Termination for Failure to Commercialize Sample Clauses

Termination for Failure to Commercialize. CIMA may terminate this Agreement on a Region-by-Region basis for Alamo’s failure to commercialize the Product in that Region in accordance with Section 2.1(c) of this Agreement.
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Termination for Failure to Commercialize. If Licensee fails to achieve any of the milestones described in Section 4.2 in a timely manner, Rutgers shall have the right and option to give written notice of such default (“Notice of Default”) to Licensee. If Licensee fails to achieve the milestone requirements within sixty (60) days of receipt of the Notice of Default, Rutgers shall have the right but not the obligation to terminate this Agreement and the licenses herein by sending a second written notice (“Notice of Termination”) to Licensee. This Agreement shall automatically terminate on the effective date of the Notice of Termination.
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Termination for Failure to Commercialize. Seller may terminate this Agreement immediately if the First Commercial Sale does not occur within six months following the Effective Date of this Agreement.
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Termination for Failure to Commercialize. Beginning [**] years ---------------------------------------- after availability of the Luminex100 System, if at any time BIO-RAD is not marketing, selling or distributing one or more Kits for an application within each of the Fields, LUMINEX may terminate the Agreement with respect to those Fields in which BIO-RAD is not marketing, selling or distributing by written notice to BIO-RAD. In the event of such termination under this Section 8.3, the Advance shall become non-refundable. If BIO-RAD has not made commercially available Kits incorporating Magnetic Beads in each of the Fields within [**] years of the Effective Date plus any extension of time necessary to produce Magnetic Beads reasonably acceptable to BIO-RAD, LUMINEX may terminate [**] by written notice to BIO-RAD.
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Termination for Failure to Commercialize. 5.8.1 At the time of [CONFIDENTIAL TREATMENT REQUESTED] in respect of a Licensed Product in the ONO Territory, any licenses granted to ONO by TREGA pursuant to Section 5.2 under the TREGA Technology related to any other Research Lead Compounds which have not been actively developed for purposes of [CONFIDENTIAL TREATMENT REQUESTED] in the ONO Territory for CONFIDENTIAL TREATMENT REQUESTED more than [CONFIDENTIAL TREATMENT REQUESTED] months shall revert to TREGA automatically without further action by TREGA. At the time of [CONFIDENTIAL TREATMENT REQUESTED], ONO shall inform TREGA as to which Research Lead Compounds there has been no such activity for a period of [CONFIDENTIAL TREATMENT REQUESTED] months. Further, if at any time ONO suspends development of all Research Lead Compounds for a period of at least [CONFIDENTIAL TREATMENT REQUESTED] months without any reasonable justification which is acceptable to TREGA, all licenses granted to ONO pursuant to Section 5.2 shall revert to TREGA automatically without further action by TREGA. 5.8.2 At the time of [CONFIDENTIAL TREATMENT REQUESTED] in respect of a Licensed Product in the TREGA Territory, any licenses granted to TREGA by ONO pursuant to Section 5.4 under the ONO Technology related to any other Research Lead Compounds which have not been actively developed for purposes of [CONFIDENTIAL TREATMENT REQUESTED] in the TREGA Territory for more than [CONFIDENTIAL TREATMENT REQUESTED] months shall revert automatically to ONO without further action by ONO. At the time of any NDA filing, TREGA shall inform ONO as to which Research Lead Compounds there has been no such activity for a period of [CONFIDENTIAL TREATMENT REQUESTED] months. Further, if at any time TREGA suspends development of all Research Lead Compounds derived from ONO Libraries for a period of at least [CONFIDENTIAL TREATMENT REQUESTED] months without any reasonable justification which is acceptable to ONO, all licenses granted to TREGA pursuant to Section 5.4 to ONO Libraries shall revert to ONO automatically without further action by ONO.
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Termination for Failure to Commercialize a Kit within a Field. If TM fails to meet all the terms and conditions of Section 2.2 regarding commercialization in Field Two, then Luminex, at its sole discretion, may terminate the license to Field Two by providing TM with sixty (60) days prior written notice of its intent to terminate. The license to Field Two granted herein shall terminate upon the expiration of such sixty (60) day notice period unless TM complies with Section 2.2 during such termination notice period.
Sample 1

Related to Termination for Failure to Commercialize

  • Termination for Material Breach If either Party (the “Non-Breaching Party”) believes that the other Party (the “Breaching Party”) has materially breached one or more of its obligations under this Agreement, then the Non-Breaching Party may deliver notice of such material breach to the Breaching Party specifying the nature of the alleged breach in reasonable detail (a “Default Notice”). Thereafter, the Non-Breaching Party shall have the right to terminate this Agreement if the breach asserted in such Default Notice has not been cured within sixty (60) days after such Default Notice. Notwithstanding the foregoing, (i) if such material breach, by its nature, cannot be remedied within such sixty (60) day cure period, but can be remedied over a longer period not expected to exceed one hundred and fifty (150) days, then such sixty (60) day period shall be extended for up to an additional ninety (90) days provided that the Breaching Party provides the Non-Breaching Party with a reasonable written plan for curing such material breach and uses Commercially Reasonable Efforts to cure such material breach in accordance with such written plan and (ii) if such material breach cannot be cured, but the effects of such material breach are not such that the Non-Breaching Party would be deprived of the material benefits the Non-Breaching Party would reasonably be expected to derive from this Agreement in the absence of such material breach, then the Non-Breaching Party shall not be entitled to terminate this Agreement on the basis of such material breach unless the Breaching Party has previously committed a substantially similar material breach of this Agreement. For clarity, a breach of Section 3.2.3 of this Agreement shall not, notwithstanding anything herein, fall within the exception in subpart (ii) of the immediately preceding sentence.

