Common use of Termination for Material Breach Clause in Contracts

Termination for Material Breach. Either party may terminate this Agreement and any Order: (i) if the other party is in material breach of any of the terms and conditions of this Agreement and does not cure such material breach within thirty (30) days of receiving notice; or (ii) if the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

Appears in 6 contracts

Samples: Zscaler End User Subscription Agreement, Zscaler End User Subscription Agreement, Subscription Agreement

AutoNDA by SimpleDocs

Termination for Material Breach. Either party In the event of any material breach of this Agreement, the Party claiming breach may terminate this Agreement and any Order: (ieither in whole or with respect to only the Purchase Order Agreements to which the breach relates) if by giving thirty (30) days prior written notice of termination to the other party is in material breach of any of the terms and conditions of Party, except that this Agreement and does will not cure such material terminate if that other Party has cured the breach within thirty (30) days of receiving its receipt of such notice; or (ii) if the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

Appears in 4 contracts

Samples: Terms of Service, Terms of Service, Terms of Service

Termination for Material Breach. Either party 15.2.1 Each Party may terminate this the Agreement and if any Order: (i) if the other party is in Party commits a material breach of any of its obligations under the terms Agreement, and conditions fails to remedy such breach (if such breach is capable of this Agreement and does not cure such material breach remedy) within thirty (30) a period of 90 days of receiving notice; or (ii) if after being notified in writing to do so, without prejudice to any other rights the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsterminating Party may have.

Appears in 4 contracts

Samples: Joint Development and License Agreement (AzurRx BioPharma, Inc.), Joint Development and License Agreement (AzurRx BioPharma, Inc.), Joint Development and License Agreement (AzurRx BioPharma, Inc.)

Termination for Material Breach. Either party Party may terminate this Agreement and any Order: (i) if Agreement, in whole but not in part, in the event that the other party Party is in material breach of any of the terms and conditions of its obligations under this Agreement and does not fails to cure such material breach within thirty (30) days following its receipt of receiving notice; or (ii) if written notice of such material breach from the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsnon-breaching Party.

Appears in 3 contracts

Samples: Transition Services Agreement (Howard Hughes Holdings Inc.), Transition Services Agreement (Seaport Entertainment Group Inc.), Transition Services Agreement (Seaport Entertainment Group Inc.)

Termination for Material Breach. Either If either party materially breaches this Agreement (including any Order Form or Statement of Work), the other party may terminate this Agreement and any Order: (ior, at its option, only the applicable Order Form or Statement of Work that has been materially breached) if the other party is in material breach of any of the terms and conditions of this Agreement and does not cure such material breach within upon thirty (30) days of receiving days’ written notice; or (ii) if , unless the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsbreach is cured within such time.

Appears in 2 contracts

Samples: Master Software License Agreement, Master Software License Agreement

Termination for Material Breach. Either party Party may terminate this Agreement and any Order: (i) if in the event the other party is in Party commits a material breach of any of the terms this Agreement, including, without limitation, a Supply Failure, and conditions of this Agreement and does has not cure cured such material breach within thirty (30) days of receiving notice; or (ii) if 30 days’ written notice thereof from the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsnon-breaching Party.

Appears in 2 contracts

Samples: Supply Agreement (Braeburn Pharmaceuticals, Inc.), Supply Agreement (Braeburn Pharmaceuticals, Inc.)

Termination for Material Breach. Either party Party may terminate this Agreement and any Order: (i) or one or more Order Forms if the other party is in Party does not cure its material breach of any of the terms and conditions of this Agreement and does not cure such material breach or the applicable Order Form(s) within thirty (30) 30 days of receiving notice; or (ii) if written notice of the other party becomes material breach from the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsnon-breaching Party.

Appears in 2 contracts

Samples: Professional Services Agreement, Master Customer Agreement

Termination for Material Breach. Either party Party may terminate this Agreement and for any Order: (i) if the other party is in material breach of any of the terms and conditions of this Agreement and does by the other Party, if such breach is not cure such material breach cured within thirty (30) days after the non-breaching Party delivers notice of receiving notice; or (ii) if such breach to the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsbreaching Party.

Appears in 1 contract

Samples: Terms and Conditions

Termination for Material Breach. Either party This Agreement may terminate this Agreement and any Order: (i) be terminated by either Party if the other party is in Party has committed a material breach of any of the terms and conditions of this Agreement and does not cure has failed to remedy such material breach within thirty (30) days of receiving notice; or (ii) if the other party becomes the subject Business Days following receipt of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for written notice of such breach from the benefit of creditorsnon-breaching Party.

Appears in 1 contract

Samples: Clinical Manufacturing Agreement (XBiotech Inc.)

Termination for Material Breach. Either party may terminate this Agreement and and/or any Order: Order (i) if the other party is in material breach of breaches any of the terms and conditions of this Agreement and does not cure such material breach within thirty (30) days of receiving noticenotice of such breach; or (ii) if the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

Appears in 1 contract

Samples: Wellnesssselfscan Subscription Agreement

Termination for Material Breach. Either party may terminate this Agreement and at any Order: (i) time if the other party is in commits a material breach of any of the material terms and or conditions of this Agreement and does not cure fails to remedy such material breach within thirty (30) days of after receiving notice; or (ii) if written notice from the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorssuch breach.

