Termination for Breach. Either Party may terminate this Agreement if the other Party materially breaches this Agreement and fails to cure such breach within thirty (30) days of receipt of prior written notice from such Party thereof. 13.4
Appears in 9 contracts
Samples: Trial Agreement, Trial Agreement, smlouvy.gov.cz
Termination for Breach. Either If either Party may terminate this Agreement if the other Party materially breaches commits a material breach of this Agreement and fails to cure such remedy that breach within thirty sixty (3060) days of after receipt of prior written notice from such the other Party, the Party thereof. 13.4giving notice may terminate this Agreement by written notice to the other Party, effective upon receipt.
Appears in 9 contracts
Samples: Research Agreement, Research Agreement, Research Agreement
Termination for Breach. Either Upon material breach, the aggrieved Party may terminate this Agreement if provided that the other breaching Party materially breaches this Agreement and fails to cure such the breach within thirty (30) 30 days of after receipt of prior written notice from such Party thereofnotice. 13.4This remedy is in addition to any other remedies available at law.
Appears in 8 contracts
Samples: Sponsored Research Agreement, Sponsored Research Agreement, Sponsored Research Agreement
Termination for Breach. Either Party party may terminate this Agreement (including the Statement of Work) if the other Party materially party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days of receipt of prior following written notice thereof from such Party thereof. 13.4the non-breaching party.
Appears in 8 contracts
Samples: Consulting Agreement (Volcon, Inc.), Consulting Agreement, Consulting Agreement (Neurogene Inc.)
Termination for Breach. Either Party party may terminate this Agreement (including all Statements of Work) if the other Party materially party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days of receipt of prior following written notice thereof from such Party thereof. 13.4the non-breaching party.
Appears in 7 contracts
Samples: Advisor Agreement (FaZe Holdings Inc.), Independent Contractor Agreement (FaZe Holdings Inc.), Independent Contractor Agreement (B. Riley Principal 150 Merger Corp.)
Termination for Breach. Either Party This agreement may terminate this Agreement be terminated by a party by immediate written notice if the other Party materially breaches this Agreement party is in breach (other than a trivial breach causing no material harm); and where the breach is capable of remedy, the party in breach fails to cure such remedy the breach within thirty (30) 30 days of receipt of prior written notice from such Party thereof. 13.4the other party.
Appears in 7 contracts
Samples: wisetime.com, wisetime.com, wisetime.com
Termination for Breach. Either Party may terminate this Agreement if for cause on thirty (30) days’ written notice (the “Cure Period”) to the other Party materially breaches in the event of a breach of any material provision of this Agreement and by such other Party; provided that, during the Cure Period, the breaching Party fails to cure such breach. In the event the noticed breach within thirty (30) days is incapable of receipt of prior cure, the non-breaching Party may terminate the Agreement immediately upon written notice from such Party thereof. 13.4to the other Party.
Appears in 7 contracts
Samples: Development Agreement (Mri Interventions, Inc.), Technology License Agreement (Mri Interventions, Inc.), Technology License Agreement (Surgivision Inc)
Termination for Breach. Either Party If a party materially breaches this Agreement, the other party, after giving the breaching party ten (10) days prior written notice, may terminate this Agreement if the breach remains uncured. In addition, either party may terminate this Agreement if the other Party materially breaches this Agreement and fails party makes a general assignment for the benefit of its creditors, permits the appointment of a receiver for its business or assets, or takes steps to cure such breach within thirty (30) days of receipt of prior written notice from such Party thereof. 13.4wind down its business.
Appears in 6 contracts
Samples: Content Distributor Agreement (Media888 Inc), Content Distributor Agreement (Media888 Inc), Content Distributor Agreement (Media888 Inc)
Termination for Breach. Either Party may terminate this the Agreement for breach if the other Party materially breaches this fails to meet any obligation stated in the Agreement and fails to cure such breach does not remedy that failure within thirty (30) days of receipt of prior written notice from such the nonbreaching Party thereof. 13.4describing the failure.
Appears in 6 contracts
Samples: Master Service Agreement, Terms and Conditions, Terms and Conditions
Termination for Breach. Either Party party may terminate this Agreement if for breach of any of the terms of this Agreement by the other Party materially breaches this Agreement and fails party, if such breach is not cured or has begun to cure such breach by the other party within thirty sixty (3060) days of receipt of prior written notice from by such Party thereof. 13.4party informing the other party of such breach.
Appears in 6 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement
Termination for Breach. Either Each Party may terminate this Agreement by written notice to the other Party at any time, if the other Party materially breaches any provision of this Agreement and fails to cure such breach within thirty (30) days of receipt of prior a written notice thereof from such Party thereof. 13.4the non-breaching Party.
Appears in 5 contracts
Samples: Unc Sublicense Agreement (Novan, Inc.), How License Agreement (Novan, Inc.), Unc Sublicense Agreement (Novan, Inc.)
Termination for Breach. Either Party party may terminate this Agreement (including the Statement of Work) if the other Party materially party breaches any material term of this Agreement and fails to cure such breach within thirty ten (3010) days of receipt of prior following written notice thereof from such Party thereof. 13.4the non-breaching party.
Appears in 5 contracts
Samples: Airbnb, Inc. Photographer Agreement, Consulting Agreement (Passage BIO, Inc.), Consulting Agreement (Passage BIO, Inc.)
Termination for Breach. Either Party Provider or Customer may terminate this Agreement if if: i. the other Party materially breaches this party is in material breach of the Agreement and fails to cure such that breach within thirty (30) 30 days of after receipt of prior written notice from such Party thereof. 13.4or
Appears in 5 contracts
Samples: Software as a Service Agreement for Ezyprocure, Software as a Service Agreement for Ezyprocure, Software as a Service Agreement
Termination for Breach. Either Party may terminate this Agreement if for material breach by the other Party materially breaches this Agreement and fails to cure of such breach within Party’s agreements, representations, warranties or covenants that remains uncured for thirty (30) days of receipt of prior after receiving written notice from such Party thereof. 13.4the non-breaching party.
