Common use of Termination by Either Party Clause in Contracts

Termination by Either Party. Either Party may terminate this agreement (in whole or in part) by giving written notice if: (a) the other Party is in material breach of this agreement, provided if the breach is capable of remedy, the other Party must give written notice of such breach and a period of 30 calendar days from the said notice to remedy such breach; or (b) an Insolvency Event occurs in relation to the other Party.

Appears in 6 contracts

Samples: Development Work Agreement (Motricity Inc), Software License and Maintenance Agreement (Motricity Inc), System Supply, Integration and Managed Services Agreement (Motricity Inc)

AutoNDA by SimpleDocs

Termination by Either Party. Either Party may terminate this agreement (in whole or in part) by giving Agreement upon written notice if: to the other Party in the event the other Party (a) the other Party is in material materially breaches this Agreement and fails to cure such breach within [***] days after receipt of this agreement, provided if the breach is capable of remedy, the other Party must give written notice of such breach from the non-breaching Party, or (b) makes a general assignment for the benefit of creditors, has a receiver appointed on its behalf, or files or otherwise becomes subject to bankruptcy or insolvency proceedings which continues unstayed and in effect for a period of 30 calendar days from the said notice to remedy such breach; or (b) an Insolvency Event occurs in relation to the other Party[***] days.

Appears in 4 contracts

Samples: License Agreement (Exagen Inc.), License Agreement (Exagen Inc.), License Agreement (Exagen Diagnostics Inc)

Termination by Either Party. Either Party may terminate this agreement (in whole or in part) Agreement with immediate effect by giving written notice to the other Party if: (a) the other Party is in commits a material breach of any obligation under this agreementAgreement and, provided if in the case of a breach which is capable of remedy, the other Party must give fails to remedy it within thirty (30) days of receipt of written notice from the first Party of such breach and a period of 30 calendar days from the said notice its intention to remedy such breachexercise its rights under this Clause; or (b) an Insolvency Event occurs in relation to the other Party.

Appears in 3 contracts

Samples: Transitional Services Agreement (Alcon Inc), Transitional Services Agreement (Alcon Inc), Transitional Services Agreement (Alcon Inc)

Termination by Either Party. Either Party may terminate this agreement (in whole or in part) by giving written notice if: (a) Agreement upon the other Party is in Party's material breach of this agreementAgreement, provided if that (i) the non-breaching Party sends written notice to the breaching Party describing the breach is capable of remedy, in reasonable detail; (ii) the other breaching Party must give written notice does not cure the breach within thirty (30) days following its receipt of such breach and a period of 30 calendar days from the said notice to remedy such breach; or (b) an Insolvency Event occurs in relation to the other Party.notice

Appears in 3 contracts

Samples: Core Platform Service Agreement, Core Platform Service Agreement, Core Platform Service Agreement

Termination by Either Party. Either Party may terminate this agreement (in whole or in part) by giving written notice if: (a) Agreement upon the other Party is in Party's material breach of this agreementthe Agreement, provided if the that where such breach is capable of remedy, (i) the other non-breaching Party must give sends written notice to the breaching Party describing the breach in reasonable detail; (ii) the breaching Party does not remedy the breach within thirty (30) days following its receipt of such breach notice (the "Notice Period"); and (iii) following the expiration of the Notice Period, the non-breaching Party sends a period of 30 calendar days from the said second written notice indicating its election to remedy such breach; or (b) an Insolvency Event occurs in relation to the other Partyterminate this Agreement.

Appears in 3 contracts

Samples: Master Services Agreement, Terms and Conditions, Master Services Agreement

Termination by Either Party. Either Party may terminate this agreement (in whole or in part) by giving written notice if: (a) Agreement upon the other Party is in Party's material breach of this agreementthe Agreement, provided if that (i) the non-breaching Party sends written notice to the breaching Party describing the breach is capable in reasonable detail; (ii) the breaching Party does not cure the breach within thirty (30) days following its receipt of remedysuch notice (the "Notice Period"); and (iii) following the expiration of the Notice Period, the other non-breaching Party must give sends a second written notice of such breach and a period of 30 calendar days from the said notice indicating its election to remedy such breach; or (b) an Insolvency Event occurs in relation to the other Partyterminate this Agreement.

