Common use of Termination by ARIAD US Clause in Contracts

Termination by ARIAD US. If ARIAD SWISSCO and its Affiliates fail to meet at least [**] of the minimum expenditure obligations set forth in Section 15.2 in each of two (2) consecutive calendar years, and if ARIAD SWISSCO fails to exceed by at least [**] the minimum expenditure obligations in each of the succeeding two years, then ARIAD US may terminate this Agreement in its entirety upon [**] prior written notice to ARIAD SWISSCO. Notwithstanding anything to the contrary in this Agreement, the provisions of this Section 26.5 shall be the sole and exclusive remedy of ARIAD US in this event.

Termination by ARIAD US. If ARIAD SWISSCO and its Affiliates fail to meet at least [**] of the minimum expenditure obligations set forth in Section 15.2 in each of two (2) consecutive calendar years[**], and if ARIAD SWISSCO fails to exceed by at least [**] the minimum expenditure obligations in each of the succeeding two years, [**] then ARIAD US may terminate this Agreement in its entirety upon [**] prior written notice to ARIAD SWISSCO. Notwithstanding anything to the contrary in this Agreement, the provisions of this Section 26.5 shall be the sole and exclusive remedy of ARIAD US in this event.

Termination by ARIAD US. If ARIAD SWISSCO and its Affiliates fail to meet at least [***] of the minimum expenditure obligations set forth in Section 15.2 in each of two (2) consecutive calendar years, and if ARIAD SWISSCO fails to exceed by at least [***] the minimum expenditure obligations in each of the succeeding two years, then ARIAD US may terminate this Agreement in its entirety upon [***] prior written notice to ARIAD SWISSCO. Notwithstanding anything to the contrary in this Agreement, the provisions of this Section 26.5 shall be the sole and exclusive remedy of ARIAD US in this event.