Appears in 5 contracts
Samples: License Agreement (American Capital Senior Floating, Ltd.), License Agreement (Javelin Mortgage Investment Corp.), Form of License Agreement (Javelin Mortgage Investment Corp.)
Termination for Breach. Either Party party may terminate this Agreement if the other Party materially party breaches any material term of this Agreement and fails to cure such that breach within thirty (30) 30 days of after receipt of prior written notice from such Party thereof. 13.4notice.
Appears in 5 contracts
Samples: Cloud Subscription Terms, Enterprise Terms, Enterprise Agreement
Termination for Breach. Either Party may terminate this Agreement the Agreement, upon written notice, if the other Party materially breaches this the Agreement and fails to cure such the breach within (a) remains uncured thirty (30) days of receipt of prior written after the date the breaching Party receives a notice from such the other Party thereofdescribing the breach and requiring it to be cured or (b) is incapable of being cured. 13.4If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s).
Appears in 4 contracts
Samples: Master Services Agreement, Service Level Agreement, Master Services Agreement
Termination for Breach. Either Notwithstanding the foregoing, either Party may terminate this Agreement if the other Party materially breaches is in breach of any provision of this Agreement and fails and, where such breach is capable of cure, the breach remains uncured for more than 30 days following the receipt of written notice thereof from the non- breaching Party specifying the default in sufficient detail to enable the defaulting Party to cure such breach within thirty (30) days of receipt of prior written notice from such Party thereof. 13.4the breach.
Appears in 4 contracts
Samples: Terms and Conditions and License Agreement, developer.myscript.com, developer.myscript.com
Termination for Breach. Either Party A party may terminate this Agreement agreement in writing if the other Party materially party breaches a term of this Agreement agreement and fails to cure such remedy the breach within thirty (30) 30 calendar days of receipt of prior written receiving notice from such Party thereof. 13.4requiring it to do so.
Appears in 4 contracts
Samples: www.datocms-assets.com, snowmedical.org.au, snowmedical.org.au
Termination for Breach. Either Party may terminate this Agreement upon thirty (30) days’ prior written notice if the other Party materially breaches is in material breach of this Agreement and fails to cure such material breach within such thirty (30) days of receipt of prior written notice from such Party thereof. 13.430)-day period.
Appears in 4 contracts
Samples: Shared Services Agreement (Invea Therapeutics, Inc), Separation and Shared Services Agreement (BioXcel Therapeutics, Inc.), Asset Contribution Agreement (BioXcel Therapeutics, Inc.)
Termination for Breach. Either Party may terminate this Agreement immediately upon written notice if the other Party materially breaches this Agreement and fails to cure such breach within thirty remains uncured (30to the extent it is capable of cure) fourteen (14) days of receipt of prior after having received written notice from such Party thereof. 13.4.
Appears in 4 contracts
Samples: General Terms And, General Terms And, General Terms And
Termination for Breach. Either Party party may terminate this Agreement if the other Party materially party breaches any material term of this Agreement and fails to cure such breach within thirty ten (3010) days of receipt of prior following written notice thereof from such Party thereof. 13.4the non-breaching party.
Appears in 4 contracts
Samples: Consulting Agreement (Marpai, Inc.), Transition and Consulting Agreement (Dexcom Inc), Consulting Agreement (Imageware Systems Inc)
Termination for Breach. Either Party may terminate this Agreement on written notice to the other Party if the other Party materially breaches any of its obligations under this Agreement and fails to cure such breach within thirty sixty (3060) days of receipt of prior following written notice from such Party thereof. 13.4thereof by the terminating Party.
Appears in 4 contracts
Samples: Oled Technology License Agreement (Universal Display Corp \Pa\), Oled Technology License Agreement (Universal Display Corp \Pa\), Oled Technology License Agreement (Universal Display Corp \Pa\)
Termination for Breach. Either Party party may terminate this Agreement if the other Party materially party breaches a material term of this Agreement and fails to cure such breach within thirty (30) calendar days of receipt of prior following written notice thereof from such Party thereof. 13.4the other party.
Appears in 4 contracts
Samples: Bitgo Custodial Services Agreement (Robert Ventures Holdings LLC), Bitgo Custodial Services Agreement (Valkyrie Bitcoin Fund), Bitgo Custodial Services Agreement (Valkyrie Bitcoin Fund)
Termination for Breach. Either Party party hereto shall have, in addition to any other rights and remedies such party may have, the right to terminate this Agreement if on thirty (30) days’ prior written notice to the other Party party hereto, if such other party shall have materially breaches breached or defaulted in the performance of any provision of this Agreement Agreement; provided, however, that if it is possible for such breach or default to be cured and fails to the party receiving such notice of termination shall cure such breach or default within thirty (30) days of after receipt of prior written notice from such Party thereof. 13.4notice, then this Agreement shall continue in full force and effect.
Appears in 4 contracts
Samples: Transition Services Agreement (Columbia Pipeline Group, Inc.), Transition Services Agreement (Columbia Pipeline Group, Inc.), Transition Services Agreement (Columbia Pipeline Group, Inc.)
Termination for Breach. Either Without prejudice to any other right or remedy which may be available to it, either Party may terminate this Agreement if by giving (a) written notice in the event that the other Party materially breaches commits a material breach of this Agreement and such breach is capable of remedy, fails to cure such breach within such sixty (60) days of receiving written notice thereof from the non-breaching Party; or (b) where such breach is not capable of remedy, thirty (30) days of receipt of prior written notice from such Party thereof. 13.4notice.
Appears in 4 contracts
Samples: General Terms And, General Terms And, General Terms And
Termination for Breach. Either Each Party may terminate this Agreement immediately upon written notice to the other Party if the other Party materially breaches commits a material breach under this Agreement and and, if curable, fails to cure such that breach within thirty sixty (3060) days of after receipt of prior written notice from specifying the material breach (except that for payment defaults, such Party thereof. 13.4cure period will be seven (7) days).
