Common use of Termination Upon Breach Clause in Contracts

Termination Upon Breach. Either Party may terminate this Agreement upon not less than sixty (60) days prior written notice to the other Party upon the material breach or default by the other Party of any of its representations, warranties, covenants or agreements (provided, however, that such notice period shall be extended by such additional period as the breaching Party may request upon the breaching Party’s written certification that (i) such breach is reasonably capable of being cured within the period of the proposed extension, but not within such sixty (60) day period and (ii) it has commenced and is diligently pursuing efforts to cure such breach). Upon the 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 termination is based shall have been fully cured to the reasonable satisfaction of the non-breaching Party within such notice period, then such notice of termination shall be deemed rescinded, and this Agreement shall be deemed reinstated and in full force and effect. Such right of termination shall be in addition to such other rights and remedies specified in this Agreement and as provided by law. For greater certainty, any breach or default (material or otherwise) by a Party under any other agreement between the Parties (other than the Quality Agreement) shall not entitle the other Party to terminate this Agreement.

Appears in 3 contracts

Samples: Manufacturing and Supply Agreement (Dance Biopharm, Inc.), Manufacturing and Supply Agreement (Dance Biopharm, Inc.), Manufacturing and Supply Agreement (Dance Biopharm, Inc.)

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Termination Upon Breach. Either Party may terminate this Agreement upon not less than sixty thirty (6030) days prior written notice to the other Party upon the material breach or default by the other Party of any of its representations, warranties, covenants or agreements agreements, which breach or default is not cured within thirty (30) days after the date of such notice (provided, however, that such notice cure period shall be extended by such additional period as the breaching Party may request upon the breaching Party’s written certification that (i) such breach is not reasonably capable of being cured within the period of the proposed extension, but not within such sixty thirty (6030) day period and (ii) it has commenced and is diligently pursuing efforts to cure such breach). Upon the expiration of such notice cure 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 termination is based shall have been fully cured to the reasonable satisfaction of the non-breaching Party within such notice cure period, then such notice of termination shall be deemed rescinded, and this Agreement shall be deemed reinstated and in full force and effect. Such right of termination shall be in addition to such other rights and remedies specified in this Agreement and as provided by law. For greater certainty, any breach or default (material or otherwise) by a Party under any other agreement between the Parties (other than the Quality Agreement) shall not entitle the other Party to terminate this Agreement.

Appears in 2 contracts

Samples: Manufacturing and Supply Agreement, Manufacturing and Supply Agreement (Horizon Pharma, Inc.)

Termination Upon Breach. Either Party may terminate this Agreement upon not less than sixty (60) days prior written notice to the other Party upon the material breach or default by the other Party of any of its representations, warranties, covenants or agreements (provided, however, that such notice period shall be extended by such additional period as the breaching Party may request upon the breaching Party’s written certification that (i) such breach is reasonably capable of being cured within the period of the proposed extension, but not within such sixty (60) day period and (ii) it has commenced and is diligently pursuing efforts to cure such breach). Upon the 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 termination is based shall have been fully cured to the reasonable satisfaction of the non-breaching Party within such notice period, then such notice of termination shall be deemed rescinded, and this Agreement shall be deemed reinstated and in full force and effect. Such right of termination shall be in addition to such other rights and remedies specified in this Agreement and as provided by law. For greater certainty, any breach or default (material or otherwise) by a Party under any other agreement between the Parties (other than the Quality Agreement) shall not entitle the other Party to terminate this Agreement.. MANUFACTURING AND SUPPLY AGREEMENT PAGE 12

Appears in 1 contract

Samples: Supply Agreement

Termination Upon Breach. Either Party may terminate this Agreement upon not less than sixty thirty (6030) days prior written notice to the other Party upon the material breach or default by the other Party of any of its representations, warranties, covenants or agreements (provided, however, that such notice period shall be extended by such additional period as the breaching Party may request upon the breaching Party’s written certification that (i) such breach is reasonably capable of being cured within the period of the proposed extension, but not within such sixty thirty (6030) day period and (ii) it has commenced and is diligently pursuing efforts to cure such breach). Upon the 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 termination is based shall have been fully cured to the reasonable satisfaction of the non-breaching Party within such notice period, then such notice of termination shall be deemed rescinded, and this Agreement shall be deemed reinstated and in full force and effect. Such right of termination shall be in addition to such other rights and remedies specified in this Agreement and as provided by law. For greater certainty, any breach or default (material or otherwise) by a Party under any other agreement between the Parties (other than the Quality Agreement) shall not entitle the other Party to terminate this Agreement.

Appears in 1 contract

Samples: Manufacturing and Supply Agreement (Oramed Pharmaceuticals Inc.)

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Termination Upon Breach. Either Party may terminate this Agreement upon not less than sixty ninety (6090) days days’ prior written notice to the other Party upon the material breach or default by the other Party of any of its representations, warranties, covenants or agreements (provided, however, that such notice period shall be extended by such additional period as the breaching Party may request request, not exceeding six (6) months, upon the breaching Party’s written certification that (i) such breach is not reasonably capable of being cured within the period of the proposed extension, but not within such sixty ninety (6090) day period period, and (ii) it has commenced and is diligently pursuing efforts to cure such breach). Upon the 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 termination is based shall have been fully cured to the reasonable satisfaction of the non-breaching Party within such notice period, then such notice of termination shall be deemed rescinded, and this Agreement shall be deemed reinstated and in full force and effect. Such right of termination shall be in addition to such other rights and remedies specified in this Agreement and as provided by law. For greater certainty, any breach or default (material or otherwise) by a Party under any other agreement between the Parties (other than the Quality Agreement) shall not entitle the other Party to terminate this Agreement.

Appears in 1 contract

Samples: Manufacturing and Supply Agreement (Generex Biotechnology Corp)

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