Mutual Right to Terminate. Either Party may terminate this Agreement upon written notice to the other Party: (a) if the other Party materially breaches any material provision of this Agreement (other than Customer’s obligation to pay any amount when due, which is governed by 7.5) and either the breach cannot be cured or, if the breach can be cured, it is not cured by the other Party within thirty (30) days after its receipt of written Notice of such breach; (b) if the other Party (i) becomes insolvent or is generally unable to pay its debts as they become due, (ii) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law, (iii) makes or seeks to make a general assignment for the benefit of its creditors, or (iv) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business; (c) in the event of a Force Majeure Event (defined below) that continues for more than sixty (60) days.
Appears in 5 contracts
Samples: Retail Marketplace Buyer Listing Agreement, Retail Marketplace Buyer Listing Agreement, Retail Marketplace Buyer Listing Agreement
