Common use of Termination for Material Breach Clause in Contracts

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give written notice to the other party to terminate this Agreement where the other party is in material breach of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed to remedy the breach within thirty (30) days after receiving written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstances.

Termination for Material Breach. Either party mayIf either Party believes that the other is in breach of its material obligations hereunder, without prejudice to its other rights or remedies, give written then the non-breaching Party may deliver notice of such breach to the other party Party, and the allegedly breaching Party shall have sixty (60) days from such notice to dispute or cure such breach. If the allegedly breaching Party fails to cure, or fails to dispute, that breach within such time period, then the Party originally delivering the notice of breach may terminate this Agreement where effective on written notice of termination to the other party is in material breach of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed to remedy the breach within thirty (30) days after receiving written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesParty.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give written notice to the other party to Party may terminate this Agreement where if the other party is in material breach of Party materially breaches this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed fails to remedy the cure such breach within thirty (30) days after receiving receipt of written notice requiring it to do so. The thirty (30) day period may be extended from the non-breaching Party, specifying in detail the sole discretion nature of the party that has the right to terminate this Agreement under such circumstancesbreach.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give written notice to the other party to Party may terminate this Agreement where upon written notice if the other party is in Party has breached any of its material obligations under this Agreement, and (a) such breach has not been cured within 60 days after written notice of this Agreement and the breach breach, or (b) if a plan, reasonably acceptable to the non-breaching Party, is not capable of remedy; or the breach is capable of remedy and the other party has failed implemented to remedy the breach within thirty (30) days cure as soon as practicable after receiving written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstances.breach

Termination for Material Breach. Either party may, without prejudice to Without limiting its other rights or remedies, give either Party may terminate this Agreement with immediate effect by giving written notice to the other party to terminate this Agreement where Party if the other party is in Party commits a material breach of any term of this Agreement and the (if such a breach is not capable of remedy; or the breach is capable of remedy and the other party has failed remediable) fails to remedy the that breach within thirty (30) days after receiving written notice requiring it of that Party being notified in writing to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstances.

Termination for Material Breach. Either party mayIf a Party fails to perform or violates any material term of this Agreement, without prejudice to its then the other rights or remedies, Party may give written notice of breach to the breaching Party. If the breaching Party fails to repair the default within ninety (90) days after the date of receipt of such notice of breach, the other party to Party may terminate this Agreement where by delivering a second written notice. If such second notice is sent to the other party is in material breach of breaching Party, this Agreement and will automatically terminate on the breach date that such notice is not capable of remedy; or received by the breach is capable of remedy and the other party has failed to remedy the breach within thirty (30) days after receiving written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesbreaching Party.

Termination for Material Breach. Either party If either Party breaches a material obligation under this Agreement, the other Party shall have the right to give the breaching Party written notice describing the alleged breach. If the breaching Party does not cure such breach within sixty (60) days after receipt of such notice, the notifying Party may, without prejudice in addition to its any other rights or remediesit may have under this Agreement, give written notice to the other party to terminate this Agreement where effective immediately. However, if there is a dispute between the other party Parties as to termination under this Section 10.3, no termination shall be effected until such dispute is in material breach of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed resolved pursuant to remedy the breach within thirty (30) days after receiving written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesSection 12.1.

Termination for Material Breach. Either party may, without Without prejudice to its any other rights or remediesremedies available, give each party may terminate this agreement on thirty (10) days written notice to if another party materially breaches this agreement, unless the other breaching party to terminate this Agreement where the other party is in material breach of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed to remedy the cures such said breach within such thirty (30) days after receiving written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesperiod.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give may terminate this Agreement effective upon sixty (60) days prior written notice to the other party to terminate this Agreement where party, if the other party is in commits a material breach of this Agreement and fails to cure such breach by the breach is not capable end of remedy; or the breach is capable of remedy and the other party has failed to remedy the breach within thirty (30) days after receiving written notice requiring it to do so. The such thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesperiod.

