General Breach by Parent Clause Samples

General Breach by Parent. By the Company, if Parent or Merger Sub shall have breached or failed to perform any of its representations, warranties or covenants contained in this Agreement, which breach or failure to perform (i) is incapable of being cured by Parent or Merger Sub prior to the Outside Date or is not cured by the earlier of (A) thirty (30) Business Days following written notice to Parent by the Company of such breach or (B) the Outside Date and (ii) would result in a failure of any condition set forth in Sections 7.3(a) or 7.3(b);