Appears in 3 contracts

Samples: Core Platform Service Agreement, Master Services Agreement, Core Platform Service Agreement

Termination by Either Party. Either Party This Agreement may terminate be terminated by either party, if the other party substantially fails to perform or otherwise materially breaches any of the material terms, covenants or provisions of this agreement (in whole or in part) Agreement, such termination to be effected by giving written notice if: (a) of intent to terminate to the other Party is in material breach of this agreement, provided if breaching party stating the grounds therefor. The party receiving the notice shall have [**] days thereafter to correct such breach. If such breach is capable of remedynot corrected within said [**] days after notice as aforesaid, the other Party must give written notice of such breach and a period of 30 calendar days from the said notice to remedy such breach; or (b) an Insolvency Event occurs in relation to the other Partythen this Agreement shall automatically terminate.

Appears in 3 contracts

Samples: License Agreement (uniQure B.V.), License Agreement (uniQure B.V.), License Agreement (uniQure B.V.)

Termination by Either Party. Either Party may terminate this agreement (in whole or in part) by giving written notice if: (a) Agreement without further obligation to the other Party is Party, upon providing at least thirty (30) days’ notice in the event of a material breach of this agreement, provided if the breach is capable of remedy, Agreement by the other Party must give written after notice thereof and failure of such breach and a period of 30 calendar days from the said notice other Party to remedy such breach; or or cure the breach within thirty (b30) an Insolvency Event occurs in relation to days of receipt of the other Partynotice.

Appears in 2 contracts

Samples: Telecommunications Access Agreement, Municipal Access Agreement

Termination by Either Party. Either A Party may terminate this agreement (in whole or in part) by giving written notice if: Agreement by: (a) providing written notice of termination without cause to the other Party is in material breach of this agreementparty, provided that all subscription terms for all outstanding Order Forms have expired or been terminated, or (b) providing written notice of termination for cause if the other party has materially breached the Agreement and has not cured such breach is capable within thirty (30) days of remedy, the other Party must give written notice of such breach and a period of 30 calendar days from the said notice to remedy such breach; or (b) an Insolvency Event occurs in relation to the other Party.

Appears in 2 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement

Termination by Either Party. Either Party party (the first party) may terminate this agreement (in whole or in part) Agreement with immediate effect by giving written notice to the other party if: (a) the that other Party is in material breach party breaches any term of this agreement, provided if Agreement capable of remedy and fails to remedy the breach is capable of remedywithin 14 days, or such other time as the other Party must give first party considers reasonable, after receiving written notice of such breach and a period of 30 calendar days from the said notice requiring it to remedy such breach; ordo so; (b) that other party breaches any material term of this Agreement not capable of remedy; (c) an Insolvency Event occurs in relation happens to the that other Partyparty (whether or not notified).

Appears in 2 contracts

Samples: Participation Agreement, Participation Agreement

Termination by Either Party. Either Party may terminate this agreement (in whole or in part) by giving written notice if: (a) Agreement upon the other Party is in Party's material breach of this agreementAgreement, provided if that (i) the non-breaching Party sends written notice to the breaching Party describing the breach is capable in reasonable detail; (ii) the breaching Party does not cure the breach within thirty (30) days following its receipt of remedysuch notice (the "Notice Period"); and (iii) following the expiration of the Notice Period, the other non-breaching Party must give sends a second written notice of such breach and a period of 30 calendar days from the said notice indicating its election to remedy such breach; or (b) an Insolvency Event occurs in relation to the other Partyterminate this Agreement.

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

Termination by Either Party. Either Party may terminate this agreement (in whole or in part) Agreement earlier by giving written notice if: (a) with immediate effect, if the other Party is in material breach of, or fails to perform its material obligations under this Agreement and fails to remedy such breach within *** days of this agreement, provided if the breach is capable of remedy, the other Party must give receiving written notice of such breach and a period of 30 calendar days from the said notice to remedy such breach; or (b) an Insolvency Event occurs in relation to the other non-breaching Party.

Appears in 2 contracts

Samples: Commercialization Agreement (Taiwan Liposome Company, Ltd.), Commercialization Agreement (Taiwan Liposome Company, Ltd.)