Termination for Material Breach. Either party mayIf a Party materially breaches this Agreement, without prejudice to its the other rights or remedies, give Party may terminate this Agreement effective ninety (90) days after providing written notice to the other party breaching Party, if within that time the breaching Party fails to terminate this Agreement where the other party is in cure its material breach of this Agreement and the breach is non-breaching Party does not capable of remedy; or the breach is capable of remedy and the other party has failed to remedy the breach within thirty (30) days after receiving written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstanceswithdraw its termination notice.

Termination for Material Breach. Either party may, without prejudice Without limitation to its other rights or remediesavailable to a party, give either party may terminate this Agreement in the event of a material breach by the other party upon sixty (60) days written notice to the other party to terminate this Agreement where setting ***CONFIDENTIAL TREATMENT REQUESTED 24 forth in reasonable detail the other specifics of the material breach, provided however, that within such sixty (60) day period, the party is in material breach of this Agreement and may cure the breach is not capable of remedy; deficiency or the breach is capable of remedy and parties may agree on a settlement in which case the other party has failed to remedy the breach within thirty (30) days after receiving written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancestermination by SGX or CFFT shall not occur.

Termination for Material Breach. 33.1 Either party may, without prejudice to its other rights or remedies, give written notice to the other party to Party may terminate this Agreement where for cause upon sixty (60) days prior written notice if (a) the other party is in material breach of Party materially breaches this Agreement or defaults on its obligations and the fails to cure such breach is not capable of remedy; or the breach is capable of remedy and the other party has failed to remedy the breach within thirty default during such sixty (30) days after receiving written notice requiring it to do so. The thirty (3060) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstances.period,

Termination for Material Breach. Either party mayIf either Party commits a material breach of this Agreement, without prejudice to its then the other rights or remedies, Party may give the breaching Party written notice of default and intent to the other party terminate. The non-breaching Party shall be entitled to terminate this Agreement where if the other party is in material breach of this Agreement and breaching Party fails to cure the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed to remedy the breach default within thirty sixty (3060) days after of receiving such written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesnotice.

Termination for Material Breach. Either party mayIf a Party materially breaches this Agreement, without prejudice to its the other rights or remedies, give Party may terminate this Agreement effective sixty (60) days after providing written notice to the other party breaching Party, if within that time the breaching Party fails to terminate this Agreement where the other party is in cure its material breach of this Agreement and the breach is non-breaching Party does not capable of remedy; or the breach is capable of remedy and the other party has failed to remedy the breach within thirty (30) days after receiving written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstanceswithdraw its termination notice.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give written notice to In the other party to terminate this Agreement where the other party is in event of a material breach of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and by one Party, the other party has failed to remedy the breach within thirty (30) days after receiving written notice requiring it to do so. The thirty (30) day period Party may be extended in the sole discretion of the party that has the right to terminate this Agreement under if the breaching Party fails to cure such circumstancesbreach within 30 days (or 10 days for a breach of payment obligations) after receipt of notice. AddSalt may terminate this Agreement immediately upon notice if the Customer breaches any of the restrictions in Section 1.7.

Termination for Material Breach. Either party mayParty may terminate this Agreement, without prejudice to its other rights or remedies, give upon written notice to the other party to terminate this Agreement where Party if the other party is in Party materially breaches this Agreement, unless the breaching Party cures such material breach within sixty (60) days of this Agreement and written notice thereof from the breach is not capable of remedy; or non-breaching Party to the breach is capable of remedy and the other party has failed to remedy the breach within breaching Party (which period shall be thirty (30) days after receiving written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion case of the party that has the right a failure to terminate this Agreement under such circumstancespay).

