Term of Agreement and Early Termination. 9.1 Subject to early termination as set forth in this Section and the terms and conditions set forth in Exhibits B and C, this Agreement shall be effective for as long as the Licensed Patents are enforceable.
9.2 Either Party shall have the right to terminate this Agreement with cause and without judicial resolution upon written notice to the other after the non-breaching Party notifies the asserted breaching Party of a breach of any provision of this Agreement and the asserted breach has not been cured by the asserted breaching Party within sixty (60) calendar days from receipt of such notice (“Cure Period”). If at the end of the Cure Period the asserted breach has not been cured and there remains a dispute or controversy, the Parties may agree to seek to resolve the matter through the use of the procedures set forth in Section 19.1 below. If Alliance is the non-breaching Party under this Section 9.2, then Licensee shall, within thirty (30) calendar days, owe Alliance all payments due, including but not limited to then appropriate Patenting Costs reimbursements, if applicable, milestones payments and continuous royalties due or the pro rata portion of any minimum annual royalties due at the end of the calendar year of such termination, whichever is greater. Licensee acknowledges and agrees that Alliance shall be entitled to seek any additional remedies available at law to Alliance for Licensee’s breach of this Agreement.
9.3 This Agreement shall terminate automatically upon a final adjudication of invalidity, unenforceability, or the extinguishment of all Licensed Patents, for any reason.
9.4 If Licensee fails to satisfy the requirements of Exhibits B or C then Alliance shall have the right, to exercise at its sole discretion with thirty (30) days written notice to Licensee, to terminate this Agreement in accordance with its early termination requirements.
9.5 The Parties agree that Alliance, at its sole discretion, may immediately terminate this Agreement upon any attempted transfer of Licensee’s interest in this Agreement, in whole or in part, except as otherwise permitted by the terms of this Agreement.
9.6 Licensee agrees that this Agreement shall automatically terminate if Licensee attempts, in any way, to pledge its rights under this Agreement as collateral to a third party.
9.7 Licensee hereby agrees that in the event Licensee by its own actions or the action of any of its shareholders or creditors (if applicable), files or has filed against it, wi...
Term of Agreement and Early Termination. 9.1. This Agreement shall be in effect for a period often (10) years from the effective date of this Agreement and shall automatically renew for one year periods unless written notice is given by either party to the other party of termination of this Agreement on the expiration of its original period or any of such additional yearly periods, such notice of termination by either party to be given at least 90 days prior to the effective termination date.
9.2. If either party defaults for any reason in any of its obligations hereunder, the other party will have the right to terminate this Agreement by giving written notice of termination at least sixty (60) days prior to the effective date of such termination, such notice specifying the default; however, that such notice will be of no effect and termination will not occur if the specified default is remedied prior to said effective date of termination.
9.3. AlliedSignal may terminate this Agreement forthwith in the event of the bankruptcy or insolvency of Licensee, an assignment for the benefit of creditors of Licensee, the nationalization of the industry with encompasses any of the Products and/or Services, any suspension of payments hereunder by governmental regulation, Licensee's failure to commence the manufacture of Products in production quantities within two (2) years from the effective date of the Agreement, a substantial change in ownership of Licensee (whether resulting from merger, acquisition, consolidation or otherwise), another company or person acquiring control of Licensee, or the existence of a state of war between the United States of America and any country where the Licensee has a License to manufacture Products and/or Services. Such termination shall be without prejudice to any other rights or claims AlliedSignal may have against Licensee.
9.4. At least 30 days prior to filing a petition in bankruptcy, either party must inform the other of its intention to file the petition or of another's intention to file an involuntary petition in bankruptcy. Further, failure to conform to this requirement shall be deemed a material, pre-petition, incurable breach.
9.5. If this Agreement is for any reason terminated before all of the payments herein provided for have been made (including minimum royalties for the year in which the agreement is terminated), Licensee shall immediately submit a terminal report and pay to AlliedSignal any remaining unpaid balance even though the due date as provided herein...
Term of Agreement and Early Termination. 10.1 This Agreement shall extend from the effective date of this Agreement to the date of expiration of the last-to-expire of the patents which arise from the Proprietary Rights of Exhibit A, on a country-by-country basis. This Agreement is subject to early termination as set forth herein below and the terms and conditions set forth in Exhibit B and Exhibit C attached hereto and hereby incorporated into this Agreement by reference thereto.
