Example ContractsClausesFor Material Breach
For Material Breach
For Material Breach contract clause examples

Termination for Material Breach. If a Party materially breaches this Agreement either in its entirety or with respect to a particular Collaboration Product for which the Parties have not entered a JDCA and begun work under such JDCA (including if a Party fails to use Commercially Reasonable Efforts to perform its Research Activities set forth in a Research Plan as required under Section 2.6.1 with respect to such Collaboration Product) or [[Nkarta:Organization]] Product, then the other Party may deliver written notice of such material breach to such Party. If the breach is curable, the Breaching Party will have ​ days from the receipt of such notice to cure such breach. If either the Breaching Party fails to cure such breach within ​ day period or the breach is not subject to cure, the Non-Breaching Party, in its sole discretion, may terminate this Agreement in its entirety or with respect to the applicable Collaboration Product for which the Parties have not entered a JDCA and begun work under such JDCA, as applicable (in each case, a “Terminated Product”) or with respect to the applicable [[Nkarta:Organization]] Product, by providing written notice to the Breaching Party. Any right to terminate this Agreement under this Section 13.2.1 shall be stayed and the applicable cure period tolled if, during such cure period, the Party alleged to have been in material breach shall have initiated dispute resolution in accordance with Section 15.1 with respect to the alleged breach, which stay and tolling shall continue until such dispute has been resolved in accordance with Section 15.1. If a Party is determined to be in material breach of this Agreement, the other Party may terminate this Agreement if the Breaching Party fails to cure the breach within the balance of the ​ day cure period after the conclusion of the dispute resolution procedure.

Termination for Material Breach. In the event that either party materially breaches any of its obligations under this Agreement and shall fail to remedy such default within thirty (30) days after written notice thereof, the party not in default shall have the option of terminating this Agreement by giving written notice of termination with an immediate effect to the defaulting party.

Termination for Material Breach. Either Party (the “Non-Breaching Party”) may terminate this Agreement in the event the other Party (the “Breaching Party”) commits a material breach of this Agreement or the Quality Agreement, and such material breach has not been cured within ​ after receipt of written notice of such breach by the Breaching Party from the Non-Breaching Party (the “Cure Period”). The written notice describing the alleged material breach shall provide sufficient detail to put the Breaching Party on notice of such material breach. Any termination of this Agreement pursuant to this Section 10.2 shall become effective at the end of the Cure Period, unless the Breaching Party has cured any such material breach and notified the Non-Breaching Party thereof prior to the expiration of such Cure Period, or, if such material breach is not reasonably susceptible to cure within the Cure Period, then, the Non-Breaching Party’s right of termination shall be suspended only if, and for so long as, the Breaching Party has provided to the Non-Breaching Party a written plan that is reasonably calculated to effect a cure of such material breach, such plan is accepted by the Non-Breaching Party (such acceptance not to be unreasonably withheld, delayed or conditioned), and the Breaching Party commits to and carries out such plan as provided to the Non-Breaching Party. The right of either Party to terminate this Agreement as provided in this Section 10.2 shall not be affected in any way by such Party’s waiver of or failure to take action with respect to any previous breach under this Agreement.

Termination for Material Breach. If ​, then the non-breaching Party may deliver notice of such breach to the other Party stating the cause, and proposed remedy if any. For all such ​, the allegedly breaching Party shall have ​ from such notice to dispute or cure such breach, provided that if such breach is not reasonably capable of cure within such ​ period, but is capable of cure within ​ from such notice, the breaching Party may submit, within ​ of such notice, a reasonable cure plan to remedy such breach as soon as possible and in any event prior to the end of such ​ period, and, upon such submission, the ​ cure period shall be automatically extended for so long as the breaching Party continues to use diligent efforts to cure such breach in accordance with the cure plan, but for no more than ​ additional days. If ​, the matter shall be addressed under the dispute resolution provisions in Article 15, and the termination shall not become effective unless and until it has been determined under Article 15 that the allegedly breaching Party is in material breach of this Agreement and has failed to cure such breach within the time periods provided in this [Section 14.2(b)]; provided that ​, if either Party disputes ​, the Parties agree to resolve the dispute as expeditiously as possible under Article 15, but in any event within ​ days after the occurrence of such dispute. It is understood and acknowledged that during the pendency of such a dispute, all of the terms and conditions of this Agreement shall remain in effect and the Parties shall continue to perform all of their respective obligations hereunder. A ​ shall be treated as a material breach of this Agreement and notwithstanding the foregoing provisions in this [Section 14.2(b)], ​ shall have ​ days to cure any breach ​; provided that, if a government or regulatory action (or inaction) prevents ​ within such ​ day period, the Parties shall discuss in good faith to extend such ​ day period.

