in fact, exceeded 30 days[***], the other Party may terminate this Agreement for cause as set forth in Section 9.311.3, including an additional 30 days [***] notice to remedy the breach.
Appears in 1 contract