Appears in 4 contracts
Samples: Saas Agreement, Software Subscription Agreement, Subscription Agreement
Termination for Breach. Either Each Party may terminate this Agreement if upon thirty (30) days’ prior written notice to the other Party in the event that the other Party (i) materially breaches this Agreement Agreement, and fails to (ii) does not cure such breach within such thirty (30) days of receipt of prior written notice from such Party thereof. 13.4day period.
Appears in 4 contracts
Samples: Sourcing Services Agreement – Joyoung (SharkNinja, Inc.), Sourcing Services Agreement – Joyoung, Sourcing Services Agreement – Joyoung (SharkNinja, Inc.)
Termination for Breach. Either Party party may terminate this Agreement if the other Party materially breaches this Agreement and party fails to cure such breach a material breach, which substantially impairs the value of the Agreement as a whole to the non-breaching party, within thirty ten (3010) days of the receipt of prior written notice from such Party thereof. 13.4being given by the non-breaching party.
Appears in 4 contracts
Samples: Law Library Service Agreement, Law Library Service Agreement, Law Library Service Agreement
Termination for Breach. Either Party party may terminate this Agreement on written notice to the other party if the other Party party materially breaches any of its obligations under this Agreement and fails to cure such breach within thirty (30) days of receipt of prior following written notice from such Party thereof. 13.4thereof by the terminating party.
Appears in 4 contracts
Samples: Oled Patent License Agreement (Universal Display Corp \Pa\), Oled Technology License Agreement (Universal Display Corp \Pa\), Commercial Supply Agreement (Universal Display Corp \Pa\)
Termination for Breach. Either Party may terminate this Agreement ---------------------- upon sixty (60) days written notice of the other Party's breach of a material term or condition of this Agreement, provided that such termination shall not take effect if the other Party materially breaches this Agreement and fails remedies such breach, to cure the terminating Party's reasonable satisfaction, within such breach within thirty sixty (3060) days of receipt of prior written day notice from such Party thereof. 13.4period.
Appears in 3 contracts
Samples: Registration Rights Agreement (Retractable Technologies Inc), Registration Rights Agreement (Retractable Technologies Inc), Registration Rights Agreement (Retractable Technologies Inc)
Termination for Breach. Either Party may terminate this Agreement if the other Party materially breaches a term of this Agreement and fails to cure such breach within thirty (30) 30 days of receipt of prior after written notice from such Party thereof. 13.4the non-defaulting Party.
Appears in 3 contracts
Samples: Promotion, Pricing and Guarantee Agreement (Miso Robotics, Inc.), Promotion, Pricing and Guarantee Agreement (Miso Robotics, Inc.), Promotion, Pricing and Guarantee Agreement (Miso Robotics, Inc.)
Termination for Breach. Either Party party may terminate this Agreement immediately upon notice to the other party if the other Party party materially breaches this Agreement Agreement, and fails to cure such breach within thirty remains uncured more than five (305) days of after receipt of prior written notice from of such Party thereof. 13.4breach.
Appears in 3 contracts
Samples: Headset Exchange Retailer Agreement, Headset Retailer Agreement, Headset Supplier Agreement
Termination for Breach. Either Party party may terminate this Agreement (including all Statements of Work) if the other Party materially party breaches any material term of this Agreement and fails to cure such breach within thirty ten (3010) days of receipt of prior following written notice thereof from such Party thereof. 13.4the non-breaching party.
Appears in 3 contracts
Samples: Consulting Agreement (BILL Holdings, Inc.), Consulting Agreement (G1 Therapeutics, Inc.), Consulting Agreement (Accuray Inc)
Termination for Breach. Either Party may terminate this Agreement upon written notice if the other Party materially breaches is in material breach of this Agreement and the breaching Party fails to cure such that breach within thirty (30) days of receipt of prior after written notice thereof from such Party thereof. 13.4the non-breaching Party.
Appears in 3 contracts
Samples: Distribution Agreement (Qualtrics International Inc.), Distribution Agreement (Qualtrics International Inc.), Distribution Agreement (Qualtrics International Inc.)
Termination for Breach. Either Without prejudice to any other right or remedy that may be available to it, each Party may terminate this Agreement immediately upon written notice to the other Party if the such other Party materially breaches this Agreement any of its obligations hereunder and fails to cure such breach within a period of thirty (30) days of following receipt of prior written notice of such breach from such Party thereof. 13.4the terminating Party.
Appears in 3 contracts
Samples: Master Development and Supply Agreement (Block, Inc.), Master Development and Supply Agreement (Square, Inc.), Master Development and Supply Agreement (Square, Inc.)
Termination for Breach. Either Party may terminate this Agreement if at any time for substantial breach of any of the other Party materially breaches this Agreement and fails to cure such breach within thirty material provisions hereof upon sixty (3060) days of receipt of prior written notice from such to the other, provided that if alleged breach is disputed by the breaching Party, the non-breaching Party thereof. 13.4may only terminate this Agreement upon completion of the foregoing procedure following the passing of the sixty (60) days prior written notice as set forth above:
Appears in 3 contracts
Samples: Stratec Development Services and Equity Participation Agreement, Stratec Development Services and Equity Participation Agreement (Quanterix Corp), Stratec Development Services and Equity Participation Agreement (Quanterix Corp)
Termination for Breach. Either Party may terminate this Agreement if by giving written notice to the other Party materially breaches in the event the other Party is in material breach of this Agreement and fails will have failed to cure such material breach within thirty (30) days of receipt of prior written notice from thereof, provided the non-breaching Party, at its discretion, may extend such Party thereof. 13.4period;
Appears in 3 contracts
Samples: Manufacturing and Supply Agreement (Silk Road Medical Inc), Manufacturing and Supply Agreement (Silk Road Medical Inc), Manufacturing and Supply Agreement (Silk Road Medical Inc)
Termination for Breach. Either Party party may terminate this Agreement if ---------------------- the other Party party materially breaches a material obligation hereunder and such breach remains uncured for thirty (30) days following the notice to the breaching party of the breach and the notifying party's intention to terminate. All undisputed payments that have accrued prior to the termination or expiration of this Agreement and fails to cure such breach for any reason will be payable in full within thirty (30) days of receipt of prior written notice from such Party thereof. 13.4.