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give written notice to the other party to Party may terminate this Agreement where if the other party is in Party commits a material breach of this Agreement Agreement, and the such material breach is not capable of remedy; or the breach is capable of remedy and the other party has failed to remedy the breach within continues for thirty (30) days after receiving receipt of written notice requiring it thereof from the non-breaching Party; provided that if such material breach cannot reasonably be cured within thirty (30) days, the breaching Party shall be given a reasonable period of time to do so. The cure such breach; provided further, that if such material breach is incapable of cure, then the notifying Party may terminate this Agreement effective after the expiration of such thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesperiod.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give Party may terminate this Agreement by written notice referencing this Section 12.3 and specifying the breach to the other party to terminate this Agreement where Party if the other party Party is in material breach of its material obligations under this Agreement and has not cured such breach within ninety (90) days (or thirty (30) days in the breach case of payment breaches) after notice requesting cure of the breach; provided, however, that in the event of a good faith dispute with respect to the existence of a material breach, this Agreement shall not be terminated unless it is not capable of remedy; or finally determined under Article 13 that this Agreement was materially breached, and, the breach is capable of remedy and the other party has failed breaching Party fails to remedy the cure such breach within thirty (30) days after receiving written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesdetermination.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give written notice to the other party to Party may terminate this Agreement where immediately upon written notice for the other party is in material breach of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and the other party Party, which material breach has failed to remedy the breach within remained uncured for a period of thirty (30) days after receiving from the date of delivery of written notice requiring it thereof to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesbreaching Party.

Termination for Material Breach. Either party may, without prejudice to Without limiting its other rights or remedies, give either Party may terminate this Agreement with immediate effect by giving written notice to the other party to terminate this Agreement where Party if the other party is in Party commits a material breach of any term of this Agreement and the (if such a breach is not capable of remedy; or the breach is capable of remedy and the other party has failed remediable) fails to remedy the that breach within thirty (30) days after receiving written notice requiring it of that party being notified in writing to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstances.

Termination for Material Breach. Either If either party maymaterially breaches this Agreement (including any Order Form or Statement of Work), without prejudice to its other rights or remedies, give written notice to the other party to may terminate this Agreement where (or, at its option, only the other party is in material breach applicable Order Form or Statement of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and the other party Work that has failed to remedy the breach within been materially breached) upon thirty (30) days after receiving days’ written notice requiring it to do so. The thirty (30) day period may be extended in notice, unless the sole discretion of the party that has the right to terminate this Agreement under breach is cured within such circumstancestime.

Termination for Material Breach. Either party mayIf a Party materially breaches this Agreement, without prejudice to its other rights or remedies, give written notice to the other party to Party may terminate this Agreement where the other party is in or any or all Services affected by such material breach of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed to remedy the breach unless, within thirty (30) days after receiving of written notice requiring it thereof, such breaching Party (i) cures such material breach to do so. The thirty (30) day period may be extended in the sole discretion reasonable satisfaction of the party other Party (if such material breach is subject to cure) and (ii) demonstrates, to the other Party’s reasonable satisfaction, that such breaching Party has enacted remedial measures designed to prevent the right to terminate this Agreement under such circumstancesbreach from occurring again.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give Party may terminate this Agreement upon written notice to the other party to terminate this Agreement where Party if the other party is in material breach of Party materially breaches this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed breaching Party fails to remedy cure the breach within thirty (30) days after receiving receipt of written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has breach from the right to terminate this Agreement under such circumstancesother Party.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give written notice to the other party to terminate this Agreement where the other party If either Party is in material breach in the performance of any of its obligations under this Agreement and (the breach is not capable of remedy; or the breach is capable of remedy and “Breaching Party”), the other party has failed to remedy Party (the breach within “Complaining Party”) may terminate this Agreement upon thirty (30) days after receiving days’ prior written notice requiring it (the “Notice Period”) to do so. The thirty (30) day period may be extended in the sole discretion Breaching Party, specifying the breach and its claim of right to terminate, provided that the termination shall not become effective at the end of the party that has Notice Period if the right to terminate this Agreement under such circumstancesBreaching Party cures the breach during the Notice Period.

Termination for Material Breach. Either This Agreement may be terminated at any time by either party may, without prejudice to its other rights or remedies, give for the other’s material breach upon at least sixty (60) days prior written notice and an opportunity to cure such breach. If the other breaching party to terminate this Agreement where the other party is in material breach of this Agreement and cures the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed to remedy the breach within thirty in question during such sixty (30) days after receiving written notice requiring it to do so. The thirty (3060) day period may be extended in period, the sole discretion of the non-breaching party that has shall not have the right to terminate this Agreement under as a result of such circumstancesbreach.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give Party may terminate this Agreement upon thirty (30) days prior written notice to the other party to terminate this Agreement where Party in the event that such other party is in Party breaches any material breach term or condition of this Agreement and Agreement; provided, however, that the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed breaching Party shall have an opportunity to remedy cure the breach within thirty (30) days after receiving written notice requiring it to do so. The such thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesnotice period.

