Termination Conditions. This Agreement terminates upon the earlier of any of the following events: a.
Termination Conditions. Such license shall not be terminated or its exploitation enjoined, until and unless: (i) Opto-Device has committed a material breach of its obligations under this IP License Agreement, Hitachi has given written notice of such breach to Opto-Device and such breach remains uncured after sixty (60) days of receiving notice of such breach (the “Cure Period”), or, in the case of a breach that cannot be cured within such Cure Period, Opto-Device has not instituted within such Cure Period steps necessary to remedy the default and/or thereafter has not diligently pursued the same to completion; or (ii) Opto-Device has committed an incurable material breach. In the event the breach is a curable breach that cannot be cured within the Cure Period but with respect to which Opto-Device has instituted steps necessary to remedy the default and is thereafter diligently pursuing such cure, both parties shall negotiate to determine whether further pursuit of such cure is reasonable. If the parties cannot agree on a resolution in such negotiations, then this issue shall be referred to arbitration pursuant to the arbitration procedures set forth in Exhibit B hereto to decide whether such breach can be cured or any other alternative remedy should be adopted. In the event the breach is an incurable breach, the parties agree that the matter shall be referred to arbitration pursuant to the arbitration procedures set forth in Exhibit B hereto to determine the appropriate remedy. In the event that either party submits the dispute to arbitration, both parties shall cooperate in such binding arbitration in accordance with Exhibit B.
Termination Conditions. Subject to Section 4(c), such license shall not be terminated or its exploitation enjoined, until and unless: (i) Hitachi has committed a material breach of its obligations under this IP License Agreement, Opnext Japan has given written notice of such breach to Hitachi and such breach remains uncured after the Cure Period, or, in the case of a breach, which cannot be cured within such Cure Period, Hitachi has not instituted within such Cure Period steps necessary to remedy the default and/or thereafter has not diligently pursued the same to completion; or (ii) Hitachi has committed a material breach which is incurable. In the event the breach is a curable breach that cannot be cured within the Cure Period but with respect to which Hitachi has instituted steps necessary to remedy the default and is thereafter diligently pursuing such cure, both parties shall negotiate to determine whether further pursuit of such cure is reasonable. If the parties cannot agree on a resolution in such negotiations, then this issue shall be referred to arbitration pursuant to the arbitration procedures set forth in Exhibit B hereto to decide whether such breach can be cured or any other alternative remedy should be adopted. In the event the breach is an incurable breach, (i) the parties agree that the matter shall be referred to arbitration pursuant to the arbitration procedures set forth in Exhibit B hereto to determine the appropriate remedy, and (ii) Hitachi shall provide an on-going plan to address the prevention of such a breach occurring again reasonably acceptable to Opnext Japan within sixty (60) days of written notice of the breach and shall implement and comply with such plan within the time period set forth in such plan. In the event that either party submits the dispute to arbitration, both parties shall cooperate in such binding arbitration in accordance with Exhibit B.
Termination Conditions. This Agreement terminates upon the earlier of any of the following events: a. IEC and/or RA Rejection. If, through no fault of Institution or Principal Investigator, the Trial is never initiated because of IEC and/or RA disapproval, this Agreement can be terminated by any Party immediately.
Termination Conditions. This Agreement shall be effective upon satisfaction of the conditions set forth in Section 15.1 and shall extend for the term specified in Section 15.3 unless earlier terminated pursuant to an express provision of this Agreement; provided, however, that any obligation to make payments by Purchaser or by SCPPA or any outstanding liability of Purchaser or SCPPA hereunder which either exists or may exist as of the date of termination of this Agreement, or which comes into existence at any future time as a result of any activity or transaction carried forth under this Agreement, shall survive such termination.
Termination Conditions. In the event that any of the conditions in subsection 2(b) have not been satisfied or waived by all Parties by the date specified therein, the Parties shall meet within fifteen (15) calendar days following such date to discuss in good faith whether or not this Agreement can be restructured on a mutually satisfactory basis under the circumstances. In the event the Parties are unable to agree on such a restructuring within forty- five (45) calendar days after the first meeting on such matter, this Agreement may either (i) be extended up to an additional ninety (90) calendar days thereafter by mutual consent obtained on or before such 45th day, or (ii) be terminated if any Party, within fifteen (15) calendar days thereafter, gives ten (10) calendar days prior written notice; provided, however, such termination shall not become effective if such condition under Subsection 2(b) has been satisfied or waived prior to the effective date of such termination.
Termination Conditions. This Agreement terminates upon the earlier of any of the following events: 18.1 Podmínky ukončení platnosti smlouvy. Platnost této smlouvy skončí, jakmile nastane kterákoliv z následujících událostí:
a. IEC and/or RA Rejection. If, through no fault of Institution or Principal Investigator, the Trial is never initiated because of IEC and/or RA disapproval, this Agreement can be terminated by any Party immediately.
a. Zamítnutí ze strany NEK a/nebo RÚ. Jestliže bez zavinění zdravotnického zařízení nebo hlavního zkoušejícího nebude klinické hodnocení zahájeno z důvodu zamítnutí ze strany NEK a/nebo RÚ, kterákoliv ze stran může s okamžitou platností ukončit tuto smlouvu.
Termination Conditions. This Agreement terminates upon the earlier of any of the following events: 18.
1. Podmínky ukončení platnosti smlouvy Platnost této smlouvy skončí, jakmile nastane kterákoliv z následujících událostí:
Termination Conditions. This Agreement terminates upon the earlier of any of the following events: 18.
1. Podmínky ukončení platnosti smlouvy Platnost této smlouvy skončí, jakmile nastane kterákoliv z následujících událostí:
a. IEC Rejection. If, through no fault of Institution or Principal Investigator, the Trial is never initiated because of IEC disapproval, this Agreement can be terminated by any party immediately.
a. Zamítnutí ze strany NEK Jestliže bez zavinění zdravotnického zařízení nebo hlavního zkoušejícího nebude klinické hodnocení zahájeno z důvodu zamítnutí ze strany NEK, kterákoliv ze stran může s okamžitou platností ukončit tuto smlouvu.
Termination Conditions. All of the rights and remedies under this Agreement and the other Loan Documents shall survive until (A) all of the Secured Obligations (other than contingent indemnity obligations) shall have been fully and indefeasibly paid and satisfied in cash, (B) the Commitments and all financing arrangements among the Borrower and the Lenders shall have been terminated (including under Hedging Agreements or other agreements with respect to Hedging Obligations) and (C) all of the Letters of Credit shall have expired, been cancelled or terminated, or cash collateralized pursuant to the terms of this Agreement or supported by a letter of credit acceptable to the Administrative Agent (collectively, the “Termination Conditions”).