Appears in 3 contracts
Samples: Services Agreement (E Stamp Corp), Services Agreement (E Stamp Corp), Services Agreement (E Stamp Corp)
Termination for Breach. Either If either Party may terminate this Agreement if the other Party materially breaches commits a material breach of this Agreement and fails to cure such remedy that breach within thirty sixty (3060) days of after receipt of prior written notice from the other Party, the Party giving notice may terminate this Agreement by written notice to the other Party, effective upon receipt. Material breach includes but is not limited to failure to provide any resources such Party thereof. 13.4as payment of any amounts due under this Agreement.
Appears in 3 contracts
Samples: Research Agreement, Research Agreement, Research Agreement
Termination for Breach. Either Party party may terminate this Agreement ---------------------- by written notice to the other party if the other Party materially party breaches any material provision of this Agreement and fails to cure such breach is not cured within thirty (30) days of receipt of prior after written notice from such Party thereof. 13.4thereof is received by the breaching party.
Appears in 3 contracts
Samples: And Software License Agreement (Clearcommerce Corp), And Software License Agreement (Clearcommerce Corp), And Software License Agreement (Clearcommerce Corp)
Termination for Breach. Either Party may terminate this Agreement if sixty (60) days after giving the other Party materially breaches notice of breach of any material provision of this Agreement (including without limitation the representations and fails to cure warranties set forth in Article VII hereof) by the other Party, unless such breach is cured within thirty (30) days the period of receipt of prior written notice from such Party thereofnotice. 13.4***Confidential Treatment Requested 34
Appears in 3 contracts
Samples: Development and License Agreement (Signal Pharmaceuticals Inc), Development and License Agreement (Signal Pharmaceuticals Inc), Development and License Agreement (Signal Pharmaceuticals Inc)
Termination for Breach. Either This Agreement may be terminated upon written notice of a material breach, provided that a Party may terminate this Agreement if the other Party materially breaches this Agreement and fails to cure such breach within shall have thirty (30) days to remedy a material breach. If the Party attempting to cure any claimed material breach is unable to do so within the allotted thirty (30) day cure period, the Parties agree to submit to arbitration in accordance with Section 9(g) of receipt of prior written notice from such Party thereof. 13.4this Agreement.
Appears in 3 contracts
Samples: Consulting Agreement (Timothy Plan), Consulting Agreement (Timothy Plan), Consulting Agreement (Timothy Plan)
Termination for Breach. Either Party party may terminate this the Agreement by written notice if the other Party materially breaches this Agreement and party fails to cure such any material breach within thirty (30) 30 days of receipt of prior written notice from such Party thereof. 13.4notice.
Appears in 3 contracts
Samples: www.fairfaxcounty.gov, doc.renlearn.com, doc.renlearn.com
Termination for Breach. Either Party may terminate this Agreement if for material breach of the other Party materially breaches terms of this Agreement and fails to cure such breach within thirty (30) upon 20 days of receipt of prior written notice from such Party thereofto the other party. 13.4Such notice shall specify in detail the breech or default claim.
Appears in 3 contracts
Samples: Interlocal Agreement, Interlocal Agreement, Plan Review Services
Termination for Breach. Either Each Party may terminate this Agreement if upon sixty (60) days’ prior written notice to the other Party in the event that the other Party (i) materially breaches this Agreement Agreement, and fails to (ii) does not cure such breach within thirty such sixty (3060) days of receipt of prior written notice from such Party thereof. 13.4day period.
Appears in 3 contracts
Samples: Sourcing Services Agreement – Js Global (SharkNinja, Inc.), Sourcing Services Agreement – Js Global (SharkNinja, Inc.), Sourcing Services Agreement – Js Global
Termination for Breach. Either Party party may terminate this Agreement if Agreement, upon written notice to the other Party, in the event the other Party materially breaches is in material breach of an obligation under this Agreement and fails to cure such breach within thirty (30) days of after receipt of prior written notice from such Party thereof. 13.4.
Appears in 3 contracts
Samples: Marketplace Developer Agreement, Marketplace Developer Agreement, Marketplace Developer Agreement
Termination for Breach. Either Party may terminate this Agreement if upon written notice to the other Party materially breaches in the event the other Party commits any material breach of this Agreement and fails to cure such breach within thirty 30 (30thirty) days of after its receipt of prior written notice from of such Party thereof. 13.4breach.
Appears in 3 contracts
Samples: Purchase and Subscription Services Agreement, Purchase and Subscription Services Agreement Terms and Conditions, Purchase and Subscription Services Agreement Terms and Conditions
Termination for Breach. Either Party party may terminate this Agreement on written notice to the other party if the other Party party materially breaches any of its obligations under this Agreement and fails to cure such breach within thirty sixty (3060) days of receipt of prior following written notice from such Party thereof. 13.4thereof by the terminating party.
Appears in 3 contracts
Samples: Oled Technology License Agreement (Universal Display Corp \Pa\), Oled Technology License Agreement (Universal Display Corp \Pa\), Commercial Supply Agreement (Universal Display Corp \Pa\)
Termination for Breach. Either Party party to this Agreement may terminate this Agreement if in the event the other Party materially breaches this Agreement and fails to does not cure such breach within thirty (30) days of receipt of prior after written notice from such Party thereof. 13.4thereof by the non-breaching party.
Appears in 3 contracts
Samples: Master Services Agreement (Bionano Genomics, Inc.), Master Services Agreement (BioNano Genomics, Inc), Master Services Agreement (BioNano Genomics, Inc)
Termination for Breach. Either Party may may, at its option, terminate this Agreement if in the event of a material breach by the other Party. Such termination may be effected only through a written notice to the breaching Party, specifically identifying the breach or breaches on which such notice of termination is based. The breaching Party materially breaches this Agreement and fails will have a right to cure such breach or breaches within thirty (30) days of receipt of prior written notice from such Party thereof. 13.4notice, and this Agreement will terminate in the event that such cure is not made within such thirty (30)-day period.
