Common use of Termination for Breach of Covenants Clause in Contracts

Termination for Breach of Covenants. BII shall be entitled to terminate this Agreement at any time, if MABVAX does not fulfill its contractual obligations under Article 8 after Closing, and provided MABVAX does not cure such non-fulfillment of its contractual obligations within [***] Business Days after receipt of written notice from BII regarding such nonfulfillment. However, such cure is not possible in case of MABVAX’s non fulfillment of the contractual obligations has caused an impairment of the Acquired Assets as solely determined by BII.

Appears in 2 contracts

Samples: Asset Purchase and License Agreement (Mabvax Therapeutics Holdings, Inc.), Asset Purchase and License Agreement (Mabvax Therapeutics Holdings, Inc.)

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Termination for Breach of Covenants. BII shall be entitled to terminate this Agreement at any time, if MABVAX does not fulfill its contractual obligations under Article 8 after Closing, and provided MABVAX does not cure such non-fulfillment of its contractual obligations within [***] Business Days after receipt of written notice from BII regarding such nonfulfillment. However, such cure is not possible in case of MABVAX’s non fulfillment of the contractual obligations has caused an impairment of the Acquired Assets as solely determined by BII.. 14.3.3

Appears in 1 contract

Samples: Asset Purchase and License Agreement

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Termination for Breach of Covenants. BII shall be entitled to terminate this Agreement at any time, if MABVAX does not fulfill its contractual obligations under Article 8 after Closing, and provided MABVAX does not cure such non-fulfillment of its contractual obligations within [***] Business Days after receipt of written notice from BII regarding such nonfulfillment. However, such cure is not possible in case of MABVAX’s non fulfillment of the contractual obligations has caused an impairment of the Acquired Assets as solely determined by BII.

Appears in 1 contract

Samples: Asset Purchase and License Agreement (Mabvax Therapeutics Holdings, Inc.)

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