Termination Due to Infringement Clause Samples

Termination Due to Infringement. In the event the Alleged infringing Party is unable to effectuate either 5.4(a), 5.4(b) or 5.4(c) above within one hundred twenty (120) days of service of notice of such claim upon the other party, then the other party may terminate this Agreement and shall have the right to pursue any remedy at law or in equity resulting therefrom.
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Termination Due to Infringement. In the event EURAND is unable to effectuate the actions described in Section 8.5 above within *** Calendar Days of service of notice of such claim under Section 8.5, then either Party may terminate this Agreement.
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Termination Due to Infringement. Notwithstanding anything in this Agreement to the contrary, either Party may elect at any time to cease developing any System pursuant to an approved Development Workplan if (i) such Party reasonably determines, on advice of independent patent counsel approved by both Parties, that the System contemplated by such Development Workplan poses a substantial risk of infringing third party intellectual property rights and (ii) either Party has not eliminated or substantially mitigated such risk (either by obtaining a license from such third party or modifying the System in a manner reasonably acceptable to each Party) within a commercially reasonable time period. If one Party desires to continue the development of the System covered by such terminated Development Workplan notwithstanding the other Party's conclusions regarding third party infringement, the Party terminating the Development Workplan shall [ * ]. In the event Caliper elects to cease developing any System under this Section 3.5.2 and Bio-Rad desires to continue with the commercialization of the subject System, Caliper shall also [ * ]
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Termination Due to Infringement. In the event of a breach of any provision of this Agreement in any material way by any of the parties that is not remedied within forty-five (45) days of receipt of a written notice thereof from the other party, the non-infringing party may (i) terminate this Agreement upon written notice to the infringing party; (ii) terminate or suspend the provision of services or the provision of IT solutions; and/or (iii) pursue other legal and equitable relief and remedies to which it is entitled. In addition, ▇▇▇▇▇ may immediately terminate the licenses granted under this Agreement if the CUSTOMER violates the provisions of Section 2.4 (Licensing), 2.5 (Authorized Users), 2.6 (Restrictions; CUSTOMER responsibilities), or 14 (Confidentiality).
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Related to Termination Due to Infringement

  • Termination Due To Lack Of Funding Appropriation If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

  • Termination due to Force Majeure 13.5.1 If the Force Majeure Event or its effects continue to be present beyond the period as specified in Article 4.5.3, either Party shall have the right to cause termination of the Agreement. In such an event, this Agreement shall terminate on the date of such Termination Notice.

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.

  • BREACH; TERMINATION Customer/Project Sponsor may terminate this Agreement at any time in its sole discretion by providing notice to the Company not less than one hundred and eighty (180) days before such termination. In the event of breach of any material terms or conditions of this Agreement, if the breach has not been remedied within 30 days following receipt of written notice thereof from the other Party (provided that, if the breaching Party has commenced and is diligently pursuing efforts to cure such breach, then such 30-day period shall be extended until the earlier of (i) 30 additional days or (ii) end of diligent efforts to cure the breach), then the non-breaching party may terminate this Agreement by written notice at any time until cure of such breach occurs. In the event of any proceedings by or against either Party in bankruptcy, insolvency or for appointment of any receiver or trustee or any general assignment for the benefit of creditors (excluding, for the avoidance of doubt, an assignment in accordance with Article XI or other collateral assignment to obtain project financing), the other Party may terminate this Agreement. If the Customer/Project Sponsor increases the capability or the capacity of the Facility to exceed 4.999 MW, this Agreement shall immediately terminate. The Company shall not be liable to the Customer/Project Sponsor for damages resulting from a termination pursuant to this paragraph. If the Customer/Project Sponsor's generating equipment produces zero (0) kilowatt- hours during any period of twelve (12) consecutive Billing Periods after the Commercial Operation Date [Effective Date for existing resources] for a reason other than a force majeure event, the Company may terminate this Agreement.