Appears in 3 contracts
Samples: Master Service Agreement – Saas Technology, Measurabl Service Terms, Master Saas Agreement (Bridgepoint Education Inc)
Termination for Breach. Either Party party may terminate this Agreement if the other Party party materially breaches a provision of this Agreement and fails to cure such breach within thirty (30) days of receipt of prior written notice from such Party thereof. 13.4describing the breach in reasonable detail.
Appears in 3 contracts
Samples: Sub Grant Agreement, www.istituto-besta.it, www.istituto-besta.it
Termination for Breach. Either Each Party may terminate this Agreement if Agreement, in the event the other Party shall have materially breaches this Agreement breached or defaulted in the performance of any of its material obligations hereunder and fails to cure such breach within thirty (30) shall have continued for [**] days of receipt of prior after written notice from such is given by the non-breaching Party thereof. 13.4to the breaching Party specifying the breach.
Appears in 3 contracts
Samples: License Agreement (Gensight Biologics S.A.), License Agreement (Gensight Biologics), License Agreement (Gensight Biologics)
Termination for Breach. Either Party party may terminate this Agreement if the other Party materially breaches this Agreement and fails to cure such breach within upon not less than thirty (30) days of receipt of days’ prior written notice from to the other party of any material breach hereof by such Party thereof. 13.4other party, provided that such other party has not cured such material breach within such thirty (30) day period.
Appears in 3 contracts
Samples: Wireless Services Agreement (Motricity Inc), Wireless Services Agreement (Motricity Inc), Wireless Services Agreement (Motricity Inc)
Termination for Breach. Either Party may terminate this Agreement if the other Party materially breaches is in material breach of this Agreement and fails to does not cure such breach to the reasonable satisfaction of the non-breaching Party within thirty (30) days of following its receipt of prior written notice of the breach from such Party thereof. 13.4the non-breaching Party, unless otherwise provided for in this Agreement.
Appears in 3 contracts
Samples: Support Agreement (InFinT Acquisition Corp), Support Agreement (InFinT Acquisition Corp), Support Agreement (InFinT Acquisition Corp)
Termination for Breach. Either Party may party shall have the right to terminate this Agreement if the other Party materially breaches party is in material breach of any term or condition of this Agreement and fails to cure remedy such breach within thirty (30) days of after receipt of prior written notice from of such Party thereof. 13.4breach given by the non-breaching party.
Appears in 3 contracts
Samples: Strategic Collaboration Agreement, Strategic Collaboration Agreement (Palmsource Inc), Strategic Collaboration Agreement (Palm Inc)
Termination for Breach. Either Party may terminate this Agreement if in the event the other Party materially breaches commits a material breach of any of the terms or conditions of this Agreement Agreement, and fails to cure remedy such breach within thirty (30) days of after receipt of prior written notice from such notice. The right to terminate for material breach is in addition to any other remedies which a Party thereof. 13.4may have at law or in equity.
Appears in 2 contracts
Samples: Research Agreement, Research Agreement
Termination for Breach. Either If either Party materially breaches any material provision of this Agreement, then the other Party may elect to terminate this Agreement if the other defaulting Party materially breaches this Agreement and fails to cure such the breach within thirty (30) days of receipt of prior written notice from describing such Party thereof. 13.4breach.
Appears in 2 contracts
Samples: Joint Development and License Agreement (Sage Inc/Ca), Joint Development and License Agreement (Sage Inc/Ca)
Termination for Breach. Either Party may terminate this Agreement if upon the failure of the other Party materially breaches this Agreement and fails to cure such correct a material breach of its obligations hereunder within thirty (30) days of receipt of prior after written notice from of such breach is provided by the non-breaching Party thereof. 13.4to the other Party.
Appears in 2 contracts
Samples: Animation Production Services Agreement, Animation Production Services Agreement
Termination for Breach. Either Party If either party fails to comply with the terms and conditions of this agreement, the other party, upon 30 days prior written notice to the breaching party, may terminate this Agreement if agreement with no continuing financial liability to the other Party materially breaches this Agreement and fails to cure such breach within thirty (30) days of receipt of prior written notice from such Party thereof. 13.4non- breaching party.
Appears in 2 contracts
Samples: Science Material Kit Services Agreement, www.woodlandschools.org
Termination for Breach. Either Party may terminate Notwithstanding, this Agreement may be immediately terminated by either party upon written notice to the other party if the other Party materially breaches party is in material breach of this Agreement and fails has failed to cure such breach within thirty (30) days of after its receipt of prior written notice of such breach from such Party thereofthe first party. 13.4In the case of a breach of the confidentiality provisions of this Agreement, the non-breaching party will have the right to immediately terminate this Agreement upon written notice to the other without giving the breaching party the right to cure.
Appears in 2 contracts
Samples: License Agreement (JTH Holding, Inc.), Completetax® Program License Agreement (JTH Holding, Inc.)
Termination for Breach. Either Party may terminate this Agreement if by giving written notice to the other Party materially breaches for any material breach of this Agreement and fails to cure such breach by the other Party that is not cured within thirty (30) days of receipt of prior after written notice from such Party thereofis received by the breaching Party. 13.45.3
Appears in 2 contracts
Termination for Breach. Either Party may terminate this Agreement if at any time in the event that the other Party materially breaches this Agreement and one of its obligations as set out herein. Termination shall take effect if the Party in breach fails to cure remedy such breach within thirty (30) days after the other Party has served notice by registered letter with acknowledgement of receipt of prior written notice from such Party thereof. 13.4receipt.
Appears in 2 contracts
Samples: device.report, End User Licence Agreement
Termination for Breach. Either Party party may terminate this Agreement if upon the other Party materially breaches party's failure to cure a material default under this Agreement and fails to cure such breach within thirty (30) days of receipt of prior written notice from of such Party thereof. 13.4material default.