Termination by Either Party. Either Party party may terminate this agreement (Agreement with immediate effect by notice in whole writing on the occurrence of any or in part) by giving written notice ifall of the following events: (a) if the other Party is in material party commits a breach of its obligations under this agreement, provided Agreement and if the breach is capable of remedy, the other Party must give written notice of such breach and a period of 30 calendar days from the said notice its fails to remedy such breachthe breach within 30 days’ notice in writing requiring it to do so; or (b) if the other party suffers an Insolvency Event occurs in relation to the other PartyEvent.

Appears in 2 contracts

Samples: Introducing Broker Agreement, Introducing Broker Agreement

Termination by Either Party. Either Party party (the first party) may terminate this agreement (in whole or in part) Agreement with immediate effect by giving written notice to the other party if: (a) the that other Party is in material breach party breaches any term of this agreement, provided if Agreement capable of remedy and fails to remedy the breach is within 14 days, or such other time as the first party considers reasonable, after receiving written notice requiring it to do so; (b) that other party breaches any material term of this Agreement not capable of remedy, the other Party must give written notice of such breach and a period of 30 calendar days from the said notice to remedy such breach; or (bc) an Insolvency Event occurs in relation happens to the that other Partyparty (whether or not notified).

Appears in 2 contracts

Samples: Participation Agreement, Participation Agreement

Termination by Either Party. Either Party party may terminate this agreement (in whole or in part) by giving written notice if: Agreement (a) immediately at any time upon written notice to the other Party is party in material the event of a breach of this agreementAgreement by non-terminating party which cannot be cured (for example, provided if breach of the breach is capable of remedy, the other Party must give written notice of such breach and a period of 30 calendar days from the said notice to remedy such breach; or confidentiality obligation) and/or (b) an Insolvency Event occurs in relation at any time without cause upon not less than thirty (30) days’ prior written notice to the other Partyparty.

Appears in 2 contracts

Samples: Consulting Agreement (Verastem, Inc.), Consulting Agreement (Verastem, Inc.)

Termination by Either Party. Either A Party may terminate this agreement (in whole or in part) by giving written notice if: Agreement by: (a) providing written notice of termination without cause to the other Party, provided that all subscription terms for all outstanding Order Forms have expired or been terminated, or (b) providing written notice of termination for cause if the other Party is in material has materially breached the Agreement and has not cured such breach within thirty (30) days of this agreement, provided if the breach is capable of remedy, the other Party must give written notice of such breach and a period of 30 calendar days from the said notice to remedy such breach; or (b) an Insolvency Event occurs in relation to the other Party.

Appears in 2 contracts

Samples: Master Subscription Agreement, Member Master Subscription Agreement

Termination by Either Party. Either Party party may terminate this agreement (in whole or in part) Agreement, for a breach by giving written notice if: (a) the other Party party which is in material breach not cured within ninety (90) days of this agreement, provided if the breach is capable of remedy, the other Party must give written notice of such breach and a period of 30 calendar days from the said notice to remedy such breach; or (b) an Insolvency Event occurs in relation to , by giving the other Partyparty written notice in accordance with Section 7.6.

Appears in 1 contract

Samples: Reseller & Transfer of Accounts Agreement (Interactive Brand Development Inc.)

Termination by Either Party. Either Party party may terminate this agreement (in whole Agreement or in part) by giving any Service hereunder upon written notice to the other party if: (a) the other Party party is in material breach of this agreement, provided if the Agreement and such breach is capable has not been cured within * after receipt of remedy, the other Party must give written notice of such breach and a period of 30 calendar days from served by the said notice to remedy party claiming such breach; or (b) an Insolvency Event occurs performance of this Agreement or such Service, as applicable, would violate applicable Laws in relation to the other Partyany material respects.

Appears in 1 contract

Samples: Asset Purchase Agreement (TRX Inc/Ga)

Termination by Either Party. Either Party party may terminate this agreement (Agreement with immediate effect by notice in whole writing on the occurrence of any or in part) by giving written notice ifall of the following events: (a) if the other Party is in material party commits a breach of its obligations under this agreement, provided Agreement and if the breach is capable of remedy, the other Party must give written notice of such breach and a period of 30 calendar days from the said notice it fails to remedy such breachthe breach within 30 days’, notice in writing requiring it to do so; or (b) if the other party enters suffers an Insolvency Event occurs in relation to the other PartyEvent.