Termination for Material Breach. Either Each party mayshall have the right to terminate this Agreement, without prejudice in addition to its other rights pursuing any remedies available under law or remediesin equity, give upon sixty (60) days written notice to the other party to terminate this Agreement where if the other party is in material breach of this Agreement and the breach is Agreement. Such termination shall not capable of remedy; or the breach is capable of remedy and be effective if the other party has failed to remedy the cures such breach within sixty (60) days of receiving written notice of breach; thirty (30) days after receiving written notice requiring it where the alleged breach is failure to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancespay money when due.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give Party may terminate this Agreement effective upon thirty (30) days prior written notice to the other party to terminate this Agreement where Party, if the other party is in Party commits a material breach of this Agreement and fails to cure such breach by the breach is not capable end of remedy; or the breach is capable of remedy and the other party has failed to remedy the breach within thirty (30) days after receiving written notice requiring it to do so. The such thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesperiod.

Termination for Material Breach. Either party Party may, without prejudice to at its other rights or remediesoption, give terminate this Agreement upon written notice to the other party to terminate this Agreement where Party if the other party is in material breach Party materially breaches any of the terms and conditions of this Agreement and the if such material breach is has not capable of remedy; or the breach is capable of remedy and the other party has failed to remedy the breach been cured within thirty (30) days after receiving written notice requiring it to do sothe other Party. The thirty (30) day period Notwithstanding the foregoing, the Parties agree that the failure of Client to pay any amount when due will be considered a material breach regardless of amount and at the discretion of DataSync, may be extended in grounds for the sole discretion immediate termination of the party that has the right to terminate this Agreement under such circumstanceswithout further notice and without a cure period.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give may terminate this Agreement upon thirty (30) days prior written notice by giving written notice of termination to the other party to terminate this Agreement where if the other party is in commits a material breach of this Agreement and the breach is not capable of remedy; or the Agreement, provided that where such breach is capable of remedy and or cure, the non-breaching party has given notice of the alleged breach to the other party who has failed to remedy or cure the breach within thirty (30) days after (or such other time as agreed by the parties) from receiving written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesnotice.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give Party may terminate this Agreement upon thirty (30) days written notice to the other party to terminate this Agreement where Party, if the other party is in Party breaches a material breach provision of this Agreement and unless the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed to remedy the breach cured within thirty (30) days after receiving written notice requiring it to do so. The such thirty (30) day period may period, or, if the breach cannot be extended in the sole discretion of the party so cured, diligent efforts to effect such cure are commenced during that has the right to terminate this Agreement under such circumstancesperiod.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give Party may terminate this Agreement on written notice to the other party to terminate this Agreement where Party if the other party is in material breach of Party materially breaches this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed fails to remedy the cure such breach within thirty sixty (3060) days ("Cure Period") after receiving written notice requiring it to do so. The thirty (30) day period of such breach; provided, however, that the Cure Period may be extended in at the sole discretion of the party that has the right to terminate this Agreement under such circumstancesnon-breaching Party's discretion.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give written notice to the other party to Party may terminate this Agreement where immediately upon written notice if the other party is in Party commits a material breach of this Agreement and the breach is not (if capable of remedy; or the breach is capable of remedy and the other party has failed ) fails to remedy the material breach within thirty (30) days after receiving written notice requiring it 30)-days of being notified to do so. The thirty (30) day period may be extended in so by the sole discretion of the party that has the right to terminate this Agreement under such circumstances.non-breaching Party.‌

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give written notice to the other party to may terminate this Agreement where immediately upon written notice for the other party is in material breach of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and the other party party, which material breach has failed to remedy the breach within remained uncured for period of thirty (30) days after receiving from the date of delivery of written notice requiring it thereof to do sothe breaching party. The thirty (30) day period parties expressly understand and agree that any uncured failure of VAR to undertake the efforts described by SECTION 8.1 may be extended in the sole discretion deemed a material breach of the party that has the right to terminate this Agreement under such circumstancesAgreement.