Appears in 2 contracts
Samples: Software License Agreement (Net Genesis Corp), Software License Agreement (Net Genesis Corp)
Termination for Breach. Either Party may terminate this Agreement if upon written notice to the other Party materially breaches in the event the other Party commits any material breach of this Agreement and fails to cure such breach within 30 (thirty (30) days of after its receipt of prior written notice from of such Party thereof. 13.4breach.
Appears in 2 contracts
Samples: Purchase and Subscription Services Agreement Terms and Conditions, Purchase and Subscription Services Agreement
Termination for Breach. Either Party Notwithstanding the foregoing, either party may terminate this Agreement at any time if the other Party party has materially breaches breached the terms of this Agreement and fails there is a failure to cure such breach within thirty (30) days of after receipt of prior written notice from reasonably describing such Party thereof. 13.4breach.
Appears in 2 contracts
Samples: Billing and Collection Agreement (Quorum Health Corp), Billing and Collection Agreement (Quorum Health Corp)
Termination for Breach. Either Party may terminate this Agreement Agreement, and the rights and licenses granted hereunder, with ninety (90) days prior notice to the other Party if the other Party materially breaches any material provision of this Agreement and fails to cure Agreement, unless the other Party cures such breach within thirty (30) days the period of receipt of prior written notice from such Party thereof. 13.4notice.
Appears in 2 contracts
Samples: License Agreement (ObsEva SA), License Agreement (ObsEva SA)
Termination for Breach. Either Party may terminate this Agreement if the other Party materially breaches is in material breach of any term, condition or provision of this Agreement and fails to cure such breach Agreement, which breach, if capable of being cured, is not cured within thirty (30) days of receipt of prior after the non-breaching Party gives the breaching Party written notice from of such Party thereof. 13.4breach.
Appears in 2 contracts
Samples: Strategic Partnership Agreement (Mathstar Inc), Software Development and Oem License Agreement (Backweb Technologies LTD)
Termination for Breach. Either Party may shall have the right to terminate this Agreement if by written notice to the other Party materially breaches Party, if such other Party, including its Affiliates and sub-licensee(s), (the “breaching Party”) is in material breach of its obligations under this Agreement and fails has failed to cure such breach within ninety (90) days after its receipt of written notice thereof from the non-breaching Party, provided that in the case of breach of any obligation to make payment as and when due hereunder, such cure period shall be thirty (30) days of receipt of prior written notice from such Party thereof. 13.4days.
Appears in 2 contracts
Samples: Collaboration and License Agreement (Sucampo Pharmaceuticals, Inc.), Collaboration and License Agreement (Sucampo Pharmaceuticals, Inc.)
Termination for Breach. Either Party party may terminate this Agreement by written notice to the other party if the other Party materially breaches party is in material breach of any of its material obligations under this Agreement and fails to cure such breach within thirty (30) days of receipt of prior receiving written notice from of such Party thereofbreach, unless such breach is incurable, in which event the non-breaching party may immediately terminate this Agreement. 13.4____________ *** Redacted pursuant to a Confidentiality Request with the United States Securities and Exchange Commission
Appears in 2 contracts
Samples: Marketing Representative Agreement (Propell Corporation.), Marketing Representative Agreement (Propell Corporation.)
Termination for Breach. Either Party may terminate this Agreement if the other Party materially breaches this Agreement any of its duties or obligations hereunder and fails to cure such breach within remains uncured for at least thirty (30) days of receipt of prior after the non-breaching Party gives written notice from of the breach. Any such Party thereof. 13.4termination shall not constitute the sole remedy in the event of a breach.
Appears in 2 contracts
Samples: Collaboration Agreement (Stellar Biotechnologies, Inc.), Collaboration Agreement (Stellar Biotechnologies, Inc.)
Termination for Breach. Either Party party may terminate this Agreement if the other Party materially breaches party is in material breach of this Agreement and fails to cure has not cured such breach within thirty (30) days of receipt of prior receiving written notice from such Party thereof. 13.4specifying the breach.
Appears in 2 contracts
Samples: Terms and Conditions, Software License and Services Agreement
Termination for Breach. Either Party may terminate this Agreement and all outstanding Projects by written notice, effective immediately, if the other Party materially breaches has committed a material breach of this Agreement and fails to cure such breach within thirty (30) days of its receipt of prior written notice from of such Party thereof. 13.4breach.
Appears in 2 contracts
Samples: Joint Development Agreement (LiveWire Group, Inc.), Joint Development Agreement (Harley-Davidson, Inc.)
Termination for Breach. Either Party may terminate this Agreement if immediately by written notice to the other Party materially breaches on or at any time after becoming aware of any failure by the other Party in any material respect to perform or comply with any of the other Party’s obligations under this Agreement and fails Agreement, which (if capable of remedy) is not remedied to cure such breach the reasonable satisfaction of the terminating Party within thirty (30) days Business Days after the service on the other Party of receipt of prior written a notice from such Party thereof. 13.4specifying the breach and requiring it to be remedied.
Appears in 2 contracts
Samples: Licence Agreement (Nuvectis Pharma, Inc.), Licence Agreement (Nuvectis Pharma, Inc.)
Termination for Breach. Either Party may terminate this Agreement immediately upon notice to the other Party if the other Party materially breaches this Agreement Agreement, and fails to cure such breach within remains uncured more than thirty (30) days of after receipt of prior written notice from of such Party thereof. 13.4breach.
Appears in 2 contracts
Samples: Terms and Conditions, Turbo Systems Master Agreement
Termination for Breach. Either Party party may terminate this Agreement on written notice to the other party if the other Party party materially breaches this Agreement and fails to cure such breach within thirty (30) days of receipt of prior following written notice from such Party thereof. 13.4thereof by the terminating party.
