Common use of Termination for Non-Financial Default Clause in Contracts

Termination for Non-Financial Default. If COMPANY, its AFFILIATES or SUBLICENSEES shall materially breach its obligations under this AGREEMENT, including but not limited to its obligations under Section 3.1(b)(i) or 3.1(b)(ii), and if such breach has not been cured within sixty (60) days (or ninety (90) days with respect to breaches of the obligations in Section 3) after notice by HOSPITAL in writing of such breach, HOSPITAL may immediately terminate any licenses granted hereunder with respect to the country or countries in which such default has occurred at the end of said cure period. HOSPITAL shall also have the right to terminate such licenses immediately upon written notice, in the event of repeated defaults within one calendar year, even if cured within such sixty (60) or ninety (90) day periods, as the case may be.

Termination for Non-Financial Default. If COMPANYCompany, any of its AFFILIATES Affiliates or SUBLICENSEES any Sublicensee shall materially breach default in the performance of any of its other obligations under this AGREEMENTAgreement not otherwise covered by the provisions of Section 10.2 and 10.3, including but not limited to its obligations under Section 3.1(b)(i) or 3.1(b)(ii)diligence benchmarks in accordance with Sections 3.1 and 3.2 above, and if such breach default has not been cured within sixty (60) days (or ninety (90) days with respect to breaches of the obligations in Section 3) after notice by HOSPITAL Hospital in writing of such breachdefault, HOSPITAL Hospital may immediately terminate this Agreement, and/or any licenses license granted hereunder with respect to the country or countries in which such default has occurred occurred, at the end of said sixty (60) day cure period. HOSPITAL Hospital shall also have the right to terminate this Agreement and/or any such licenses immediately license immediately, upon written notice, in the event of three or more repeated defaults within one calendar year, even if cured within such sixty (60) or ninety (90) day periods, as the case may beperiod.