Appears in 1 contract

Samples: Client Introducer Agreement

Termination by Either Party. Either Party may terminate this agreement (in whole or in part) Agreement with immediate effect at any time prior to the Closing Date by giving to the other Party a written notice ifthereof, if at least one of the following events occurs: (a) a material breach of any of the Warranties given by the other Party is as set forth in material breach of this agreement, provided if the breach is capable of remedy, the other Party must give written notice of such breach and a period of 30 calendar days from the said notice to remedy such breachSection 2.4; or (b) an Insolvency Event occurs in relation to the other PartyParty acts in material breach of its obligations under this Agreement; or (c) the Closing Date has not occurred by 1 June 2007.

Appears in 1 contract

Samples: Combination Agreement (Kemet Corp)

AutoNDA by SimpleDocs

Termination by Either Party. Either Party This Agreement may be terminated at any time by notice in writing to the other party upon the occurrence of one or more of the following events: (a) In the event of a material breach hereunder, then the non-breaching party may terminate this agreement (in whole or in part) by giving Agreement upon not less than [**] prior written notice if: (a) notice, setting forth the other Party is in material breach of this agreementalleged breach, provided if unless the breach is capable of remedy, cured prior to the other Party must give written notice expiration of such breach and a period of 30 calendar days from the said notice to remedy such breach; or (b) an Insolvency Event occurs in relation to the other Partyperiod.

Appears in 1 contract

Samples: Production Agreement

Termination by Either Party. Either Party may terminate this agreement Agreement (in whole its entirety or in partwith respect to any Territory) by giving upon written notice if: (a) to the other Party is in material breach of this agreement, provided if the breach is capable of remedy, the other Party must give materially breaches this Agreement and does not cure such breach within thirty (30) days of its receipt of written notice of such breach and a period of 30 calendar days from the said notice to remedy such breach; or (b) an Insolvency Event occurs in relation to the other Party.

Appears in 1 contract

Samples: License Agreement (Pazoo, Inc.)

Termination by Either Party. Either Party A party may terminate this agreement (in whole or in part) by giving written notice ifAgreement: (a) immediately by notice to the other Party is party in writing if the other party commits a material breach of its obligations under this agreement, provided if the Agreement (including failure to make a payment or to meet a Milestone) and fails to remedy that material breach is capable within [**] days after receipt of remedy, notice from the other Party must give written notice party of such the material breach and a period of 30 calendar days from requesting that the said notice to remedy such breachmaterial breach be remedied; or (b) immediately by notice to the other party in writing if an Insolvency Event occurs in relation to the other Partyparty.

Appears in 1 contract

Samples: License Agreement (Aveo Pharmaceuticals Inc)

Termination by Either Party. Either Party may terminate this agreement (Agreement at any time in whole or in part) the event of a material breach by giving written notice if: (a) the other Party is in material breach of this agreement, provided if the breach is capable of remedy, the other Party must give which remains uncured after thirty (30) days written notice of such breach and a period of 30 calendar days from the said notice to remedy such breach; or (b) an Insolvency Event occurs in relation to the other Partythereof.

Appears in 1 contract

Samples: Interactive Marketing Agreement (Cybershop International Inc)

Termination by Either Party. Either Party may will have the right to terminate this agreement (in whole or in part) by giving Agreement, at its sole discretion, upon delivery of written notice ifto the other Party, upon the occurrence of any of the following: (a) the other Party is becomes bankrupt, insolvent or cannot pay its debts when due; (b) the occurrence of any material safety issue that such Party reasonably believes makes it inadvisable to proceed or continue with the commercialization of the Licensed Product in the Territory; or (c) a material breach of this agreement, provided if the breach is capable of remedy, Agreement by the other Party must give that is not cured within 90 days after written notice of such breach and a period of 30 calendar days from the said notice to remedy such breach; or (b) an Insolvency Event occurs in relation to the other Partyis given.

Appears in 1 contract

Samples: License and Technology Transfer Agreement

Termination by Either Party. Either Party party (the first party) may terminate this agreement (in whole or in part) Agreement with immediate effect by giving written notice to the other party if: (a) the that other Party is in material breach party breaches any term of this agreement, provided if Agreement capable of remedy and fails to remedy the breach is capable of remedywithin 14 days, or such other time as the other Party must give first party considers reasonable, after receiving written notice of such breach and a period of 30 calendar days from the said notice requiring it to remedy such breach; ordo so;‌ (b) that other party breaches any material term of this Agreement not capable of remedy; (c) an Insolvency Event occurs in relation happens to the that other Partyparty (whether or not notified).

