Termination by Novavax. (a) NOVAVAX shall have the right to terminate this Agreement except as provided in Section 11.4 below, at any time upon written notice to KING, if KING breaches in a material way any of the representations, warranties, covenants or agreements set forth in this Agreement or otherwise materially defaults in the performance of any of its duties or obligations under this Agreement, which breach or default shall not be cured within sixty (60) days after written notice is given to KING specifying the breach or default.
Appears in 2 contracts
Samples: Copromotion Agreement (Novavax Inc), Copromotion Agreement (King Pharmaceuticals Inc)
Termination by Novavax. (a) NOVAVAX shall have the right to terminate this Agreement except as provided in Section 11.4 below, at any time upon written notice to KING, if KING breaches in a material way any of the representations, warranties, covenants or agreements set forth in this Agreement or otherwise materially defaults in the performance of any of its duties or obligations under this Agreement, which breach or default shall not be cured within sixty (60) days after written notice is given to KING specifying the breach or default.
Appears in 2 contracts
Samples: Exclusive License and Distribution Agreement (King Pharmaceuticals Inc), Exclusive License and Distribution Agreement (Novavax Inc)