Common use of Termination for a Material Breach Clause in Contracts

Termination for a Material Breach. Each Party shall notify the breaching Party of a material breach of this Agreement in writing with a detailed description of the breach. The breaching Party shall have thirty (30) days from the receipt of such notice to use all reasonable means to cure this alleged material breach and to notify the non- breaching Party in writing that a cure has been effected. If the material breach is not cured within the thirty (30)-day period, the non-breaching Party shall have the right to terminate this Agreement with a written notice, however, if such material breach would concern or relate merely a certain Participating Institution or Participating Institutions, the Distributor has the right to terminate this Agreement only partially with respect to this or these Participating Institutions. Termination of this Agreement is effective immediately by the date of delivery of such a notice. The obligation of the Parties to also remedy any other breach shall not be affected by this provision.

Appears in 7 contracts

Samples: License Agreement, License Agreement, License Agreement

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Termination for a Material Breach. Each Party shall notify the breaching Party of a material breach of this Agreement in writing with a detailed description of the breach. The breaching Party shall have thirty sixty (3060) days from the receipt of such notice to use all reasonable means to cure this alleged material breach and to notify the non- breaching Party in writing that a cure has been effected. If the material breach is not cured within the thirty sixty (30)-day 60)-day period, the non-breaching Party shall have the right to terminate this Agreement with a written notice, however, if such material breach would concern or relate merely a certain Participating Institution or Participating Institutions, the Distributor has the right to terminate this Agreement only partially with respect to this or these Participating Institutions. Termination of this Agreement is effective immediately by the date of delivery of such a notice. The obligation of the Parties to also remedy any other breach shall not be affected by this provision.

Appears in 7 contracts

Samples: License Agreement, Standard License Agreement, License Agreement

Termination for a Material Breach. Each Party party shall notify the breaching Party party of a material breach of this Agreement in writing with a detailed description of the breach. The breaching Party party shall have thirty (30) days from the receipt of such notice to use all reasonable means to cure this alleged material breach and to notify the non- non-breaching Party party in writing that a cure has been effectedaffected. If the material breach is not cured within the thirty (30)-day period, the non-breaching Party party shall have the right to terminate this the Agreement with a written noticenotice entirely, however, if such material breach would concern or relate merely a certain Participating Institution or Participating Institutions, the Distributor Elsevier has the right to terminate this the Agreement only or partially with respect to this or these Participating InstitutionsInstitutions if the material breach arose only due to this particular Institution. Termination of this Agreement is effective immediately by the date of delivery of such a notice. The obligation of the Parties parties to also remedy any other breach shall not be affected by this provision.

Appears in 4 contracts

Samples: Elsevier Subscription Agreement, Elsevier Subscription Agreement, Subscription Agreement

Termination for a Material Breach. Each Party shall notify the breaching Party of a material breach of this Agreement in writing with a detailed description of the breach. The breaching Party shall have thirty (30) days from the receipt of such notice to use all reasonable means to cure this alleged material breach and to notify the non- breaching Party in writing that a cure has been effected. If the material breach is not cured within the thirty (30)-day period, the non-breaching Party shall have the right to terminate this Agreement with a written notice, however, if such material breach would concern or relate merely a certain Participating Institution or Participating Institutions, the Distributor Licensor has the right to terminate this Agreement only partially with respect to this or these Participating Institutions. Termination of this Agreement is effective immediately by the date of delivery of such a notice. The obligation of the Parties to also remedy any other breach shall not be affected by this provision.

