Common use of Nonperformance of Agreement and Termination Clause in Contracts

Nonperformance of Agreement and Termination. Except as may be otherwise provided by this agreement, this agreement may be terminated in whole or in part by either party in the event of failure by the other party to fulfill its obligations under this agreement through no fault of the terminating party; provided that no such termination may be implemented unless and until the other party is given at least sixty (60) days written notice (delivered by certified mail, return receipt requested) of intent to terminate.