Common use of Termination by Either Party for Material Breach Clause in Contracts

Termination by Either Party for Material Breach. Either party may terminate this Agreement upon written notice if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days following receipt of written notice specifying the breach in detail; PROVIDED, HOWEVER, that Customer may terminate Maintenance Services only (a) for convenience, as provided in Section 4.1, or (b) if Siebel materially breaches the provisions of EXHIBIT B and fails to cure, or to begin in good faith to cure, the breach within sixty (60) days following written notice from Customer specifying the breach in detail. In the event of termination of Maintenance Services, Customer shall be liable only for payment for Maintenance Services through the termination date and shall receive a pro-rata refund of any unused prepaid fees.