Common use of Termination – Other Clause in Contracts

Termination – Other. Company shall have the right to terminate this Agreement on notice to Consultant (a) for commission of a fraud against Company, provided that Company provides thirty (30) days’ notice to Consultant of the charges of fraud, and Consultant has had the opportunity to respond to such charges, or such longer period as the parties may agree in writing, or (b) upon the material breach of Sections 5, 6, 7 and 8 of this Agreement or, provided that Consultant shall have the right to cure any such material breach within forty-five (45) days from the effective date of notice (as hereinafter provided) from Company to Consultant of such material breach; provided, however, that if such cure cannot be reasonably be effected within such forty-five (45) day period, cure is being diligently prosecuted by Consultant with reasonable prospects for a cure within a commercially reasonable time, but in no event longer than ninety (90) days.