Common use of Termination Due to Passage of Time Clause in Contracts

Termination Due to Passage of Time. Either Party may terminate this Agreement effective upon notice to the other Party if the HSR Clearance Date shall not have occurred on or prior to the date one hundred and twenty (120) days after the Parties make their respective HSR Filings pursuant to Section 14.1. If this Agreement is terminated pursuant to this Section 12.2, then this Agreement, including Section 12.10 of this Agreement, shall terminate; provided, however, that the Confidentiality Agreement and the AVEO/SP Material Transfer Agreement shall remain in full force and effect notwithstanding any termination of this Agreement pursuant to this Section 12.2.

Termination Due to Passage of Time. Either Notwithstanding any other provisions of this Agreement to the contrary, either Party may terminate this Agreement effective upon notice to the other Party if the HSR Clearance Date shall not have occurred on or prior to the date one hundred and twenty that is ninety (12090) days after the Parties make their respective HSR Filings pursuant to Section 14.113.1. If this Agreement is so terminated pursuant to this Section 12.213.3, then this Agreement, including Section 12.10 of this Agreement, Agreement shall terminateterminate in its entirety; provided, however, that that, (i) the Prior Confidentiality Agreement and the AVEO/SP Material Transfer Agreement Agreements shall remain in full force and effect notwithstanding any termination of this Agreement pursuant to this Section 12.213.3 and (ii) Section 12.3(e) shall apply.