Common use of Termination by Reason of Breach Clause in Contracts

Termination by Reason of Breach. This Agreement may be terminated by the Stockholders, if at any time prior to the Closing there shall occur a breach of any of the representations, warranties or covenants of the Buyer or the failure by the Buyer to perform any condition or obligation hereunder, and may be terminated by the Buyer, if at any time prior to the Closing there shall occur a breach of any of the representations, warranties or covenants of the Stockholders, the Company or any of the Subsidiaries or the failure of the Stockholder, the Company or any of the Subsidiaries to perform any condition or obligation hereunder (such a breach by the Stockholders, the Company or any of the Subsidiaries shall be referred to herein as a "Pre-Closing Breach").

Termination by Reason of Breach. This Agreement may be terminated by the StockholdersStockholders or TView, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of the Buyer FOCUS or FAC or the failure by the Buyer FOCUS or FAC to perform any condition or obligation hereunder, and may be terminated by the BuyerFOCUS or FAC, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of the Stockholders, the Company Stockholders or any of the Subsidiaries TView or the failure of the Stockholder, the Company Stockholders or any of the Subsidiaries TView to perform any condition or obligation hereunder (such a breach by the Stockholders, the Company or any of the Subsidiaries shall be referred to herein as a "Pre-Closing Breach")hereunder.

Termination by Reason of Breach. This Agreement may be terminated by the Stockholders, if at any time prior to the Closing there shall occur a breach of any of the material representations, warranties or covenants of the Buyer or the failure by the Buyer to perform any material condition or obligation hereunder, and may be terminated by the Buyer, if at any time prior to the Closing there shall occur a breach of any of the material representations, warranties or covenants of the Stockholders, the Company or any of the Subsidiaries or the material failure of the StockholderStockholders, the Company or any of the Subsidiaries to perform any condition or obligation hereunder (such a breach by the Buyer, Stockholders, the Company or any of the Subsidiaries shall be referred to herein as a "Pre-Closing Breach").

Termination by Reason of Breach. This Agreement may be ------------------------------- terminated by the StockholdersSellers or the Stockholder, if at any time prior to the Closing there shall occur a breach of any of the representations, warranties or covenants of the Buyer or the failure by the Buyer to perform any condition or obligation hereunder, and may be terminated by the Buyer, if at any time prior to the Closing there shall occur a breach of any of the representations, warranties or covenants of a Seller or the Stockholders, the Company or any of the Subsidiaries Stockholder or the failure of a Seller or the Stockholder, the Company or any of the Subsidiaries Stockholder to perform any condition or obligation hereunder (such a breach by the Stockholders, the Company or any of the Subsidiaries shall be referred to herein as a "Pre-Closing Breach")hereunder.

Termination by Reason of Breach. This Agreement may be ------------------------------- terminated by the StockholdersSeller or the Principal Stockholder, if at any time prior to the Closing there shall occur a breach of any of the representations, warranties or covenants of the Buyer or the failure by the Buyer to perform any condition or obligation hereunder, and may be terminated by the Buyer, if at any time prior to the Closing there shall occur a breach of any of the representations, warranties or covenants of the Stockholders, Seller or the Company or any of the Subsidiaries Principal Stockholder or the failure of the Stockholder, Seller or the Company or any of the Subsidiaries Principal Stockholder to perform any condition or obligation hereunder (such a breach by the Stockholders, the Company or any of the Subsidiaries shall be referred to herein as a "Pre-Closing Breach")hereunder.

Termination by Reason of Breach. This Agreement may be ------------------------------- terminated by the StockholdersSeller Entities, if at any time prior to the Closing there shall occur a breach of any of the representations, warranties or covenants of the Buyer Entities or the failure by the Buyer Entities to perform any condition or obligation hereunder, and may be terminated by the BuyerBuyer Entities, if at any time prior to the Closing there shall occur a breach of any of the representations, warranties or covenants of the Stockholders, the Company or any of the Subsidiaries Seller Entities or the failure of the Stockholder, the Company or any of the Subsidiaries Seller Entities to perform any condition or obligation hereunder (such a breach by the Stockholders, the Company or any of the Subsidiaries shall be referred to herein as a "Pre-Closing Breach")hereunder.