10.2 Either Party shall have the right to terminate this Agreement without judicial resolution upon written notice to the other after a breach of any provision by the other Party has gone uncorrected for sixty (60) days after the other Party has been notified in writing of such breach. Practice of the licensed Proprietary Rights outside the scope of the grant by Licensee, its Affiliates, and Sublicensees shall be an uncorrectable breach of this Agreement and this Agreement may be terminated upon written notice thereof by Energy Systems.
10.3 This Agreement shall terminate automatically upon the extinguishment of all of the Exhibit A Proprietary Rights, for any reason, but only after the time for appealing said extinguishment has expired. [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.
Term of Agreement and Early Termination. A. This Agreement will begin on the Commencement Date and will continue for a period of three (3) years (the “Term”), unless otherwise terminated in accordance with the provisions of this Agreement. This Agreement may be renewed upon the mutual agreement of the Parties.
Term of Agreement and Early Termination. Rights of the Parties After Termination................................................
Term of Agreement and Early Termination. 9.1 This Agreement shall run until the expiration of the Proprietary Rights subject to early termination as set forth hereinbelow and the terms and conditions set forth in Exhibit B and Exhibit C attached hereto and hereby incorporated into this Agreement by reference thereto.
9.2 Either party shall have the right to terminate this Agreement without judicial resolution upon written notice to the other after a material breach of any provision by the other party has gone uncorrected for sixty (60) days after the other party has been notified in writing of such breach.
9.3 This Agreement shall terminate automatically upon the extinguishment of all of the Exhibit A Proprietary Rights, for any reason, but only after the time for appealing said extinguishment has expired.
9.4 The parties agree that LMER, at its sole discretion, may immediately terminate this Agreement upon any attempted transfer of Licensee's interest, in whole or in part, in this Agreement to any party which is not an "Affiliated Party" as hereinafter defined. Subject to LMER's review and approval, which approval shall not be unreasonably withheld, Licensee may assign, transfer or sublicense any Proprietary Rights hereby licensed to an "Affiliated Party". For purposes of this Agreement, "Affiliated Party" means any business organization which Licensee owns, directly or indirectly, at least 20% of and any business organization which, directly or indirectly, owns at least 20% of Licensee.
Term of Agreement and Early Termination. A. This Agreement will begin on commencement date above and will continue for _five (5) years until January, 17, 2014. Within ninety (90) days of the anniversary of this Agreement, INVO and Distributor will review Distributor's sales and payment performance and other compliance with the terms of this Agreement during the prior Contract Year (as defined below). Both parties can decided to extended this agreement for an additional period of not greater than one year. For the purposes of this Agreement, "Contract Year" means a twelve-month period beginning on the anniversary date of this Agreement.
Term of Agreement and Early Termination. 2.1. This Agreement shall become effective on the Commencement Date and will remain in full force and effect for a period of five (5) years after the date of NMPA approval (the “Initial Term”), unless otherwise terminated in writing in accordance with the provisions of this Agreement. This Agreement shall automatically renew for successive two (2) year periods (the “Renewed Term”) unless written notice is given by either Party ninety (90) days prior to the expiry of the Initial Term or each Renewed Term (the Initial Term and Renewal Term collectively are referred to herein as the “Term”).
Term of Agreement and Early Termination. 13.1 Unless previously terminated by operation of law or by acts of the Parties under this Agreement, this Agreement shall be in full force and effect from the effective date thereof and shall remain in effect for the term of the intellectual property rights in the Licensed Patents.
13.2 A Party shall have the right to terminate this Agreement (without judicial resolution) upon notice to the other Party after a breach of any provision by the other Party has gone uncorrected for sixty (60) days after the other Party has been notified of such breach by the terminating Party.
13.3 Licensee shall have the right to terminate this Agreement upon thirty (30) days written notice if Licensed Product fails to achieve appropriate industry testing results at any testing stage. In such event, and included with such termination notice, Licensee will provide without restriction all testing results to Licensor.
13.4 Any termination pursuant to this Article shall not relieve Licensee of any obligation or liability accrued hereunder prior to the effective date of such termination.
Term of Agreement and Early Termination
