Example ContractsClausesTermination for Breach
Termination for Breach
Termination for Breach contract clause examples

Termination for Breach. [[Forty Seven:Organization]] shall have the right to terminate this Agreement upon written notice to Ono if Ono, after receiving written notice from [[Forty Seven:Organization]] identifying such material breach by Ono, fails to cure such breach within ​ from the date of such notice (or within ​ notice in the event such breach is solely based upon Ono’s failure to pay any amounts due [[Forty Seven:Organization]] hereunder). Ono shall have the right to terminate this Agreement upon written notice to [[Forty Seven:Organization]] if [[Forty Seven:Organization]], after receiving written notice identifying a material breach by [[Forty Seven:Organization]] of its obligations under this Agreement, fails to cure such breach within ​ from the date of such notice (or within ​ notice in the event such breach is solely based upon [[Forty Seven:Organization]]’s failure to pay any amounts due Ono hereunder). If # any material breach in question takes place with respect only to a certain country in the Ono Territory, other than [[Address B:Address]], and # such material breach does not jeopardize the non-breaching Party’s rights and benefits in other country(ies), the non-breaching Party’s right to terminate this Agreement shall be limited to such Product in such country. For clarity, # [[Forty Seven:Organization]] shall have the right to terminate this Agreement in its entirety if there is any material breach by Ono that relates to [[Address B:Address]] that is not cured within the time periods set forth above, and # the non-breaching Party shall not be obligated to terminate this Agreement for any breach as permitted above and, irrespective of whether such Party terminates this Agreement, shall be entitled to seek all available remedies and damages for such breach in accordance with [Section 15.3].

Termination for Breach. Either Party to this Agreement may terminate this Agreement in the event the other Party hereto shall have materially breached or defaulted in the performance of any of its material obligations hereunder, and such default shall have continued for sixty (60) days after written notice thereof was provided to the breaching Party by the non-breaching Party. Any termination shall become effective at the end of such sixty (60) day period unless the breaching Party has cured any such breach or default prior to the expiration of the sixty (60) day period. Notwithstanding the foregoing, failure by either Party to use Commercially Reasonable and Diligent Efforts with respect to the development and commercialization of a Product, Other Biogen Idec Product, Sunesis Product, [[Unknown Identifier]] Product, or Reverted Product shall not be deemed a breach of this Agreement.

SFJ may terminate this Agreement immediately in the event of a Fundamental Breach by Apellis; provided that SFJ shall provide written notice to Apellis of the alleged Fundamental Breach by Apellis, specifying in reasonable detail the particulars of the alleged Fundamental Breach by Apellis, and such alleged Fundamental Breach by Apellis has not been cured within ​ after the date of the relevant notice.

Termination for Breach. In the event that either Party materially breaches any term of this Agreement and has failed to remedy such material breach (if capable of being remedied) ​ days after written notice of such breach has been given by the non-breaching Party, then the non-breaching Party shall have the right to terminate this Agreement by giving written notice to the Party in breach, which termination shall take effect without further action.

Termination for Breach. A party may terminate this Letter Agreement in the event the other party materially breaches any of its provisions and fails to cure such breach within thirty (30) days of written notice of such breach. If this Letter Agreement is terminated by Nant due to material breach by the Clinic, then Nant shall be responsible solely for payment of actual expenses and non-cancellable commitments incurred by the Clinic pursuant to the performance of Services through the date of termination, and the Clinic hereby agrees and covenants to reimburse Nant the Research Fee received prior to termination less the foregoing, within thirty 30 days of the effective date of the termination.

If a Party materially breaches this Agreement in its entirety, or, after commencement of Development of a Product, materially breaches this Agreement with respect to a given Product, then the non-breaching Party may provide the breaching Party with a written notice specifying the nature of the breach, and stating its intention to terminate this Agreement in its entirety, or with respect to a given Product, as applicable, if such breach is not cured.

In the event that SFJ terminates this Agreement pursuant to [Section 14.2.1.1] above, then Apellis will pay SFJ, within ​ of the date of termination, an amount equal to three hundred percent (300%) of SFJ Development Costs paid by SFJ to Apellis prior to such termination. Additionally, if Apellis elects to continue development and obtains Regulatory Approval following such termination, Apellis will remain obligated to pay any Approval Payments that become due and payable pursuant to Article 6 at such time as such payments become due and payable (if ever), provided that each Approval Payment shall be adjusted as set forth in [Section 6.2], and reduced by the amount previously paid by Apellis to SFJ pursuant to this [Section 14.3.1.1]. Notwithstanding the foregoing provisions of this [Section 14.3.1.1], in no event will Apellis be required to pay more than an aggregate of three hundred eight million dollars ($308,000,000) to SFJ pursuant to this [Section 14.3.1.1].

A Party shall have the right to terminate this Agreement, if the other Party experiences an Insolvency Event; provided, however, in the case of any involuntary bankruptcy proceeding, such right to terminate shall only become effective if the Party that incurs the Insolvency Event consents to the involuntary bankruptcy or such proceeding is not dismissed within ninety (90) days after the filing thereof.

Termination for Breach. Each party will have the right to terminate this Agreement in whole or in part by giving to the other party written notice of termination if # the other party fails to make any payment due under this Agreement or perform any of the other obligations imposed upon it in any material respect under this Agreement, # the non-breaching party sends the breaching party written notice of such failure, # with respect to a monetary failure, Company does not cure the failure within ​ following the date of notice, but no more than two such cure periods shall be permitted, and # with respect to a non-monetary failure, the breaching party does not cure the failure within ​ following the date of notice.

Termination for Breach. If either Party materially breaches this Agreement at any time, the non-breaching Party shall have the right to terminate this Agreement by written notice to the breaching Party, if such breach is not cured within sixty (60) days after written notice is given by the non-breaching Party to the breaching Party specifying the breach. Notwithstanding the foregoing, if the allegedly breaching Party in good faith disputes such material breach and provides written notice of that dispute to the other Party within such sixty (60) day period, the matter shall be addressed under the dispute resolution provisions in [Section 14.3], and the termination shall not become effective unless and until the allegedly breaching Party has been determined under [Section 14.3] to be in material breach of this Agreement and has failed to cure such breach within the time period provided in this Section13.2. 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.

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