Termination for Material Breach. Either Except with respect to a Payment Default to which paragraphs 3.2 and 3.3 apply, in the event of a material breach of this Agreement, the party claiming the breach shall notify the other in writing, describing the breach in reasonable detail. The party accused of the breach shall have 30 days from receipt of notice of breach to cure the breach. If the breach is not cured within the 30-day period, the party claiming the breach may, without prejudice to its other rights or remedies, give by written notice to the other party to party, immediately terminate this Agreement where the other party is in material breach of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed to remedy the breach within thirty (30) days after receiving written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesAgreement.

Termination for Material Breach. Either party mayshall have the right to terminate this Agreement upon a material breach of the Agreement by the other party, without prejudice to its other rights or remedies, give which breach is not corrected within thirty (30) days of written notice to the other party to terminate this Agreement where describing in writing the other party is in material breach of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed to remedy the breach within thirty (30) days after receiving written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesbreach.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give written notice to In the other party to terminate this Agreement where the other party is in event of any material breach of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and by a Party, the other party Party may terminate this Agreement by giving 30 calendar days’ written notice thereof; provided that such termination shall not be effective if the breaching Party has failed made reasonable efforts to remedy cure the breach within thirty (the 30) days after receiving written notice requiring it to do so. The thirty (30) -calendar day period may and provides written evidence of ongoing corrective action, which must be extended fully completed within 60 calendar days unless otherwise agreed in the sole discretion of the party that has the right to terminate this Agreement under such circumstanceswriting by both Parties.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give Party may terminate this Agreement upon thirty (30) days written notice to the other party to terminate this Agreement where Party, if the other party is in Party breaches a material breach provision of this Agreement and unless the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed to remedy the breach cured within thirty (30) days after receiving written notice requiring it to do so. The such thirty (30) day period may period, or, if the breach cannot be extended in the sole discretion of the party so cured, diligent efforts to effect such cure are commenced during that has the right to terminate this Agreement under such circumstancesperiod. INFORMATION MARKED BY [***] HAS BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. THE OMITTED PORTION HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give written notice to the other party to terminate this Agreement where the other party is in If either Party commits a material breach of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and Agreement, the other party has failed to remedy the breach within thirty (30) days after receiving written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has Party shall have the right to terminate this Agreement under by giving written notice to the breaching Party in sufficient detail to ascertain and respond to the alleged breach. Termination shall take effect sixty (60) days after receipt of such circumstancesnotice by the breaching Party unless within the same time period the breach has been cured.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give written notice to If either the other party to terminate this Agreement where the other party is in material breach of this Agreement and the breach is not capable of remedy; Company or the breach is capable of remedy and Advisor shall determine that the other party has failed to remedy materially breached a material provision of this Agreement, such party shall giving the other party written notice of such breach within and the basis therefor. Thereafter, the party receiving such notice shall have thirty (30) days after receiving written notice requiring it to do socure such breach or provide evidence that no such breach has occurred. The thirty (30) day period may be extended in the sole discretion of If the party that receiving such notice has failed to cure such breach or demonstrate the right to absence of such a breach within such 30-day period, the party giving the notice may thereafter terminate this Agreement under such circumstanceswith immediate effect.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give written notice to the other party to Party may terminate this Agreement where if the other party is in material breach of Party materially breaches this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed such breaching Party fails to remedy cure the breach within thirty (30) days after receiving receipt of written notice requiring it to do so. The thirty (30) day period may be extended from the non-breaching Party, such notice specifying in detail the sole discretion nature of the party that has the right to terminate this Agreement under such circumstancesbreach.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give written notice to the other party to Party may terminate this Agreement where immediately upon written notice if the other party is in Party commits a material breach of this Agreement and the breach is not (if capable of remedy; or the breach is capable of remedy and the other party has failed ) fails to remedy the material breach within thirty (30) days after receiving written notice requiring it 30)-days of being notified to do so. The thirty (30) day period may be extended in so by the sole discretion of the party that has the right to terminate this Agreement under such circumstancesnon-breaching Party.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give This Agreement may be terminated written notice and an opportunity to cure such breach. If the other breaching party to terminate this Agreement where the other party is in material breach of this Agreement and cures the breach is not capable of remedy; or in question during the breach is capable of remedy and the other party has failed to remedy the breach within thirty (30) days after receiving written notice requiring it to do so. The thirty (30) day period may be extended in period, the sole discretion of the non-breaching party that has shall not have the right to terminate this Agreement under as a result of such circumstancesbreach, unless such breach is a recurrent breach.