Appears in 1 contract

Samples: Participation Agreement

Termination by Either Party. Either Party party may terminate this agreement Agreement upon thirty (in whole or in part30) by giving days formal written notice if: (a) to the other Party is party in the event of a material breach of any provision of this agreement, provided if the breach is capable of remedy, Agreement by the other Party must give written party. Such notice by the complaining party shall expressly state all of such the reasons for the claimed breach and a period of 30 calendar days from the said notice in sufficient detail so as to remedy such breach; or (b) an Insolvency Event occurs in relation to the other Party.provide

Appears in 1 contract

Samples: Subscription Services Agreement

Termination by Either Party. Either Party may terminate this agreement (in whole or in part) by giving written notice if: (a) Agreement without further obligation to the other Party is Party, upon providing at least twenty-four (24) hours notice in the event of a material breach of this agreement, provided if the breach is capable of remedy, Agreement by the other Party must give written after notice thereof and failure of such breach and a period of 30 calendar days from the said notice other Party to remedy such breach; or or cure the breach within thirty (b30) an Insolvency Event occurs in relation to days of receipt of the other Partynotice.

Appears in 1 contract

Samples: Municipal Access Agreement

Termination by Either Party. Either Party Upon thirty (30) days' prior written notice to the other party, either party may terminate this agreement (in whole or in part) by giving written notice if: (a) Agreement if the other Party is in party breaches any of its material obligations hereunder and fails to cure such breach of this agreement, provided if by the breach is capable of remedy, the other Party must give written notice end of such breach and a period of 30 calendar days from the said notice to remedy such breach; or thirty (b30) an Insolvency Event occurs in relation to the other Partyday period.

Appears in 1 contract

Samples: Transitional Services Agreement (Cytomedix Inc)

Termination by Either Party. Either Party A party may terminate this agreement (by notice in whole or in part) by giving written notice writing to the other party if: (a) the other Party is in party breaches a material breach term of this agreement, provided if agreement and fails to remedy that breach within ten Business Days after receiving a notice from the breach is capable of remedy, terminating party requiring the other Party must give written notice of such breach and a period of 30 calendar days from the said notice party to remedy such the breach; or (b) an Insolvency Event occurs in relation to the other Partyparty goes into liquidation, has a receiver, receiver and manager, administrator or similar person appointed, enters into a scheme of arrangement with creditors or is unable to pay its debts as and when they fall due.

Appears in 1 contract

Samples: Sponsored Research Agreement (Genetic Technologies LTD)

Termination by Either Party. Either Party may terminate this agreement (in whole or in part) by giving written notice if: (a) Agreement without further obligation to the other Party is Party, upon providing at least thirty (30) days’ notice in the event of a material breach of this agreement, provided if the breach is capable of remedy, Agreement by the other Party must give written after notice thereof and failure of such breach and a period of 30 calendar days from the said notice other Party to remedy such breach; or or cure the breach within thirty (b30) an Insolvency Event occurs in relation to days of receipt of the other Party.notice.‌

Appears in 1 contract

Samples: Telecommunications Access Agreement

Termination by Either Party. Either Party may party shall be entitled to terminate this agreement (Agreement in whole or in part) by giving written notice its entirety if: (a) the other Party is in material breach of this agreementparty becomes bankrupt or insolvent, provided if the breach is capable of remedy, the other Party must give written notice of such breach and a period of 30 calendar days from the said notice to remedy such breach; or (b) an Insolvency Event occurs in relation to the other Partyparty commits a material breach hereof and fails to remedy same after 30 calendar days' written notice from the terminating party specifying the particulars of such breach.

Appears in 1 contract

Samples: Supply Agreement (Crailar Technologies Inc)

Termination by Either Party. Either Party party may terminate this agreement (Agreement with immediate effect by notice in whole writing on the occurrence of any or in part) by giving written notice ifall of the following events: (a) if the other Party is in material party commits a breach of its obligations under this agreement, provided Agreement and if the breach is capable of remedy, the other Party must give written notice of such breach and a period of 30 calendar days from the said notice its fails to remedy such breachthe breach within 30 days’ notice in writing requiring it to do so; or (b) if the other party suffers an Insolvency Event occurs in relation to the other PartyEvent.

Appears in 1 contract

Samples: Introducing Partner Agreement

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