Common use of Termination by Either Party for Cause Clause in Contracts

Termination by Either Party for Cause. Subject to Section 13.06, a Party may terminate this Agreement prior to the expiration of this Agreement upon the occurrence of any of the following: (a) upon or after the permanent cessation of operations of the other Party without a successor, or the bankruptcy or judicially declared insolvency of such Party, or the dissolution or winding up of the other Party (other than dissolution or winding up for the purposes or reconstruction or amalgamation) without a successor; or (b) upon or after the material breach of this Agreement or the Supply Agreement by the other Party (other than a failure to pay by Purdue under this Agreement, which is addressed in Section 13.03(b)), if the breaching Party has not cured such breach, if capable of being cured within such time period, within *** after written notice thereof by the non-breaching Party, provided that notwithstanding the foregoing, BDSI shall be entitled to terminate this Agreement pursuant to Section 13.03(b) without providing the aforementioned opportunity to cure.

Appears in 2 contracts

Samples: License Agreement (Biodelivery Sciences International Inc), License Agreement (Biodelivery Sciences International Inc)

AutoNDA by SimpleDocs

Termination by Either Party for Cause. Subject to Section 13.0613.07, a either Party may terminate this Agreement prior to the expiration of this Agreement upon the occurrence of any of the following: (a) upon or after the permanent cessation of operations of the other Party without a successor, or the bankruptcy or judicially declared insolvency of such Party, or the dissolution or winding up of the other Party (other than dissolution or winding up for the purposes or reconstruction or amalgamation) without a successor; or (b) upon or after the material breach of this Agreement or the Supply Agreement by the other Party (other than a failure to pay by Purdue under this AgreementCollegium, which is addressed in Section 13.03(b13.03(c)), if the breaching Party has not cured such breach, if capable of being cured within such time period, within *** after written notice thereof by the non-breaching Party, provided that that, notwithstanding the foregoing, BDSI shall be entitled to terminate this Agreement pursuant to Section 13.03(b13.03(c) without providing the aforementioned opportunity to cure.

Appears in 2 contracts

Samples: License and Development Agreement (Collegium Pharmaceutical, Inc), License and Development Agreement (Biodelivery Sciences International Inc)

Termination by Either Party for Cause. Subject to Section 13.06, a Either Party may terminate this Agreement prior to the expiration of this Agreement the Term upon the occurrence of any of the following: (a) upon Upon or after the permanent cessation of operations of the other Party without a successor, or the bankruptcy or judicially declared insolvency of such Partybankruptcy, or the insolvency, dissolution or winding up of the other Party (other than dissolution or winding up for the purposes or reconstruction or amalgamation) without a successor); or (b) upon Upon or after the material breach of any material provision of this Agreement or the Supply Agreement by the other Party (other than a failure to pay by Purdue under this AgreementMeda, which is addressed in Section 13.03(b)13.03(d) below), if the breaching Party has not cured such breach, if capable of being cured within such time period, within *** 60 days after written notice thereof by the non-breaching Party, provided that that, notwithstanding the foregoing, BDSI shall be entitled to terminate this Agreement pursuant to Section 13.03(b) 13.03 without providing the aforementioned opportunity to cure.

Appears in 1 contract

Samples: License and Development Agreement (Biodelivery Sciences International Inc)

AutoNDA by SimpleDocs

Termination by Either Party for Cause. Subject to Section 13.06, a Either Party may terminate this Agreement prior to the expiration of this Agreement the Term upon the occurrence of any of the following: (a) upon Upon or after the permanent cessation of operations of the other Party without a successor, or the bankruptcy or judicially declared insolvency of such Partybankruptcy, or the insolvency, dissolution or winding up of the other Party (other than dissolution or winding up for the purposes or reconstruction or amalgamation) without a successor); or (b) upon Upon or after the material breach of any material provision of this Agreement or the Supply Agreement by the other Party (other than a failure to pay by Purdue under this AgreementMeda, which is addressed in Section 13.03(b)13.03(d) below), if the breaching Party has not cured such breach, if capable of being cured within such time period, within *** after written notice thereof by the non-breaching Party, provided that that, notwithstanding the foregoing, BDSI shall be entitled to terminate this Agreement pursuant to Section 13.03(b) 13.03 without providing the aforementioned opportunity to cure.

Appears in 1 contract

Samples: License and Development Agreement (Biodelivery Sciences International Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!