Appears in 3 contracts

Samples: License Agreement, License Agreement, License Agreement

Termination for a Material Breach. Each Party shall notify the breaching Party of a material breach of this Agreement in writing with a detailed description of the breach. The breaching Party shall have thirty (30) days from the receipt of such notice to use all reasonable means to cure this alleged material breach and to notify the non- breaching Party in writing that a cure has been effected. If the material breach is not cured within the thirty sixty (30)-day 60)-day period, the non-breaching Party shall have the right to terminate this Agreement with a written notice, however, if such material breach would concern or relate merely a certain Participating Institution or Participating Institutions, the Distributor has the right to terminate this Agreement only partially with respect to this or these Participating Institutions. Termination of this Agreement is effective immediately by the date of delivery of such a notice. The obligation of the Parties to also remedy any other breach shall not be affected by this provision.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Termination for a Material Breach. Each Party shall notify the breaching Party of a material breach of this Agreement in writing with a detailed description of the breach. The breaching Party shall have thirty (30) days from the receipt of such notice to use all reasonable means to cure this alleged material breach and to notify the non- breaching Party in writing that a cure has been effected. If the material breach is not cured within the thirty (30)-day period, the non-breaching Party shall have the right with a written notice to immediately and without judicial or administrative resolution partially terminate this Agreement with a written notice, however, if such material breach would concern or relate merely respect to a certain Participating Institution if the Material Breach arose due to this particular Participating Institution, or Participating Institutions, the Distributor has the right to terminate this Agreement only partially with respect to this or these Participating Institutionsentirely if the Licensee has materially breached the terms and conditions hereof. Termination of this Agreement is effective immediately by the date of delivery of such a notice. The obligation of the Parties to also remedy any other breach shall not be affected by this provision.

Appears in 1 contract

Samples: License Agreement

Termination for a Material Breach. Each Party shall notify the breaching Party of a material breach of this Agreement in writing with a detailed description of the breach. The breaching Party shall have thirty sixty (3060) days from the receipt of such notice to use all reasonable means to cure this alleged material breach and to notify the non- non-breaching Party in writing that a cure has been effected. If the material breach is not cured within the thirty sixty (30)-day 60)-day period, the non-breaching Party shall have the right to terminate this Agreement with a written notice, however, if such material breach would concern or relate merely a certain Participating Institution or Participating Institutions, the Distributor Licensor has the right to terminate this Agreement only partially with respect to this or these Participating Institutions. Termination of this Agreement is effective immediately by the date of delivery of such a notice. The obligation of the Parties to also remedy any other breach shall not be affected by this provision.

Appears in 1 contract

Samples: License Agreement

Termination for a Material Breach. Each Party shall notify the breaching Party of a material breach of this Agreement in writing with a detailed description of the breach. The breaching Party shall have thirty (30) days from the receipt of such notice to use all reasonable means to cure this alleged material breach and to notify the non- breaching Party in writing that a cure has been effectedaffected. If the material breach is not cured within the thirty (30)-day 30) day period, the non-breaching Party shall have the right to terminate this Agreement with a written notice, however, if such material breach would concern or relate merely a certain Participating Institution or Participating Institutions, the Distributor has the right to terminate this Agreement only partially with respect to this or these Participating Institutions. Termination of this Agreement is effective immediately by the date of delivery of such a notice. The obligation of the Parties to also remedy any other breach shall not be affected by this provision.

Appears in 1 contract

Samples: License Agreement

Termination for a Material Breach. Each Party shall notify the breaching Party of a material breach of this Agreement in writing with a detailed description of the breach. The breaching Party shall have thirty sixty (3060) days from the receipt of such notice to use all reasonable means to cure this alleged material breach and to notify the non- breaching Party in writing that a cure has been effected. If the material breach is not cured within the thirty sixty (30)-day 60)-day period, the non-breaching Party shall have the right to terminate this Agreement with a written noticenotice entirely, however, if such material breach would concern or relate merely a certain Participating Institution or Participating Institutions, the Distributor Licensor has the right to terminate this Agreement only partially with respect to this or these Participating Institutions. Termination of this Agreement is effective immediately by the date of delivery of such a notice. The obligation of the Parties to also remedy any other breach shall not be affected by this provision.

Appears in 1 contract

Samples: License Agreement

Termination for a Material Breach. Each Party shall notify the breaching Party of a material breach of this Agreement in writing with a detailed description of the breach. The breaching Party shall have thirty sixty (3060) days from the receipt of such notice to use all reasonable means to cure this alleged material breach and to notify the non- breaching Party in writing that a cure has been effected. If the material breach is not cured within the thirty sixty (30)-day 60)-day period, the non-breaching Party shall have the right to terminate this Agreement with a written notice, however, if such material breach would concern or relate merely a certain Participating Institution or Participating Institutions, the Distributor Licensor has the right to terminate this Agreement only partially with respect to this or these Participating InstitutionsInstitutions . Termination of this Agreement is effective immediately by the date of delivery of such a notice. The obligation of the Parties to also remedy any other breach shall not be affected by this provision.

