Common use of Termination Due to Breach Clause in Contracts

Termination Due to Breach. In the event either party materially breaches this Agreement, the innocent party may, without prejudice to its other rights and remedies, terminate this Agreement by giving prior written notice of thirty (30) days, provided that the breach remains uncured at the end of such notice period.

Appears in 2 contracts

Samples: Master Services Agreement, www.interlate.com

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Termination Due to Breach. In Without prejudice to any remedy or claims it may have against the event either party materially breaches other Party for material breach of this Agreement, the innocent party may, without prejudice either Party shall be entitled to its other rights and remedies, terminate this Agreement by giving prior written notice of the other Party at least thirty (30) days, provided that ' prior notice in writing if the other Party should materially breach remains uncured at any of the end provisions or conditions of this Agreement and if after having been given a written warning the other Party should fail to discontinue or should fail to make good such notice periodmaterial breach within ninety (90) days after receipt of the warning.

Appears in 2 contracts

Samples: Preferred Share Purchase Rights, Agreement (Vivus Inc)

Termination Due to Breach. In the event either Either party materially breaches this Agreement, the innocent party may, without prejudice to its other rights and remedies, may terminate this Agreement by giving prior written providing at least 30 days notice to the other party if such other party is in material breach of thirty (30) daysthis Agreement unless such other party, provided that within such 30 day period, remedies such breach to the breach remains uncured at reasonable satisfaction of the end of such notice periodnon-defaulting party.

Appears in 1 contract

Samples: Manufacturing and Marketing Agreement (Lasersight Inc /De)

Termination Due to Breach. In Either party has the event either party materially breaches this Agreement, the innocent party may, without prejudice right to its other rights and remedies, terminate this Agreement by giving prior if, within six(6) months after written notice of thirty (30) days, is given by one party alleging a breach by the other party provided that if a party in breach has remedied the breach remains uncured at within thirty(30) days from the end date of such notice periodnotification of the breach by the other party or if the party not in breach has agreed in writing to waive the breach, then the right to terminate this Agreement under this clause shall not arise.

Appears in 1 contract

Samples: License and Technical (China Automotive Systems Inc)

Termination Due to Breach. In the event If either party materially breaches is in material breach of a material term of this Agreement, the innocent party may, without prejudice to its other rights agreement and remedies, terminate this Agreement by giving prior written notice if such breach shall continue unremedied for a period of thirty (30) days, provided that the breach remains uncured at the end days after written notice of such breach to the breaching party, the non-breaching party may thereafter immediately terminate this Agreement by written notice periodof such termination to the breaching party.

Appears in 1 contract

Samples: License Agreement (Newagecities Com Inc)

Termination Due to Breach. In the event either party materially breaches of a material breach of any of the terms of this Agreement, the innocent non-breaching party may, without prejudice to its other rights and remedies, terminate this Agreement by giving prior may provide written notice to the breaching party stating the nature of the breach. If the breach is not cured within thirty (30) daysdays (or such shorter period as may be provided herein), provided that the breach remains uncured at Agreement may be terminated immediately upon written notice to the end of such notice periodbreaching party.

Appears in 1 contract

Samples: Prescription Benefit Management Services Agreement

Termination Due to Breach. In the event of a material breach of this Agreement by either party materially breaches this Agreementparty, the innocent party may, without prejudice other has the right to its other rights and remedies, terminate this Agreement by giving prior written notice of providing thirty (30) daysdays advance written notice to the breaching party, provided specifying the act or omission on which such termination is based. If the breaching party cures the breach within the thirty (30)-day advance notice period, this Agreement will remain in force. The thirty (30) day period will commence on the day that the breach remains uncured at breaching party receives the end of such notice periodnotice.

Appears in 1 contract

Samples: License Agreement (Novo Energies Corp)

Termination Due to Breach. In the event either If one party materially breaches fails to perform any term or provision of this Agreement, then the innocent other party may, without prejudice to at its other rights and remediessole option, terminate this Agreement by giving prior delivery of written notice of to the breaching party describing such breach without limiting its other rights; provided, however, if such breach is curable, such notice shall not be effective to terminate this Agreement if the breaching party cures the breach within thirty (30) days, provided that the breach remains uncured at the end days after delivery of such notice periodnotice.

Appears in 1 contract

Samples: Software License Agreement (Grow Biz International Inc)

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Termination Due to Breach. In the event addition to such other rights and remedies as may be available in law or in equity, should either party materially breaches this Agreementcommit a material breach of its obligations hereunder, the innocent other party may, without prejudice to at its other rights and remediesoption, terminate this Agreement by giving prior written notice of with thirty (30) daysdays written notice of desire to terminate, provided that which notice shall identify and describe the breach remains uncured at the end basis for such termination. If, prior to expiration of such notice period, the breaching party cures such breach, termination shall not take place.

Appears in 1 contract

Samples: Saas Agreement

Termination Due to Breach. In the event either Either party materially breaches may terminate this Agreement, the innocent party may, without prejudice to its other rights and remedies, terminate this Agreement by giving prior written notice of effective upon thirty (30) days' written notice, provided that if the other party fails to cure any material breach remains uncured at the end of its obligations under this Agreement within thirty (30) days following written notice to such notice periodparty.

Appears in 1 contract

Samples: Gourmetmarket Com Inc/Ca

Termination Due to Breach. In the event either Either party materially breaches may terminate this Agreement, the innocent party may, without prejudice to its other rights and remedies, terminate this Agreement by giving prior written notice of effective upon thirty (30) days' written notice, provided that if the other party fails to cure a material breach remains uncured at the end of any material obligation under this Agreement within thirty (30) days following written notice to such notice periodparty.

Appears in 1 contract

Samples: And Distribution Agreement (Digital Courier Technologies Inc)

Termination Due to Breach. In the event either party materially breaches this Agreement, the innocent party may, without prejudice to its other rights and remedies, terminate of a breach of this Agreement by giving prior written notice of one Party hereto, and if such breach is not cured within thirty (30) daysdays after written notice complaining thereof is received by such Party, provided the other Party may terminate this Agreement forthwith by written notice to that the breach remains uncured at the end of effect to such notice periodParty. 6.3.

Appears in 1 contract

Samples: Product Purchase Agreement (Sunrise Usa Inc)

Termination Due to Breach. In the event either Either party materially breaches may terminate this Agreement, the innocent party may, without prejudice to its other rights and remedies, terminate this Agreement by giving prior written notice of ------------------------- effective upon thirty (30) days' written notice, provided that if the other party fails to cure any material breach remains uncured at the end of its obligations under this Agreement within thirty (30) days following written notice to such notice periodparty.

Appears in 1 contract

Samples: Distribution Agreement (Drkoop Com)

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