Termination Due to Material Breach. If a party materially breaches this Agreement (a "Defaulting Party") the other party (the "Non-Defaulting Party") may give written notice thereof to the Defaulting Party ("Breach Notice"), and if such material breach shall not have been remedied within thirty (30) days after the Breach Notice is given, then the Non-Defaulting Party may terminate this Agreement by giving written notice of termination to the Defaulting Party ("Breach Termination Notice"), in which case this Agreement shall terminate as of 11:59 PM (Eastern Time) on the 30th day following the date the Breach Termination Notice is given, or such later date as may be specified in the Breach Termination Notice. In all cases, termination by the Non-Defaulting Party shall not constitute a waiver by the Non-Defaulting Party of any other rights it might have under this Agreement or otherwise against the Defaulting Party. In the event a Breach Notice specifies that a Service Level Termination Event constitutes a material breach of the Agreement with respect to which the Breach Notice is being given (a "Material Service Level Termination Event"), the 30 day cure period provided for in the first sentence of this Section 13(b) shall not be applicable and such Breach Notice must specify the termination date.
Termination Due to Material Breach. If LEXAR materially ---------------------------------- breaches any term or condition of this Agreement and fails to cure that breach within thirty (30) calendar days after receiving written notice of the breach, SONY shall have the right to terminate this Agreement any time after the end of such thirty (30) calendar day period.
Termination Due to Material Breach. Upon failure of any Party to remedy its material breach of any of its obligations under this Agreement within *** following receipt of written notice of said breach from the other Party (except for a breach of the NOVARTIS Policy Statement, for which there shall be no right to remedy), the Party giving such notice shall have the right but not the obligation to terminate this Agreement immediately (or such longer period of time as such Party shall determine) by written notice.
Termination Due to Material Breach. This Agreement may be terminated by either party for cause upon giving the other party written notice of the breach of this Agreement committed by the other party and giving the other party a reasonable time to cure the breach. For the purpose of this Agreement, a reasonable time to cure the breach specified in the written notice shall be deemed to be:
(1) For any breach of Sections 2.1, 2.2, 3.1, 3.2, 5.1, or 7: Five (5) business days from receipt of written notice.
(2) For all other types of breach of this Agreement, except as provided below: Thirty (30) calendar days from receipt of written notice of the breach. Notwithstanding the foregoing, in the event either party materially breaches any provision of this Agreement by fraud, act of intent to defraud, failure to notify the other party of a material change in party’s financial structure or a material change in the information originally provided to induce the other party to enter into the Agreement, the non-breaching party may immediately terminate this Agreement in writing without giving the breaching party an opportunity to cure the breach with prior written notice.
Termination Due to Material Breach. (a) Either party may terminate this Agreement upon giving not less than 30 days’ written notice of termination to the other party if the other party shall have committed a Material Breach, unless such Material Breach is capable of being remedied, and is remedied, within 30 days after the receipt of such written notice. In the case of a Material Breach which is capable of remedy, the party which is not in breach may only terminate this Agreement following the expiry of the 30 day period where such Material Beach has not then been remedied. A persistent breach, however, is not to be treated as capable of remedy for the purposes of this provision and, for the purposes of this provision; a persistent breach is a Material Breach which has occurred 3 times or more in any continuous period of 12 months.
Termination Due to Material Breach. If a Party to this Agreement commits a material breach of any provision of this Agreement (including but not limited to payment due under Article 3, warranties under Article 5, Patent Prosecution, Enforcement or Defense under Article 6) and fails to remedy such breach within thirty (30) days after written notice thereof from the other Party stating the intent to terminate, the Party not in default may, at its option, terminate this Agreement by giving thirty (30) days prior written notice to the Party in default. In addition, ENBC may terminate this Agreement if the Collaboration Agreement is not entered into within 90 days of the Effective Date, or if Genencor commits any material breach of such Collaboration Agreement and such breach is not remedied within thirty (30) days following written notice thereof by ENBC.
Termination Due to Material Breach. (a) If Samsung materially breaches any term or condition of this Agreement or the Purchase Agreement and fails to cure that breach within thirty (30) calendar days after receiving written notice of the breach (or as to the Purchase Agreement within such other cure period as specified therein), Lexar shall have the right to terminate the licenses and other rights granted to Samsung under Sections 2.1 and 2.2 at any time after the end of applicable cure period.
(b) If Lexar materially breaches any term or condition of this Agreement or the Purchase Agreement and fails to cure that breach within thirty (30) calendar days after receiving written notice of the breach (or as to the Purchase Agreement within such other cure period as specified therein), Samsung shall be released of any and all obligations of license fee and royalty payments under Section 4 herein, and Lexar grant of rights under Section 2.1(e) shall become effective immediately thereafter.
Termination Due to Material Breach. If either Party fails to correct a material default hereunder, the other Party may give written Notice specifying the material default and indicating an intent to terminate this Agreement if the material default is not cured. The Party receiving such Notice shall have ninety (90) days from the date of receipt of such Notice to cure such material default. If such material default is not cured by the end of the ninety (90) day period set forth immediately above, the non-defaulting Party may terminate this Agreement immediately by written Notice given at any time after the end of such period, provided that the material default is continuing on the date of such termination Notice. Notwithstanding the foregoing, with respect to any material default that cannot reasonably be cured within ninety (90) days, if the defaulting Party in good faith promptly proceeds to commence to cure the material default and thereafter proceeds with all diligence substantially to cure the same, the defaulting Party shall have another ninety (90) days (for a total of one hundred eighty (180) days) to cure substantially the material default. If the material default is not substantially cured by the end of such additional ninety (90) day period, the other Party shall have the right to terminate this Agreement at any time after the end of such period, effective immediately upon delivery of a written termination Notice to the defaulting Party, provided that the material default is continuing on the date of such termination Notice.
Termination Due to Material Breach. In the event of any material breach of this Agreement by either Party, the Party not in breach shall be entitled to dispatch to the Party in material breach a demand for correction of such material breach within a stipulated, reasonable period, which period shall not be less than sixty (60) days following the date of receipt of the written demand. If the Party in material breach as aforesaid fails to correct the material breach within the stipulated, reasonable period or such longer period of time mutually agreed to by the Parties, the Party not in breach shall have the unconditional right and option to terminate this Agreement immediately upon giving to the Party in material breach written notice of such termination.
Termination Due to Material Breach. Either RSFA or Race may terminate this Agreement by delivering written notice of such termination to the other Party in the event of a Material Breach by the other Party where the breaching Party does not cure such Material Breach within 30 days after receiving written notice of such Material Breach from the non-breaching Party. Notwithstanding the foregoing, if with the exercise of commercially reasonable efforts, it is not practicable to cure such Material Breach within such 30-day period, the cure period shall be extended for a commercially reasonable period (up to an additional 60 days) if the breaching Party continues to exercise commercially reasonable efforts to cure such Material Breach. Conversely, this Agreement may be terminated in the event of a Material Breach without giving 30 days' notice and opportunity to cure notwithstanding the foregoing if (i) the breaching Party provides written notice to the non-breaching Party that the breaching Party will not attempt to cure such Material Breach within 30 days of notice of a Material Breach, (ii) the breaching Party is not diligently working to cure such Material Breach in a reasonable and good faith manner at all times during the applicable cure period, or (iii) the Material Breach is not capable of being cured.