Appears in 2 contracts
Samples: Oled Patent License Agreement (Universal Display Corp \Pa\), Oled Patent License Agreement (Universal Display Corp \Pa\)
Termination for Breach. Either This Agreement may be terminated by either Party may terminate this Agreement hereto if the other Party materially breaches this Agreement the terms hereof, and fails such other Party has failed to cure such breach within thirty (30) *** days of receipt of prior written notice from such Party thereof. 13.4the non-breaching Party; provided, that, the cure period with respect to failure to make any payment due to Row 44 hereunder shall be *** days.
Appears in 2 contracts
Samples: System and Services Agreement (Global Eagle Entertainment Inc.), System and Services Agreement (Global Eagle Entertainment Inc.)
Termination for Breach. Either Party may terminate this Agreement by written notice to the other Party if the other Party materially breaches commits a material breach of this Agreement and fails to cure such breach within remains uncured for thirty (30) days of receipt of prior following written notice from such Party thereof. 13.4of breach by the terminating Party; provided, however, that NECS may immediately terminate this Agreement without refund, upon written notice to Customer, in the event that Customer breaches Section 3.2.
Appears in 2 contracts
Samples: Software Terms of Service, Software Terms of Service
Termination for Breach. Either Party may terminate Other than termination for payment obligations set forth in Section 4, this Agreement may be terminated by the non-breaching Party if the other Party materially breaches any material representation, warranty or obligation contained in this Agreement Agreement, and such other Party fails to cure remedy such breach within thirty (30) days of receipt of prior from the date it receives written notice of the breach from such Party thereof. 13.4the non-breaching Party.
Appears in 2 contracts
Samples: Claims Administration Agreement, Third Party Claims Administration Agreement
Termination for Breach. Either This Agreement may be terminated by either Party may terminate this Agreement if when the other Party materially breaches this Agreement its obligations hereunder and fails to cure such breach within thirty ninety (3090) days of receipt of prior written the non-breaching Party’s notice from of such Party thereof. 13.4breach.
Appears in 2 contracts
Samples: www.sec.gov, Juno Therapeutics, Inc.
Termination for Breach. Either Party party may terminate this Agreement by written notice if the other Party materially breaches this Agreement and party fails to cure such any material breach within thirty (30) 30 days of receipt of prior written notice from of such Party thereof. 13.4breach.
Appears in 2 contracts
Samples: Data Acquisition Agreement (Traffic.com, Inc.), Data Acquisition Agreement (Traffic.com, Inc.)
Termination for Breach. Either Party party may terminate this Agreement (including the Statement of Work) if the other Party materially party breaches any material term of this Agreement and and, if curable, fails to cure such breach within thirty (30) days of receipt of prior following written notice thereof from such Party thereof. 13.4the non-breaching party.
Appears in 2 contracts
Samples: Employment Agreement, Employment Agreement (Oncogenex Pharmaceuticals, Inc.)
Termination for Breach. Either If either Party shall, at any time during the Term of this Agreement, breach any obligation under this Agreement, and, if such breach is capable of cure, such breach is not cured within fifteen (15) business days after written notice from the other Party specifying the nature of the breach, the other Party may terminate this Agreement if the other Party materially breaches this Agreement and fails to cure such breach within thirty (30) days of receipt of prior in its entirety upon written notice from of such Party thereof. 13.4termination.
Appears in 2 contracts
Samples: , LLC Opportunity Tester Agreement, Ioxt, LLC Opportunity Tester Agreement
Termination for Breach. Either Party may party shall have the right to terminate this Agreement if for material breach of this Agreement by the other Party materially breaches this Agreement and fails to cure such breach party that is not cured within thirty (30) days of receipt of prior after written notice from such Party thereof. 13.4to the other party is provided.
Appears in 2 contracts
Samples: Iowa Community Services Advocate Services Agreement, Participation Agreement
Termination for Breach. Either Party may terminate this Agreement if the other Party If a party materially breaches this Agreement Agreement, and fails to cure such that breach within thirty (30) 30 days of after receipt of prior written notice from such Party thereof. 13.4the other party may terminate this Agreement.
Appears in 2 contracts
Samples: Confidential Treatment (New Clearwire CORP), Sales Representative Agreement (Clearwire Corp /DE)
Termination for Breach. Either Party may will be entitled to terminate this Agreement if and any then-current Order in the event the other Party materially breaches commits a material breach of this Agreement and fails to cure such breach within thirty (30) days of receipt being notified of prior written notice from such Party thereof. 13.4breach.
Appears in 2 contracts
Samples: Customer Agreement, License Agreement
Termination for Breach. Either Party may terminate this Agreement if the other Party either party materially breaches any representation, term or condition of this Agreement and fails to cure remedy such breach within thirty (30) days of after receipt of prior notice in writing of such material breach from the other Party, the non-breaching Party, may, in addition to any other remedies that such party may have in law or in equity, terminate this Agreement by sending written notice from such Party thereof. 13.4(by registered mail with return receipt/PEC) of termination to the other Party.
Appears in 2 contracts
Samples: Per Service (Clementia Pharmaceuticals Inc.), Clementia Pharmaceuticals Inc.
Termination for Breach. Either Party may terminate this Agreement if in the event that (a) either Party commits a material breach of this Agreement and where such breach is capable of remedy, fails to remedy the breach within 30 days of receiving written notice from the other Party materially breaches this Agreement or (b) the Client’s access has been suspended under Section 10 and fails has not taken the necessary action to cure such breach restore access within thirty a further 23 days. A failure to make payment by the due date of an amount greater than 10% of Fees (30whether singly or in aggregate) days of receipt of prior written notice from such Party thereof. 13.4constitutes a material breach.
Appears in 2 contracts
Samples: Terms of Service Agreement, Terms of Service Agreement
Termination for Breach. Either Party A party may terminate this Agreement immediately on written notice to the other party if the other Party materially breaches party (a) is in material breach of this Agreement and fails to cure such which is not capable of remedy, or if the breach is capable of being remedied, the breach is not remedied within thirty (30) 30 days of receipt of prior written a notice from such Party thereofbeing given to the defaulting party specifying the breach and requiring it to be remedied; or (b) suffers an insolvency event. 13.4In the event we terminate under this clause, you will not be entitled to any refund in Fees.