Appears in 1 contract

Samples: License Agreement

Termination for a Material Breach. Each Party shall notify the breaching Party of a material breach of this Agreement in writing with a detailed description of the breach. The breaching Party shall have thirty sixty (3060) days from the receipt of such notice to use all reasonable means to cure this alleged material breach and to notify the non- breaching Party in writing that a cure has been effected. If the material breach is not cured within the thirty sixty (30)-day 60)-day period, the non-breaching Party shall have the right to terminate this Agreement with a written notice, however, if such material breach would concern or relate merely a certain Participating Institution or Participating Institutions, the Distributor has the right to terminate this Agreement only partially with respect to this or these Participating Institutionsthese. Termination of this Agreement is effective immediately by the date of delivery of such a notice. The obligation of the Parties to also remedy any other breach shall not be affected by this provision.

Appears in 1 contract

Samples: License Agreement

Termination for a Material Breach. Each Party shall notify the breaching Party of a material breach of this Agreement in writing with a detailed description of the breach. The breaching Party shall have thirty (30) days from the receipt of such notice to use all reasonable means to cure this alleged material breach and to notify the non- non-breaching Party in writing that a cure has been effected. If the material breach is not cured within the thirty (30)-day period, the non-breaching Party shall have the right to terminate this Agreement with a written notice, however, if such material breach would concern notice to immediately and without judicial or relate merely administrative resolution partially terminate the Agreement with respect to a certain Participating Institution or Participating Institutions, if the Distributor has the right to terminate this Agreement only partially with respect Material Breach arose due to this particular Participating Institution, or these Participating Institutionsterminate the Agreement entirely if the Licensee has materially breached the terms and conditions hereof. Termination of this Agreement is effective immediately by the date of delivery of such a notice. The obligation of the Parties to also remedy any other breach shall not be affected by this provision.

Appears in 1 contract

Samples: License Agreement

Termination for a Material Breach. Each Party shall notify the breaching Party of a material breach of this Agreement in writing with a detailed description of the breach. The breaching Party shall have thirty seven (307) days from the receipt of such notice to use all reasonable means to cure this alleged material breach and to notify the non- breaching Party in writing that a cure has been effected. If the material breach is not cured within the thirty seven (30)-day 7)-day period, the non-breaching Party shall have the right to terminate this Agreement with a written notice, however, if such material breach would concern or relate merely a certain Participating Institution or Participating Institutions, the Distributor Licensor has the right to terminate this Agreement only partially with respect to this or these Participating Institutions. Termination of this Agreement is effective immediately by the date of delivery of such a notice. The obligation of the Parties to also remedy any other breach shall not be affected by this provision.

Appears in 1 contract

Samples: License Agreement

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Termination for a Material Breach. Each Party shall notify the breaching Party of a material breach of this Agreement in writing with a detailed description of the breach. The breaching Party shall have thirty sixty (3060) days from the receipt of such notice to use all reasonable means to cure this alleged material breach and to notify the non- breaching Party in writing that a cure has been effected. If the material breach is not cured within the thirty sixty (30)-day 60)-day period, the non-breaching Party shall have the right to terminate this Agreement with a written notice, however, if such material breach would concern or relate merely a certain Participating Institution or Participating Institutions, the Distributor has will use the right best efforts to ensure the Publisher will terminate this Agreement the access only partially with respect to this or these Participating Institutions. Termination of this Agreement is effective immediately by the date of delivery of such a notice. The obligation of the Parties to also remedy any other breach shall not be affected by this provision.

Appears in 1 contract

Samples: License Agreement

Termination for a Material Breach. Each Party shall notify the breaching Party of a material breach of this Agreement in writing with a detailed description of the breach. The breaching Party shall have thirty (30) days from the receipt of such notice to use all reasonable means to cure this alleged material breach and to notify the non- breaching Party in writing that a cure has been effected. If the material breach is not cured within the thirty (30)-day period, the non-breaching Party shall have the right to terminate this Agreement with a written notice, however, if such material breach would concern or relate merely a certain Participating Institution or Participating Institutions, the Distributor Licensor has the right to terminate this Agreement only partially with respect to this or these Participating InstitutionsInstitutions . Termination of this Agreement is effective immediately by the date of delivery of such a notice. The obligation of the Parties to also remedy any other breach shall not be affected by this provision.