Termination for Material Breach. Either party may, without prejudice shall have the right to its other rights or remedies, give terminate this Agreement upon written notice to the other party to terminate this Agreement where the other party is in if, after receiving written notice of a material breach of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and Agreement, the other party has failed fails to remedy the cure such breach within (i) ten (10) days from the date of such notice concerning a breach of any payment obligation, or (ii) thirty (30) days after receiving written from the date of such notice requiring it pertaining to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesall other breaches.

Termination for Material Breach. Either Each party may, without prejudice to its other rights or remedies, give may terminate this agreement by providing 30 (thirty) days’ prior written notice to the other party to terminate this Agreement where the party, upon other party is in party’s material breach of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and the Agreement, provided other party has failed fails to remedy cure the material breach within thirty 30 (30thirty) days after receiving written notice requiring it to do soof receipt of said breach notice. The thirty (30) day period may be extended in the sole discretion Material breach shall also include non-payment of the party that has the right to terminate this Agreement under such circumstancesfees or portion of applicable fees.

Termination for Material Breach. Either party mayIf either Party breaches a material obligation under this Agreement, without prejudice to its other rights or remedies, give written notice to the other party shall have the right to give the breaching Party written notice describing the alleged breach. If the breaching Party does not cure such breach within ninety (90) days after receipt of such notice, the notifying Party may, in addition to any other rights it may have under this Agreement, terminate this Agreement where effective immediately. However, if there is a dispute between the other party Parties as to termination under this Section 14, no termination shall be effected until such dispute is in material breach of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed resolved pursuant to remedy the breach within thirty (30) days after receiving written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesSection 11.

Termination for Material Breach. Either party mayIf a Party materially breaches this Agreement, without prejudice to its other rights or remedies, give written notice to the other party to Party may terminate this Agreement where the other party is in material breach of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed to remedy the breach within effective thirty (30) days after receiving providing written notice requiring it to do sothe breaching Party, if within that time the breaching Party fails to cure its material breach and the non-breaching Party does not withdraw its termination notice. The thirty (30) day period may be extended in the sole discretion For purposes of the party that has the right to terminate this Section 9(c), material breaches of this Agreement under such circumstancesshall not include noncompliance by Gilead with its obligations in Section 3(e).

Termination for Material Breach. Either party mayIn the event either Party has breached any material term, without prejudice condition, obligation, representation, warranty or covenant in this Agreement, and such Party fails to its other rights or remedies, give written notice to the other party to terminate this Agreement where the other party is in material breach of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed to remedy cure the breach within thirty sixty (3060) days after receiving written notice requiring it to do so. The thirty (30) day period identifying the breach by the other Party, the non-breaching Party may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesby providing written notice of termination to the breaching Party.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give written notice to the other party to terminate this Agreement where the other party is in If any Party commits a material breach of this Agreement and the such breach is not capable is: (a) incapable of remedy; or the breach is , or (b) capable of remedy and but the other party Party has failed to remedy the breach within thirty (30) 28 days after of receiving written a notice from the other Party requiring it to do so. The thirty (30) day period , then the other Party may be extended in the sole discretion of the party that has the right to immediately terminate this Agreement under such circumstancesby giving written notice to the other Party.