Appears in 2 contracts
Samples: www.centrix.co.nz, www.centrix.co.nz
Termination for Breach. Either Party This Agreement may terminate be terminated by either ---------------------- party at any time in the event of a material breach of this Agreement if by the other Party materially breaches this Agreement party and fails the failure of the breaching party to fully cure or correct such breach, within 60 days after its receipt of written notice of such breach. Upon receipt of such written notice, the breaching party shall promptly advise the other party in writing of its specific plan to cure such breach within thirty (30) days of receipt of prior written notice from such Party thereof. 13.4breach.
Appears in 2 contracts
Samples: Administrative Services Agreement (Ebenx Inc), Administrative Services Agreement (Ebenx Inc)
Termination for Breach. Either Party may terminate this Agreement if upon 30 days’ prior written notice to the other Party materially in the event that the other Party breaches or fails to fulfill any of its material obligations under this Agreement (including, without limitation, making deliveries of Products within the deadlines specified on any Purchase Order, or providing Products that do not meet the Specifications). However, if during such 30 day notice period the other Party shall have remedied such failure, this Agreement shall continue in full force and fails to cure effect as if such breach within thirty (30) days of receipt of prior written notice from such Party thereof. 13.4failure had not occurred.
Appears in 2 contracts
Samples: Product Supply Agreement (Obagi Medical Products, Inc.), Product Supply Agreement (Obagi Medical Products, Inc.)
Termination for Breach. Either Party party may terminate this the Agreement if the other Party materially party breaches this any material provision of the Agreement and fails to (if such breach is remediable) does not cure such breach within thirty (30) days of receipt of prior after receiving written notice from such Party thereof. 13.4.
Appears in 2 contracts
Samples: End User Licence Agreement, License Agreement
Termination for Breach. Either Party may This Agreement will terminate in the event a ---------------------- party breaches any material term, condition or representation of this Agreement if the other Party materially breaches this Agreement or fails to perform any of its material obligations or undertakings hereunder, and fails to cure remedy such default within forty-five (45) days after being notified by the non-breaching party of such breach within thirty (30) days of receipt of prior written notice from such Party thereof. 13.4or failure.
Appears in 2 contracts
Samples: Distribution Agreement (Bamboo Com Inc), Distribution Agreement (Bamboo Com Inc)
Termination for Breach. Either Party party may terminate this Agreement if by giving written notification to the other Party party if such other party materially breaches this Agreement. Such termination of this Agreement and fails to cure such breach within thirty will take effect if, after ten (3010) days of receipt of prior such written notice from notification, such Party thereof. 13.4breach is not cured.
Appears in 2 contracts
Samples: Consulting Agreement (Orthofix Medical Inc.), Consulting Agreement (Orthofix Medical Inc.)
Termination for Breach. Either Party may terminate this Agreement if Agreement, effective immediately upon written notice to the other Party, for a material breach by the other Party materially breaches of this Agreement and fails to cure such breach within that, if curable, remains uncured for thirty (30) days of receipt of prior after the non-breaching Party first gives written notice from to the other Party of such Party thereof. 13.4breach and its intent to terminate this Agreement if such breach is not cured.
Appears in 2 contracts
Samples: Master Collaboration Agreement (ArcherDX, Inc.), Master Collaboration Agreement (ArcherDX, Inc.)
Termination for Breach. Either Party This Agreement may terminate this Agreement be terminated for cause by either Party, if the other Party materially breaches any material provision of this Agreement and fails to cure such the breach within thirty (30) days of receipt of prior receiving written notice from such Party thereof. 13.4.
Appears in 2 contracts
Samples: Management Services Agreement (Tectonic Financial, Inc.), Management Services Agreement (Tectonic Financial, Inc.)
Termination for Breach. Either Party may is entitled to terminate this Agreement immediately upon written notice to the other Party, if the other Party materially breaches has committed a material breach of its obligations under this Agreement and fails has failed to cure such breach within thirty (30) days of receipt of prior having been provided a written notice from the non-defaulting Party notifying it of such breach and demanding that such breach be cured. If a Party thereof. 13.4elects to terminate this Agreement under this clause, the Termination Date shall be the date on which such termination notice is provided and, on the Termination Date:
Appears in 2 contracts
Samples: Collaboration Agreement (Mogo Inc.), Marketing Collaboration Agreement (Mogo Finance Technology Inc.)
Termination for Breach. Either Party may terminate this Agreement if immediately upon written notice in the event that the other Party materially breaches this Agreement and fails thereafter (i) in the case of material breach resulting from non-payment of amounts due hereunder, has failed to pay such amounts within ten (10) days after receiving written notice thereof; or (ii) has failed to cure any other material breach (or to commence diligent efforts to cure such breach that are reasonably acceptable to the terminating Party) within thirty (30) days of receipt of prior after receiving written notice from such Party thereof. 13.4.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Termination for Breach. Either Party may terminate this Agreement if at any ---------------------- time in the event of a material breach by the other Party materially breaches this Agreement and fails to cure such breach within which remains uncured after thirty (30) days of receipt of prior written notice from such Party thereof. 13.4.
Appears in 1 contract
Samples: Netcenter Services Agreement Cover Sheet (Powerize Com Inc)
Termination for Breach. Either Party party may terminate this Agreement if for a material breach by the other Party materially breaches this Agreement and fails to cure such breach within party that is not cured with thirty (30) days of after receipt of prior written notice from specifying such Party thereof. 13.4breach.
Appears in 1 contract
Samples: Integration and Marketing Agreement (Paperexchange Com Inc)
Termination for Breach. Either Party party may terminate this Agreement on ninety (90) days written notice to the other party, only if the other Party materially breaches party has failed to perform any of its obligations under this Agreement and fails has been given an opportunity to cure such breach within thirty (30) days of receipt of prior written notice from such Party thereof. 13.4failure in accordance with Section 7.2.
Appears in 1 contract
Samples: Technology Transfer Agreement (Headway Technologies Inc)