Termination for Uncured Material Breach. If a Party has given notice of a material breach under Section 9.3.1 above, and the other Party agrees or admits that it materially breached (or otherwise does not dispute that such breach occurred), or is held under the dispute resolution provisions to have materially breached, the Agreement, and such other Party does not cure such breach, if potentially curable, within the time period for cure as provided in Section 9.3.1 (or, if such breach cannot be rectified within such period, if such Party does not commence actions to rectify such breach within such period and thereafter diligently pursue such actions), then the non-breaching Party may terminate this Agreement solely with respect to the Product or country or countries to which such material breach relates (provided that if such termination is with respect to any country in the EU, it shall be with respect to all of the EU).
Appears in 4 contracts
Samples: Exclusive License and Collaborative Research, Co Development and Commercialization Agreement (Ambit Biosciences Corp), Exclusive License and Collaborative Research, Co Development and Commercialization Agreement (Ambit Biosciences Corp), Exclusive License and Collaborative Research, Co Development and Commercialization Agreement (Ambit Biosciences Corp)