Termination for Material Breach. Either party Party may, without prejudice in addition to its any other rights remedies available to it by law or remediesin equity, give terminate this Agreement, upon sixty (60) days written notice to the other party to terminate this Agreement where Party in the event that the other party is in Party breaches a material breach provision of this Agreement and fails to cure such breach within sixty (60) days of notice identifying the breach, or, in case the breach is cannot capable of remedy; or be cured within such period, the breaching Party continues diligent efforts to cure such breach is capable of remedy and the other party has failed to remedy the breach within thirty (30) days after receiving written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesuntil actually cured.

Termination for Material Breach. Either party mayIn the event that either Party (the “Breaching Party”) breaches any of its material obligations under this Agreement, without prejudice to its other rights or remedies, give written notice to the other party to Party (the “Complaining Party”) may terminate this Agreement where the other party is in material breach of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed to remedy the breach within upon thirty (30) days after receiving days’ prior written notice requiring it to do so. The (such thirty (30) day period may be extended in period, the sole discretion “Notice Period”) to the Breaching Party, specifying the breach and its claim of right to terminate; provided, that the termination of this Agreement shall not become effective at the end of the party that has Notice Period if (a) the right to terminate this Agreement under Breaching Party cures such circumstances.breach

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give written notice to the other party to terminate this Agreement where the other party is in Upon any material breach of this Agreement and by either Party (in such capacity, the breach is not capable of remedy; or the breach is capable of remedy and “Breaching Party”), the other party has failed to remedy the breach within Party may terminate this Agreement by providing thirty (30) days after receiving written notice requiring it to do sothe Breaching Party, specifying the material breach. The termination shall become effective at the end of the thirty (30) day period may be extended in unless the sole discretion of the party that has the right to terminate this Agreement under Breaching Party cures such circumstancesbreach during such thirty (30) day period.

Termination for Material Breach. Either party may, without prejudice to its other rights Company or remedies, give written notice to the other party to Practice may terminate this Agreement where upon the other party is in material Party’s breach of a material provision of this Agreement and Agreement, if the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed breaching Party fails to remedy the cure such breach within thirty (30) days after receiving following receipt of written notice requiring it thereof from the non- breaching Party, or fails to do so. The commence to cure such breach within such thirty (30) day period may be extended in the sole discretion of the party that has the right and diligently pursue such cure to terminate this Agreement under such circumstancescompletion.

Termination for Material Breach. Either party maymay terminate this Agreement, without prejudice to its at any time, by giving the other rights or remedies, give written notice to if the other party to terminate this Agreement where the other party is in material breach other: (i) materially breaches any term of this Agreement and the fail to remedy such breach is not capable within 30 (thirty) days of remedy; or the breach is capable of remedy and being requested in writing by the other party has failed party. Notwithstanding anything to remedy the breach within thirty (30) days after receiving written notice requiring it to do so. The thirty (30) day period may be extended contrary Participation Agreements will terminate on the same date as this Agreement unless terminated earlier in accordance with the sole discretion provisions of the party that has the right to terminate this Agreement under such circumstancesrespective Participation Agreement.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give written notice to the other party to Party may terminate this Agreement where the other party is in for any material breach of this Agreement and by the other Party, if such breach is not capable of remedy; or the breach is capable of remedy and the other party has failed to remedy the breach cured within thirty (30) days after receiving written the non-breaching Party delivers notice requiring it of such breach to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesbreaching Party.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give may terminate this Agreement upon written notice to the other party to terminate this Agreement where if the other party is in commits any material breach of this Agreement and which the breach is not capable of remedy; or the breach is capable of remedy and the other breaching party has failed fails to remedy the breach cure within thirty sixty (3060) days after receiving following written notice requiring it to do so. The thirty (30) day period may be extended in from the sole discretion of the non-breaching party that has the right to terminate this Agreement under specifying such circumstancesbreach.

Termination for Material Breach. Either party mayNotwithstanding any other remedies and sanctions available to it, without prejudice to either Party may terminate this Agreement in its other rights or remedies, give entirety upon written notice to the other party to terminate this Agreement where Party in the event the other party is in material breach of Party materially breaches this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed fails to remedy the cure such breach within ninety (90) days (or thirty (30) days with respect to a breach of payment obligations) after receiving receipt of written notice requiring it to do so. The thirty (30) day period may be extended in of breach from the sole discretion of the party that has the right to terminate this Agreement under such circumstancesnon-breaching Party.

