Common use of Roche’s Right to Terminate Clause in Contracts

Roche’s Right to Terminate. (a) For Material Breach at any Time. Roche may terminate this Agreement, as a whole, at any time if (i) VIA materially breaches the Agreement and (ii) such material breach is not cured by VIA within ninety (90) days after Roche provides VIA with written notice of such breach, or, if such breach cannot be cured through commercially reasonably efforts within such ninety (90) days, and VIA has (within such time period) submitted a plan for cure as promptly as is reasonably practicable through the application of commercially reasonable efforts with a cure date reasonably acceptable to Roche, after the earlier of the cure date agreed to by Roche or the date VIA ceases commercially reasonable efforts to cure such breach. If VIA files a petition for bankruptcy, dissolution, liquidation or winding up of affairs, then such petition shall not relieve VIA of its obligation for continued performance under this Agreement pending a decision on such petition.