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: End User Subscription Agreement, End User Subscription Agreement, End User Subscription Agreement
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 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 In the event that either party may terminate materially breaches any of its obligations under 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 shall fail to remedy such material breach default within thirty (30) days after written notice thereof, the party not in default shall have the option of receiving notice; or (ii) if terminating this Agreement by giving written notice of termination with an immediate effect 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 creditorsdefaulting party.
Appears in 3 contracts
Samples: Research and Development Collaboration Agreement (Atara Biotherapeutics, Inc.), Research and Development Collaboration Agreement (Atara Biotherapeutics, Inc.), Research and Development Collaboration Agreement (Atara Biotherapeutics, Inc.)
Termination for Material Breach. Either party may may, at its option, terminate this Agreement and any Order: (i) upon written notice to the other party if the other party is in material breach of materially breaches any of the terms and conditions of this Agreement and does not cure if such material breach has not been cured within thirty (30) days of receiving notice; or (ii) if after written notice 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 creditorsparty.
Appears in 2 contracts
Samples: Hosting License Agreement (Corio Inc), Hosting License Agreement (Corio 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 fifteen (3015) 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 2 contracts
Samples: Separation and Release of Claims Agreement, Separation and Release of Claims Agreement (Net 1 Ueps Technologies Inc)
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: Service Provider/Professional Services Agreement, Master Customer 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: North American Solution Provider 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: 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
Termination for Material Breach. Either party Party may terminate this Agreement and any Order: immediately by a written notice to the other Party
(i) in the event of a material breach by the other Party, by a written notice immediately, if the other party breach is in material not curable and by a written notice of 30 days, if the breach of any of is curable and is not cured within the terms and conditions of this Agreement and does not cure such material breach within thirty (30) days of receiving noticesaid notice period; or (ii) if in the event of any proceedings in bankruptcy, insolvency or winding up filed by or against the other party becomes Party or for the subject appointment of a petition in bankruptcy an assignee or any proceeding relating to insolvency, receivership, liquidation or assignment equivalent for the benefit of creditorscreditors or of a receiver or of any similar proceedings.
Appears in 1 contract
Samples: Services Agreements
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 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 1 contract
Samples: End User Subscription 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: 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: End User Subscription Agreement
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
Termination for Material Breach. Either party may terminate this Agreement and or the provision of any Order: (i) Service if the other party is in material breach of materially breaches any of the terms and conditions term of this Agreement and does not cure such material breach within thirty (30) days immediately after providing written notice of receiving notice; or (ii) if termination to the other party becomes and, in the subject event of termination due to a petition material breach that is curable, after providing not less than 20 days to cure such breach as specified in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorssuch notice.
Appears in 1 contract
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.)
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
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. Either This Agreement shall be subject to termination by either party may terminate this Agreement and any Order: (i) if in the event of a material breach hereof by the other party with respect to its obligations, which breach is not cured within sixty (60) days (or, in material breach the case of any of the terms and conditions of this Agreement and does not cure such material breach within a payment default, thirty (30) days of receiving notice; or (iidays) if following written Notice thereof by 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 1 contract
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
Termination for Material Breach. Either party may terminate this Agreement and Agreement, at any Order: (i) time, by giving the other written notice if the other party is in material breach of party:
(a) materially breaches any of the terms and conditions term of this Agreement and does it is not cure such material breach within thirty possible to remedy that breach;
(30b) days materially breaches any term of receiving notice; or (ii) if this Agreement and it is possible to remedy that breach, but the other party becomes the subject fails to do so within 30 calendar days of a petition being requested in bankruptcy writing to do so; or
(c) suffers or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsundergoes an Insolvency Event (where permitted under applicable law).
Appears in 1 contract
Samples: Software Agreement
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: Subscription Agreement