Termination for Material Breach. Either party mayWith the exception of monetary breaches as described in Clause 7.4 (Monetary Breach), without prejudice to its other rights either Party may terminate this Agreement or remedies, give any Statement of Work upon fourteen (14) days written notice to the other party to terminate this Agreement where Party in the other party is in event of a breach of any material breach provision of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and by the other party Party, provided that, during such fourteen (14) day period, the breaching Party has failed to remedy the breach within thirty (30) days after receiving written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under cure such circumstancesbreach.

Termination for Material Breach. Either party mayEach Party may terminate this Agreement (i) for material breach by the other Party, without prejudice to its other rights or remedies, give (ii) upon one hundred twenty (120) days written notice to the other party to terminate this Agreement where Party specifying the other party is in nature of such material breach of this Agreement and the (iii) if such breach is has not capable of remedy; or the breach is capable of remedy and the other party has failed to remedy the breach been substantially cured within thirty such one hundred twenty (30120) days after receiving written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesperiod.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give written notice to the other party to Party may terminate this Agreement where for the other party is in Party’s material breach of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and the other party has failed to remedy the breach within which remains uncured for thirty (30) days after receiving written the breaching Party has received notice requiring it to do so. The thirty (30) day period may be extended in from the sole discretion non-breaching Party of the party that has the right to terminate this Agreement under such circumstancesbreach.

Termination for Material Breach. Either party may, without prejudice to its other rights or remedies, give written notice to the other party to terminate this Agreement where the other party is in Upon any material breach of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and by either Party, the other party has failed to remedy the breach within thirty Party may terminate this Agreement by providing sixty (3060) days after receiving days’ written notice requiring it to do sothe breaching Party, specifying the material breach. The thirty termination shall become effective at the end of the sixty (3060) day period may unless. (a) the breaching Party cures such breach during that period, or (b) the Parties agree to continue the Agreement despite the breach. Any dispute as to whether a material breach has occurred shall be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesresolved by binding arbitration.

Termination for Material Breach. Either party Party may, without prejudice to at its other rights or remediesoption, give written notice to the other party to terminate this Agreement where for a material breach by the other party is in material breach of this Agreement and Party after giving the other Party written notice, specifically identifying the breach on which termination is not capable of remedy; or the breach is capable of remedy based, and the other party has failed to remedy the breach within thirty (30) days after receiving written notice requiring it to do socure such breach (except for a breach based upon non-payment of any sums due for which the breaching Party will have ten (10) days to cure such breach). The thirty (30) day period may be extended in If the sole discretion of breach is not cured within the party that has the right to terminate appropriate time period, this Agreement under such circumstanceswill terminate without further action by either Party (with the exception of Customer obligation to remit payment for any amounts due).

Termination for Material Breach. Either party mayWith the exception of monetary breaches as described in Clause 7.4 (Monetary Breach), without prejudice to its other rights either Party may terminate this Agreement or remedies, give any Statement of Work upon fourteen (14) days written notice to the other party to terminate this Agreement where Party in the other party is in event of a breach of any material breach provision of this Agreement and the breach is not capable of remedy; or the breach is capable of remedy and by the other party Party, provided that, during such fourteen (14) day period, the breaching Party has failed to remedy the breach within thirty (30) days after receiving written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesbreach.

Termination for Material Breach. Either party mayParty may terminate this Agreement upon written notice, without prejudice to its any other rights right or remediesremedy, give written notice to if the other party to terminate this Agreement where the other party is in material breach of Party breaches this Agreement and either the breach cannot be cured or, if the breach can be cured, it is not capable of remedy; or cured by the breach is capable of remedy and the other party has failed to remedy the breach breaching Party within thirty (30) 30 days after receiving the breaching party’s receipt of written notice requiring it to do so. The thirty (30) day period may be extended in the sole discretion of the party that has the right to terminate this Agreement under such circumstancesbreach.