Common use of Termination Upon Breach Clause in Contracts

Termination Upon Breach. Notwithstanding Section 5.1, this Agreement may be terminated by either party upon written notice to the other party, in the event the other party materially breaches any obligation hereunder and the breaching party fails to cure within 30 days after written notice of the breach.

Appears in 6 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

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Termination Upon Breach. Notwithstanding Section 5.1, Each party shall have the right to terminate this Agreement may be terminated by either provided (i) such party upon written provides sixty (60) days prior notice to the other party, in the event ; (ii) the other party materially breaches is in a material breach of any obligation hereunder of the terms of this Agreement; and (iii) the prior breach is not cured within such sixty (60) day period. Any such notice shall provide, in reasonable detail, a description of the alleged breach and the breaching party fails to requested cure within 30 days after written notice of the that breach.

Appears in 2 contracts

Samples: License and Distribution Agreement (Network 1 Security Solutions Inc), Assignment Agreement (Network 1 Security Solutions Inc)

Termination Upon Breach. Notwithstanding Section 5.1Either Party may, at its option, terminate this Agreement in the event of a material breach by the other Party. Such termination may be terminated by either party upon effected only through a written notice to the other partybreaching Party, specifically identifying the breach or breaches on which such notice of termination is based. The breaching Party will have a right to cure such breach or breaches within sixty (60) days of receipt of such notice, and this Agreement will only terminate pursuant to this Section 12.3 in the event the other party materially breaches any obligation hereunder and the breaching party fails to that such cure is not made within 30 days after written notice of the breachsuch sixty (60)-day period.

Appears in 2 contracts

Samples: Manufacturing and Supply Agreement (Isoray, Inc.), Manufacturing and Supply Agreement (IsoRay, Inc.)

Termination Upon Breach. Notwithstanding Section 5.1, Each party shall have the right to terminate this Agreement may be terminated by either provided (i) such party upon written provides thirty (30) days prior notice to the other party, in the event ; (ii) the other party materially breaches is in a material breach of any obligation hereunder of the terms of this Agreement; and (iii) the prior breach is not cured within such thirty (30) day period. Any such notice shall provide, in reasonable detail, a description of the alleged breach and the breaching party fails to requested cure within 30 days after written notice of the that breach.

Appears in 2 contracts

Samples: Software Distribution Agreement (Network 1 Security Solutions Inc), Software Distribution Agreement (Network 1 Security Solutions Inc)

Termination Upon Breach. Notwithstanding Section 5.1Prior to the First Closing, if any party shall be in material breach hereunder (understood to mean a breach which would allow one or more of the other parties to decline to close), and such breach shall not have been cured within 30 days of written notice thereof, then any party who shall be entitled to decline to close shall be entitled to terminate this Agreement may be terminated by either party upon written notice to the other party, in the event the other party materially breaches any obligation hereunder and the breaching party fails to cure within 30 days after written notice of the breachparties hereto.

Appears in 1 contract

Samples: Investment Agreement (Motient Corp)

Termination Upon Breach. Notwithstanding Section 5.11.1, this Agreement may be terminated by either party upon written notice to the other party, party in the event that the other party receiving notice materially breaches any obligation hereunder this Agreement or the Retirement Agreement and the breaching party fails to cure such breach within 30 10 days after written notice of the such breach.

Appears in 1 contract

Samples: Consulting Agreement (Wal Mart Stores Inc)

Termination Upon Breach. Notwithstanding Section 5.1, Either party may terminate this Agreement may be terminated by either party upon 30 days written notice to the other party, in party upon the event material breach by the other party materially breaches of any obligation hereunder and of its material representations, warranties, covenants or agreements contained in this Agreement. Upon the breaching party fails to cure within 30 days after written expiration of such notice period, this Agreement shall terminate without the need for further action by either party; provided however, that if the breach upon which such notice of the breach.termination is based shall:

Appears in 1 contract

Samples: Manufacturing, Marketing and Distribution Agreement (DM Products, Inc.)

Termination Upon Breach. Notwithstanding Section 5.1, Either Party may terminate this Agreement may be terminated by either party upon written notice to the other party, in the event that the other party materially Party breaches any obligation hereunder this Agreement and the breaching party fails to cure such breach to the non-breaching Party’s satisfaction within 30 days after receipt by the breaching Party of written notice of specifying the breach, subject to Section 6(d).

Appears in 1 contract

Samples: Exclusive Manufacturing Agreement (Xelr8 Holdings, Inc.)

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Termination Upon Breach. Notwithstanding Section 5.1Either party may terminate this agreement and, this Agreement in addition to all other rights and remedies it may have under law or equity, be terminated by either party upon written notice to the other partyrelieved of all further obligations hereunder, in the event of a material breach of the agreement by the other party materially breaches any obligation hereunder and if the breaching party fails to cure breach is not cured within 30 thirty (30) days after written from receipt of notice of the such breach.

Appears in 1 contract

Samples: Telecommuting Agreement

Termination Upon Breach. Notwithstanding Section 5.1, Either party may terminate this Agreement may be terminated by either party upon 30 days written notice to the other party, in party upon the event material breach by the other party materially breaches of any obligation hereunder and of its material representations, warranties, covenants or agreements contained in this Agreement. Upon the breaching party fails to cure within 30 days after written expiration of such notice period, this Agreement shall terminate without the need for further action by either party; provided, however, that if the breach upon which such notice of the breach.termination is based shall:

Appears in 1 contract

Samples: Manufacturing, Marketing and Distribution Agreement (DM Products, Inc.)

Termination Upon Breach. Notwithstanding Section 5.1If there exists a material breach by either party, the other party may terminate this Agreement may be terminated by either party upon providing sixty (60) days prior written notice to the other partybreaching party of such intent to terminate, in which notice must specify the event the other party materially breaches any obligation hereunder and material breach; provided, however, that such termination shall not be effective if the breaching party fails to cure cures the material breach identified within 30 days after written notice of the breachsuch sixty (60) day period.

Appears in 1 contract

Samples: Custodian Agreement (Nelnet Inc)

Termination Upon Breach. Notwithstanding Section 5.1, this This Agreement may be terminated by either party upon by giving thirty (30) days written notice to the other party, in the event of a breach by such other party of its obligations hereunder. Any such termination shall be effective if the other party materially breaches any obligation hereunder and the breaching party fails has failed to cure the breach within 30 thirty (30) days after following receipt of such written notice of the breachnotice.

Appears in 1 contract

Samples: Value Behavioral

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