Termination for Material Breach. If either Acadia or Stoke is in material breach of this Agreement, the non-breaching Party may give written notice to the breaching Party specifying the claimed particulars of such breach, and in such event, if the breach is not cured within ​ after receipt of such notice (provided that if any breach, other than a payment breach, is not reasonably curable within such ​ cure period, then such cure period will be extended for an additional period of up to ​ (for a total cure period of ​), the non-breaching Party shall have the right thereafter to terminate this Agreement in its entirety with immediate effect by giving written notice of such termination to the breaching Party; provided that with respect to # a Licensed Product, Stoke shall be permitted to terminate this Agreement pursuant to this Section 15.4(a) (and only after completion of the process set forth in Section 15.4(a)(i) if invoked) solely as a result of # Acadia’s material failure to make timely payments to Stoke or # Acadia’s material failure to use Commercially Reasonable Efforts to Develop or Commercialize the relevant Licensed Product and # a [[Unknown Identifier]] Co-Co Product, each Party shall be permitted to terminate this Agreement pursuant to this Section 15.4(a) (and only after completion of the process set forth in Section 15.4(a)(i) if invoked) solely as a result of # a Party’s material failure to make timely payments to the other Party or # a Party’s material failure to use Commercially Reasonable Efforts to Develop or Commercialize the relevant [[Unknown Identifier]] Co-Co Product, and in each case ((i) and (ii) above) including a failure to timely cure during the time periods set forth this Section 15.4(a) (and only after completion of the process set forth in Section 15.4(a)(i) if invoked), and for no other reason. Notwithstanding the foregoing:

Either Party (the “Non-Breaching Party”) may, without prejudice to any other remedies available to it under Law or in equity, terminate this Agreement if the other Party (the “Breaching Party”) shall have materially breached in the performance of its obligations hereunder, and such breach shall have continued for ​ days (or, in the case of a payment breach, ​ days) after written notice thereof was provided to the Breaching Party by the Non-Breaching Party, such notice describing the alleged breach. Subject to [Section 12.3.2], any such termination of this Agreement under this [Section 12.3.1] shall become effective at the end of such ​day (or ​day, as applicable) cure period, unless:

Termination for Material Breach. In the event a Party materially breaches this Agreement, and such breach shall have continued for ​ after notice thereof was provided to the breaching Party, the non-breaching Party will have the right to terminate this Agreement ​written notice to the breaching Party referencing this Section 10.2(d).

Termination for Material Breach. In the event either party defaults in any material obligation in this Agreement or a Sales Order, the non-defaulting party shall give written notice of such default. If the party in default has not cured the default within ​ of receipt of the notice, the non-defaulting party may terminate this Agreement or the applicable Sales Order by delivering notice thereof to the defaulting party.

For Material Breach. If either Party believes ​ that the other Party is in material breach of any material provision of this Agreement, then the non-breaching Party may deliver notice of such breach to the other Party stating the cause, and proposed remedy if any. Subject to this [Section 10.2(c)], the allegedly breaching Party will have ​ from the date of such notice to cure such breach (the “Cure Period”). ​. Notwithstanding the foregoing:

For Material Breach. Either Party may, without prejudice to any other remedies available to it in law or equity, terminate this Agreement in the event that the other Party has materially breached a provision under this Agreement. The breaching Party will have […​…] days after written notice thereof was provided to the breaching Party by the non-reaching Party to remedy such default. Any such termination will become effective at the end of such […​…] day period unless the breaching Party has cured any such breach or default prior to the expiration of such […​…] day period or the parties have agreed otherwise.

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