Appears in 1 contract

Samples: License Agreement

Termination for a Material Breach. Each Party shall notify the breaching Party of a material breach of this Agreement in writing with a detailed description of the breach. The breaching Party shall have thirty sixty (3060) days from the receipt of such notice to use all reasonable means to cure this alleged material breach and to notify the non- breaching Party in writing that a cure has been effected. If the material breach is not cured within the thirty sixty (30)-day 60)-day period, the non-breaching Party shall have the right to terminate this Agreement with a written notice, however, if such material breach would concern or relate merely a certain Participating Institution or Participating Institutions, the Distributor Licensor has the right to terminate this Agreement only partially with respect to this or these Participating InstitutionsInstitutions with a written notice. Termination of this Agreement is effective immediately by the date of delivery of such a notice. The obligation of the Parties to also remedy any other breach shall not be affected by this provision.

Appears in 1 contract

Samples: License Agreement

Termination for a Material Breach. Each Party party shall notify the breaching Party party of a material breach of this Agreement in writing with a detailed description of the breach. The breaching Party party shall have thirty sixty (3010) days from the receipt of such notice to use all reasonable means to cure this alleged material breach and to notify the non- non-breaching Party party in writing that a cure has been effected. If the material breach is not cured within the thirty ten (30)-day 10)-day period, the non-breaching Party party shall have the right to terminate this the Agreement with a written notice, however, if such material breach would concern or relate merely a certain Participating Institution or Participating Institutions, the Distributor AIPP has the right to terminate this the Agreement only partially with respect to this or these Participating Institutions. Termination of this Agreement is effective immediately by the date of delivery of such a notice. The obligation of the Parties parties to also remedy any other breach shall not be affected by this provision.

Appears in 1 contract

Samples: Content Licensing Agreement

Termination for a Material Breach. Each Party shall notify the breaching Party of a material breach of this Agreement in writing with a detailed description of the breach. The breaching Party shall have thirty sixty (3060) days from the receipt of such notice to use all reasonable means to cure this alleged material breach and to notify the non- breaching Party in writing that a cure has been effected. If the material breach is not cured within the thirty sixty (30)-day 60)-day period, the non-breaching Party shall have the right to terminate this Agreement with a written notice, however, if such material breach would concern or relate merely a certain Participating Institution or Participating Institutions, the Distributor Licensor has the right to terminate this Agreement only partially with respect to this or these Participating Institutions. Termination of this Agreement is effective immediately by the date of delivery of such a notice. The obligation of the Parties to also remedy any other breach shall not be affected by this provision.

Appears in 1 contract

Samples: License Agreement

Termination for a Material Breach. Each Party party shall notify the breaching Party party of a material breach of this Agreement in writing with a detailed description of the breach. The breaching Party party shall have thirty (30) days from the receipt of such notice to use all reasonable means to cure this alleged material breach and to notify the non- non-breaching Party party in writing that a cure has been effectedaffected. If the material breach is not cured within the thirty thethirty (30)-day period, the non-breaching Party party shall have the right to terminate this the Agreement with a written noticenotice entirely, however, if such material breach would concern or relate merely a certain Participating Institution or Participating Institutions, the Distributor Elsevier has the right to terminate this the Agreement only or partially with respect to this or these Participating InstitutionsInstitutions if the material breach arose only due to this particular Institution. Termination of this Agreement is effective immediately by the date of delivery of such a notice. The obligation of the Parties parties to also remedy any other breach shall not be affected by this provision.

Appears in 1 contract

Samples: Elsevier Subscription Agreement

Termination for a Material Breach. Each If either Party materially breached any obligations under this Agreement the other shall notify the breaching Party of a the material breach of this Agreement in writing with a detailed description of the breach. The breaching Party shall have thirty (30) days from the receipt of such notice to use all reasonable means to cure this alleged material breach and to notify the non- non-breaching Party in writing that a cure has been effected. If the material breach is not cured within the thirty (30)-day 30) day period, the non-breaching Party shall have the right to terminate this Agreement with a written without further notice, however, if such material breach would concern or relate merely a certain Participating Institution or Participating Institutions, the Distributor has the right to terminate this Agreement only partially with respect to this or these Participating Institutions. Termination of this Agreement is effective immediately by the date of delivery of such a notice. The obligation of the Parties to also remedy any other breach shall not be affected by this provision.

Appears in 1 contract

Samples: License Agreement

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