Common use of Termination by Provider Clause in Contracts

Termination by Provider. Provider may terminate this Agreement in the event of any of the following: (i) the Company becomes Insolvent; (ii) any failure of the Company to pay any amount owed to Provider under this Agreement (and not contested under Section 9.12) within ten (10) Business Days after the due date for such payment; provided that Provider has first provided at least ten (10) calendar days’ prior written notice to the Company and Investor of its intention to terminate for such failure pursuant to Section 3.2(c) below and the Company does not pay such due amount within such ten (10) calendar day period; or (iii) any failure by the Company to perform any of its material obligations under this Agreement, which failure, if not a payment breach, is not remedied within thirty (30) calendar days of written notice of such failure from Provider to the Company; provided that if (A) such failure can be remedied, (B) such failure cannot reasonably be remedied within such thirty (30) calendar day period, and (C) the Company commences cure of such failure within such thirty (30) calendar day period and thereafter diligently seeks to remedy such failure, then Provider will not be entitled to terminate this Agreement until such time as the Company ceases reasonable efforts to cure such failure unless such failure continues for a period of ninety (90) calendar days from the original written notice from Provider.