Appears in 1 contract

Samples: Borealis Sp Agreement (Borealis Technology Corp)

Termination for Material Breach. Either A party may terminate this Agreement and any Orderfor Material Breach: (i) if upon 30 calendar days written notice to the other party is which notice explains in detail the basis for the claim of a material breach of any of the terms and conditions of this Agreement and does not cure breach, if such material breach within thirty (30) days described in such notice remains uncured at the expiration of receiving notice; such period, or (ii) immediately without notice if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

Appears in 1 contract

Samples: Unified Renigma Terms of Service

Termination for Material Breach. Either party may terminate this Agreement agreement and any Order: (i) the applicable orders if the other party is in material breach of breaches any term of the terms and conditions of this Agreement agreement or an order and does not cure such material the breach within thirty (30) 30 days of receiving notice; or receipt of notice of breach. • Additional terms are in the Term, Termination and Return of Data FAQ page (ii) if the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment which is incorporated into this agreement for the benefit of creditorsall purposes).

Appears in 1 contract

Samples: Terms of Service

Termination for Material Breach. Either party may terminate this Agreement and any Order: (i) if the other party is in material breach of any of the terms and conditions of this Agreement and does not cure such material breach within thirty (30) days of receiving notice; or (ii) if the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.thirty

Appears in 1 contract

Samples: End User Subscription Agreement

AutoNDA by SimpleDocs

Termination for Material Breach. Either If either party breaches in any material respect any of its material obligations under this Agreement, in addition to any other right or remedy, the non-breaching party may terminate this Agreement and any Order: in the event that the breach is not cured within ninety days (ior thirty days if regarding the payment of monies hereunder) if the other after receipt by such party is in material breach of any written notice of the terms and conditions of this Agreement and does not cure such material breach within thirty (30) days of receiving notice; or (ii) if the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsbreach.

Appears in 1 contract

Samples: Foghorn Therapeutics Inc.

Termination for Material Breach. Either party may terminate this Agreement and at any Order: (i) if time in the event that the other party is in material breach of any of the terms and conditions material provision of this Agreement and does not fails to cure such material breach within thirty (30) days following receipt of receiving notice; or (ii) if written notice from the other non-breaching party becomes of such breach, with such termination to be effective immediately upon written notice to the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsbreaching party.

Appears in 1 contract

Samples: Consulting Agreement (Net 1 Ueps Technologies Inc)

Termination for Material Breach. (i) Either party Party may terminate this Agreement and any Order: (i) if Agreement, or on a Product-by- Product basis, for the other party is in material breach of any of the terms and conditions of this Agreement and does not cure by the other Party, if such breach remains uncured ninety (90) days following written notice from the non- breaching Party to the breaching Party specifying such material breach within thirty (30) days of receiving notice; or (ii) if the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsbreach.

Appears in 1 contract

Samples: Collaboration Agreement

Termination for Material Breach. Either party Party may terminate this Agreement and (including any Order: (iapplicable Order Forms) if the other party is in material breach of Party materially breaches any of the terms and conditions provision of this Agreement and does not fails to cure such material that breach within thirty (30) 30 days of receiving notice; or (ii) if the other party becomes the subject breaching Party’s receipt of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorswritten notice thereof.

Appears in 1 contract

Samples: Master Services Agreement

Termination for Material Breach. Either party may terminate this Agreement and any Order: (i) if agreement upon a material breach by the other party is in material breach of any one or more of the terms and conditions of this Agreement and does not cure such material agreement, provided the party in breach within thirty (30) days of receiving notice; or (ii) if is notified in writing by the other party becomes of the subject material breach and such breach is not cured or a satisfactory resolution agreed upon in writing within 30 days of a petition such notice. Despite anything contained in bankruptcy this agreement, KNOWALL shall have the right to terminate this agreement without notice if Customer breaches clause 2 or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsclause 3.

Appears in 1 contract

Samples: Licensing Agreement

Termination for Material Breach. 33.1 Either party Party may terminate this Agreement and any Order: for cause upon sixty (i60) days prior written notice if (a) the other party is in material breach of any of the terms and conditions of Party materially breaches this Agreement or defaults on its obligations and does not fails to cure such material breach within thirty or default during such sixty (3060) days of receiving notice; or (ii) if the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.day period,

Appears in 1 contract

Samples: Interconnection Agreement

Termination for Material Breach. Either party may terminate this Agreement and any Order: Order (i) if the other party is in material breach of breaches any of the terms and conditions of this Agreement and does not cure such material breach within thirty (30) days of receiving noticenotice of such breach; or (ii) if the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

Appears in 1 contract

Samples: Zscaler End User Subscription Agreement

Termination for Material Breach. Either party In addition to any other rights or remedies available at law or in equity, a Party may terminate this Agreement and any every Purchase Order: (i) if , upon written notice, upon the occurrence of a material breach by the other party is in material breach of any of the terms and conditions Party of this Agreement and does that is not cure such material breach cured within thirty forty five (3045) days of receiving notice; or (ii) if the other party becomes the subject receipt of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorswritten notice thereof.

Appears in 1 contract

Samples: Distribution Agreement (Emulate Therapeutics, Inc.)

Termination for Material Breach. Either party This Agreement may terminate this Agreement and any Order: (i) if be terminated by either Party in the event that the other party is Party breaches, in any material breach of respect, any of the terms and conditions provision of this Agreement and does not cure fails to remedy such material breach within thirty (30) days of receiving notice; or (ii) if receipt of written notice from the other party becomes the subject Party of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorssuch breach.

Appears in 1 contract

Samples: Transition Agreement (NorthStar Realty Europe Corp.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!