  • Termination for Failure to Pay If Company fails to make any payment due hereunder, Hospital shall have the right to terminate this Agreement upon ten (10) business days written notice, unless Company makes such payments plus any interest due, as set forth in Section 4.7, within said ten (10) day notice period. If payments are not made, Hospital may immediately terminate this Agreement at the end of said ten (10) day period. Company shall be entitled to only one such cure period in a calendar year; for a second failure to make payment on time, Hospital shall have the right to terminate this Agreement immediately upon written notice.

  • Termination for fault 19.3.1 The Commonwealth may terminate this Agreement by notice where the Grantee has: (a) failed to comply with an obligation under this Agreement and the Commonwealth believes that the non‐compliance is incapable of remedy or where clause 19.2.2(b) applies; (b) provided false or misleading statements in relation to the Grant; or (c) become bankrupt or insolvent, entered into a scheme of arrangement with creditors, or come under any form of external administration. 19.3.2 The Grantee agrees, on receipt of the notice of termination, to: (a) stop the performance of the Grantee’s obligations; (b) take all available steps to minimise loss resulting from the termination; and (c) report on, and return any part of the Grant to the Commonwealth, or otherwise deal with the Grant, as directed by the Commonwealth.

  • Termination for Force Majeure 15.5.1. The License Agreement may be terminated for Force Majeure Reasons as specified in Article -14.

  • Termination for continuing Force Majeure Event Either Party may, by written notice to the other, terminate this Framework Agreement if a Force Majeure Event endures for a continuous period of more than one hundred and twenty (120) Working Days.

  • Termination Notice for Force Majeure Event 21.7.1 If a Force Majeure Event subsists for a period of 60 (sixty) days or more within a continuous period of 120 (one hundred and twenty) days, either Party may in its discretion terminate this Agreement by issuing a Termination Notice to the other Party without being liable in any manner whatsoever, save as provided in this Article 21, and upon issue of such Termination Notice, this Agreement shall, notwithstanding anything to the contrary contained herein, stand terminated forthwith; provided that before issuing such Termination Notice, the Party intending to issue the Termination Notice shall inform the other Party of such intention and grant 15 (fifteen) days time to make a representation, and may after the expiry of such 15 (fifteen) days period, whether or not it is in receipt of such representation, in its sole discretion issue the Termination Notice.

  • Termination for Market Change (a) In the event of delay or interruption under B8.33, exceeding 90 days, and Contract has not been modified to include replacement timber, this contract may be terminated upon election and written notice by Purchaser, if (i) a rate redetermination for market change under B3.33 shows that the appraised weighted average Indicated Advertised Rate of all Included Timber remaining immediately prior to the delay or interruption has been reduced through a market change by an amount equal to or more than the the weighted average Current Contract Rate, or (ii) the appraised value of the remaining timber is insufficient to cover the adjusted base rates as determined under B3.33.

  • TERMINATION BY MPS - BREACH BY CONTRACTOR If Contractor fails to fulfill its obligations under this Contract in a timely or proper manner, or violates any of its provisions, MPS shall thereupon have the right to terminate it by giving five (5) days written notice before the effective date of termination of the Contract, specifying the alleged violations, and effective date of termination. The Contract shall not be terminated if, upon receipt of the notice, Contractor promptly cures the alleged violation with five (5) days. In the event of termination, MPS will only be liable for services rendered through the date of termination and not for the uncompleted portion, or for any materials or services purchased or paid for by Contractor for use in completing the Contract.

  • BREACH; TERMINATION In the event that (1) the Implementing Party is not able or fails to provide a Project(s) as required by the Agreement; or (2) GoTriangle is not able or fails to provide funding for a Project(s) as required by the Agreement; or (3) GoTriangle fails to fulfill its responsibilities and duties as set out in the Governance XXX; or (4) any Party fails to fulfill a responsibility or duty of this Agreement; or (5) any Party withdraws from the Master Participation Agreement (separately each a “breach”), any Party to this Agreement shall notify the Clerk to the TPAC Committee and the other Parties to this Agreement. The Non-Breaching party may place the item on a TPAC agenda for discussion and a non-binding recommendation to the Parties. The Non-breaching Party may provide the Breaching Party with a period of time to cure the breach to the reasonable satisfaction of the Non-breaching Party. If the breach is not timely cured, or cannot be cured, the Non-breaching Party may (1) elect to terminate this Agreement in full; or (2) elect to terminate this Agreement only as to one or more Projects listed in Exhibit A. In the event of breach of this Agreement, the Parties shall be entitled to such legal or equitable remedy as may be available, including specific performance. In the event the Agreement is terminated for any reason other than by the end of the Term of the Agreement: (a) The Implementing Party shall not be required to continue implementing the Projects, but may elect to continue implementing the Projects using funds from sources other than the Wake Transit Tax. (b) GoTriangle shall reimburse the Implementing Party for any expenses for the Projects that have been approved in the annual work plan and made in reliance on this Agreement, whether or not a Reimbursement Request has been made by Implementing Party at the time of termination. The Implementing Party shall have sixty (60) days after the date of termination to submit all Reimbursement Requests. (c) The Implementing Party shall report the final status for its deliverable and GoTriangle shall do a final quarterly report and shall issue the annual report required by this Agreement.

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.

Most Referenced Clauses

Most Referenced Definitions