Termination for Performance Default Sample Clauses

Termination for Performance Default. Either Party (the “Non-Defaulting Party”) may terminate this Agreement if the other Party (the “Defaulting Party”) materially breaches its obligations hereunder. Such termination shall be effected by written notice to the Defaulting Party that specifies a termination date at least ninety (90) days following receipt of the notice by the receiving Party, unless agreed otherwise by the Parties. The Defaulting Party shall have ninety (90) calendar days following the receipt of the Non Defaulting Party’s notice of termination to cure, or take reasonable steps to cure, its material breach of its obligations, and seven (7) calendar days following the receipt of the notice of termination to submit a written request to commence the dispute resolution procedures of Article VII of this Agreement. If the Defaulting Party does not cure, or take reasonable steps to cure, the material breach of its obligations within ninety (90) calendar days or provide notice within seven (7) calendar days to commence the dispute resolution procedures following its receipt of the notice of receipt of the notice of termination, the Non-Defaulting Party may terminate this Agreement on the date specified in the notice of termination. The remedy of termination shall not be exclusive of any other rights or remedies, at law or in equity, which may be available to the Non Defaulting Party.