Common use of Termination by Reason of Breach Clause in Contracts

Termination by Reason of Breach. This Agreement may be terminated by Seller if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of Buyer or the failure by Buyer to perform any condition or obligation hereunder, and may be terminated by Buyer, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of Seller or the failure of Seller to perform any condition or obligation hereunder. Written notice of any such termination must be delivered by the terminating Party to the non-terminating Party and non-terminating Party shall have thirty (30) days to cure said breach. If such breach shall remain uncured by such thirtieth (30th) day then this Agreement may be terminated.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Can B Corp), Asset Purchase Agreement (Can B Corp)

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Termination by Reason of Breach. This Agreement may be terminated by Seller if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of Buyer or the failure by Buyer to perform any condition or obligation hereunder, and may be terminated by BuyerTransferor, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of Seller the Transferee or the failure by the Transferee to perform any condition or obligation hereunder, and may be terminated by the Transferee, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of the Transferor or the failure of Seller the Transferor to perform any condition or obligation hereunder. Written notice of any such termination must be delivered by the terminating Party party to the non-terminating Party party and non-terminating Party party shall have thirty (30) 30 days to cure said breach. If such breach shall remain uncured by such thirtieth (30th) the 31st day then this Agreement may shall be deemed terminated.

Appears in 2 contracts

Samples: Asset Acquisition Agreement (Cardium Therapeutics, Inc.), Asset Acquisition Agreement (Cell-Nique Corp)

Termination by Reason of Breach. This Agreement may be terminated by Seller the mutual agreement of Sellers, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of Buyer or the failure by Buyer to perform any condition or obligation hereunder, and may be terminated by Buyer, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of Seller the Sellers or the failure of Seller the Sellers to perform any condition or obligation hereunder. Written notice of any such termination must be delivered by the terminating Party to the non-terminating Party and non-terminating Party shall have thirty (30) days to cure said breach. If such breach shall remain uncured by such thirtieth (30th) day then this Agreement may be terminated.

Appears in 2 contracts

Samples: Equipment Acquisition Agreement (Can B Corp), Equipment Acquisition Agreement (Can B Corp)

Termination by Reason of Breach. This Agreement may be terminated by Seller if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of Buyer or the failure by Buyer to perform any condition or obligation hereunder, and may be terminated by BuyerTransferor, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of Seller the Transferee or the failure by the Transferee to perform any condition or obligation hereunder, and may be terminated by the Transferee, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of the Transferor or the failure of Seller the Transferor to perform any condition or obligation hereunder. Written notice of any such termination must be delivered by the terminating Party party to the non-terminating Party party and non-terminating Party party shall have thirty (30) 30 days to cure said breach. If such breach shall remain uncured by such thirtieth (30th) 30th day then this Agreement may shall be deemed terminated.

Appears in 1 contract

Samples: Asset Acquisition Agreement (Can B Corp)

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Termination by Reason of Breach. This Agreement may be terminated by Seller if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of Buyer or the failure by Buyer to perform any condition or obligation hereunder, and may be terminated by BuyerTransferor, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of Seller the Transferee or the failure by the Transferee to perform any condition or obligation hereunder, and may be terminated by the Transferee, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of the Transferor or the failure of Seller the Transferor to perform any condition or obligation hereunder. Written notice of any such termination must be delivered by the terminating Party party to the non-terminating Party party and non-terminating Party Transferee shall have thirty (30) 30 days to cure said breach. If such breach shall remain thereafter if uncured by such thirtieth (30th) 31st day then this Agreement may said agreement shall be deemed terminated.

Appears in 1 contract

Samples: Asset Acquisition Agreement (Cell-Nique Corp)

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