NOTICE AND CURE OF BREACH. Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than clause (a), (b), (c) or (d) of Section 5.6 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least twenty (20) days’ prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the twenty (20) day period.
Appears in 26 contracts
Samples: Key Executive Severance Agreement (Poniard Pharmaceuticals, Inc.), Key Executive Severance Agreement (Poniard Pharmaceuticals, Inc.), Key Executive Severance Agreement (Poniard Pharmaceuticals, Inc.)
NOTICE AND CURE OF BREACH. Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than clause (a), (b), (c) or (d) of Section 5.6 8.6 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least twenty (20) days’ prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the twenty (20) day period.
Appears in 26 contracts
Samples: Change of Control Agreement (Poniard Pharmaceuticals, Inc.), Change of Control Agreement (Poniard Pharmaceuticals, Inc.), Change of Control Agreement (Poniard Pharmaceuticals, Inc.)
NOTICE AND CURE OF BREACH. Whenever Except as provided otherwise in Section 7.5(b), whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than clause clauses (a), (b), or (c) or (d) of Section 5.6 hereof7.6, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least twenty (20) days’ prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the twenty (20) day period.
Appears in 10 contracts
Samples: Employment Agreement (Zymogenetics Inc), Employment Agreement (Zymogenetics Inc), Employment Agreement (Zymogenetics Inc)
NOTICE AND CURE OF BREACH. Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than clause (a), (b), (c) or (d) of Section 5.6 8.6 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least twenty (20) days’ ' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the twenty (20) day period.
Appears in 6 contracts
Samples: Change of Control Agreement (Neorx Corp), Change of Control Agreement (Neorx Corp), Change of Control Agreement (Neorx Corp)
NOTICE AND CURE OF BREACH. Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than clause (a), (b), (c) or (d) of Section 5.6 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least twenty (20) days’ ' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the twenty (20) day period.
Appears in 5 contracts
Samples: Key Executive Severance Agreement (Neorx Corp), Key Executive Severance Agreement (Neorx Corp), Key Executive Severance Agreement (Neorx Corp)
NOTICE AND CURE OF BREACH. Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than clause (a), (b), (c) or (d) pursuant to the definition of Cause set forth in Section 5.6 7.6 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least twenty (20) 20 days’ ' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the twenty (20) -day period.
Appears in 5 contracts
Samples: Employment Agreement (Wall Data Inc), Employment Agreement (Wall Data Inc), Employment Agreement (Wall Data Inc)
NOTICE AND CURE OF BREACH. Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than clause (a), (b), (c) or (d) pursuant to the definition of "Cause" set forth in Section 5.6 5.7 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least twenty (20) working days’ ' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the twenty (20) -day period.
Appears in 3 contracts
Samples: Change of Control Agreement (Eden Bioscience Corp), Change of Control Agreement (Eden Bioscience Corp), Change of Control Agreement (Eden Bioscience Corp)
NOTICE AND CURE OF BREACH. Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than clause (a), (b), (c) or (d) of Section 5.6 8.7 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least twenty thirty (2030) days’ prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the twenty thirty (2030) day period.
Appears in 2 contracts
Samples: Executive Employment Agreement (NeurogesX Inc), Executive Employment Agreement (NeurogesX Inc)
NOTICE AND CURE OF BREACH. Whenever Subject to Section 8.7(b) hereof, whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than clause (a), (b), (c) or (d) of Section 5.6 8.6 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least twenty (20) days’ prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the twenty (20) day period.
Appears in 2 contracts
Samples: Change of Control Agreement (Fisher Communications Inc), Change of Control Agreement (Fisher Communications Inc)
NOTICE AND CURE OF BREACH. Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than clause (a), (b), (c) or (d) pursuant to the definition of Section 5.6 "Cause" set forth in subparagraph 7.8 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least twenty (20) days’ ' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the twenty (20) day period.
Appears in 1 contract
NOTICE AND CURE OF BREACH. Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than clause (a), (b), (c) or (d) pursuant to the definition of "Cause" set forth in Section 5.6 7.6 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least twenty (20) days’ ' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the twenty (20) -day period.
Appears in 1 contract
NOTICE AND CURE OF BREACH. Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than clause (a), (b), (c) or (d) pursuant to the definition of Section 5.6 “Cause” set forth in subparagraph 8.7 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least twenty (20) days’ prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the twenty (20) day period.
Appears in 1 contract
NOTICE AND CURE OF BREACH. Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than clause (a), (b), (c) or (d) pursuant to the definition of Section 5.6 "Cause" set forth in subparagraph 8.7 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least twenty (20) days’ ' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the twenty (20) day period.
Appears in 1 contract
NOTICE AND CURE OF BREACH. Whenever a breach of this Agreement by either party Party is relied upon as justification for any action taken by the other party Party pursuant to any provision provisions of this Agreement, other than clause (a), (b), (c) or (d) pursuant to the definition of "Cause" set forth in Section 5.6 3 hereof, before such action is taken, the party Party asserting the breach of this Agreement shall give the other party Party at least twenty (20) days’ ' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party Party purportedly in breach of this Agreement the opportunity to correct such breach during the twenty (20) day period.
Appears in 1 contract
Samples: Employment Agreement (Avista Corp)
NOTICE AND CURE OF BREACH. Whenever Without limitation on the last paragraph of Section 7.7, whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than clause (a), (b), ) or (c) or (d) of Section 5.6 7.6 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least twenty (20) days’ prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the twenty (20) day period.
Appears in 1 contract
NOTICE AND CURE OF BREACH. Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than clause (a), (b), (c) or (d) pursuant to the definition of "Cause" set forth in Section 5.6 9.5 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least twenty (20) 20 days’ ' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the twenty (20) -day period.
Appears in 1 contract
Samples: Employment Agreement (Avista Corp)