Common use of Termination Upon Default Clause in Contracts

Termination Upon Default. Any one or more of the following events shall constitute an event of default hereunder: (i) the failure of a Party to pay any amounts when due hereunder or (ii) the failure of a Party to perform any material obligation required of it to be performed hereunder, and the failure to cure within sixty (60) days after receipt of notice from the other Party specifying in reasonable detail the nature of such default. Upon the occurrence of an event of default, the non-defaulting Party may deliver to the defaulting Party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting Party serving such notice against the defaulting Party. Termination pursuant to this Section 12.2 shall not relieve the defaulting Party of liability and damages to non-defaulting Party for breach of this Agreement. Waiver by any Party of a single default or a succession of defaults shall not deprive such Party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 3 contracts

Sources: Collaborative License Agreement (Ambrx Biopharma Inc.), Collaborative License Agreement (Ambrx Biopharma Inc.), Collaborative License Agreement (Ambrx Inc)

Termination Upon Default. Any one or more of the following events shall constitute an event of default hereunder: (i) Except as specified in Section 7.4, the failure of a Party to pay any amounts when due hereunder or (ii) the failure of a Party party to perform any material obligation required of it to be performed hereunder, hereunder and the failure to cure within sixty (60) days (or, in the case of any failure by Sponsor to make any payment hereunder when due, within thirty (30) days) after receipt of notice from the other Party party specifying in reasonable detail the nature of such default, shall constitute an event of default hereunder. Upon the occurrence of an event of defaultdefault which is not cured within the applicable notice period, the non-defaulting Party party may deliver to the defaulting Party party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting Party party serving such notice against the defaulting Partyparty. Termination pursuant to this Section 12.2 7.3 shall not relieve the defaulting Party party of liability and damages to the non-defaulting Party party for breach of this Agreement. Waiver by any Party party of a single default or a succession of defaults shall not deprive such Party party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 3 contracts

Sources: Research Funding and Option Agreement, Research Funding and Option Agreement (Synthorx, Inc.), Research Funding and Option Agreement (Synthorx, Inc.)

Termination Upon Default. Any one or more of the following events shall constitute an event of default hereunder: (i) the failure of a Party party to pay any amounts when due hereunder or and the expiration of thirty (30) days after receipt of a written notice requesting the payment of such amount; (ii) the failure of a Party party to perform any material obligation required of it to be performed hereunder, and the failure to cure within sixty (60) days after receipt of notice from the other Party party specifying in reasonable detail the nature of such default. Upon the occurrence of an any event of default, the non-defaulting Party party may deliver to the defaulting Party party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting Party serving such notice against the defaulting Partyparty. Termination pursuant to this Section 12.2 8.2 shall not relieve the defaulting Party of party from liability and damages to non-defaulting Party the other party for breach of this Agreement. Waiver by any Party either party of a single default or a succession of defaults shall not deprive such Party party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 3 contracts

Sources: License Agreement (Optimer Pharmaceuticals Inc), License Agreement (Optimer Pharmaceuticals Inc), License Agreement (Optimer Pharmaceuticals Inc)

Termination Upon Default. Any one or more of the following events shall constitute an event of default hereunder: (i) the failure of a Party party to pay any amounts when due hereunder or and the expiration of thirty (30) days after receipt of a written notice requesting the payment of such amount; and (ii) the failure of a Party party to perform any material obligation required of it to be performed hereunder, and the failure to cure within sixty (60) days after receipt of notice from the other Party party specifying in reasonable detail the nature of such default. Upon the occurrence of an any event of default, the non-non defaulting Party may party shall deliver to the defaulting Party party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-no defaulting Party serving such notice against the defaulting Partyparty. Termination pursuant to this Section 12.2 8.2 shall not relieve the defaulting Party of party from liability and damages to non-defaulting Party the other party for breach of this Agreement. Waiver by any Party either party of a single default or a succession of defaults shall not deprive such Party party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 2 contracts

Sources: Patent License Agreement, License Agreement (Alphatec Holdings, Inc.)

Termination Upon Default. Any one or more of the following events shall constitute an event of default hereunder: (i) the failure of a Party party to pay any amounts when due hereunder or and the expiration of [ * ] after receipt of a written notice requesting the payment of such amount; (ii) the failure of a Party party to perform any material obligation required of it to be performed hereunder, and the failure to cure within sixty (60) days [ * ] after receipt of notice from the other Party party specifying in reasonable detail the nature of such default. Upon the occurrence of an any event of default, the non-defaulting Party party may deliver to the defaulting Party party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting Party serving such notice against the defaulting Partyparty. Termination pursuant to this Section 12.2 8.2 shall not relieve the defaulting Party of party from liability and damages to non-defaulting Party the other party for breach of this Agreement. Waiver by any Party either party of a single default or a succession of defaults shall not deprive such Party party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 2 contracts

Sources: License Agreement (Ista Pharmaceuticals Inc), License Agreement (Ista Pharmaceuticals Inc)

Termination Upon Default. Any one or more of the following events shall constitute an event of default hereunder: (i) Except as specified in Section 7.4, the failure of a Party to pay any amounts when due hereunder or (ii) the failure of a Party party to perform any material obligation required of it to be performed hereunder, hereunder and the failure to cure within sixty (60) days (or, in the case of any failure by Sponsor to make any payment hereunder when due, within thirty (30) days) after receipt of notice from the other Party party specifying in reasonable detail the nature of such default, shall constitute an event of default hereunder. Upon the occurrence of an event of defaultdefault that is not cured within the applicable notice period, the non-defaulting Party party may deliver to the defaulting Party party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting Party party serving such notice against the defaulting Partyparty. Termination pursuant to this Section 12.2 7.3 shall not relieve the defaulting Party party of liability and damages to the non-defaulting Party party for breach of this Agreement. Waiver by any Party party of a single default or a succession of defaults shall not deprive such Party party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 2 contracts

Sources: Research Funding and Option Agreement (Vividion Therapeutics, Inc.), Research Funding and Option Agreement (Vividion Therapeutics, Inc.)

Termination Upon Default. Any one or more of the following events shall constitute an event of default hereunder: (i) the failure of a Party party to pay any amounts when due hereunder or and the expiration of thirty (30) days after receipt of a written notice requesting the payment of such amount; (ii) the failure of a Party party to perform any material obligation required of it to be performed hereunder, and the failure to cure within sixty (60) days after receipt of notice from the other Party party specifying in reasonable detail the nature of such default. Upon the occurrence of an any event of default, the non-defaulting Party may party shall deliver to the defaulting Party party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting Party serving such notice against the defaulting Partyparty. Termination pursuant to this Section 12.2 8.2 shall not relieve the defaulting Party of party from liability and damages to non-defaulting Party the other party for breach of this Agreement. Waiver by any Party either party of a single default or a succession of defaults shall not deprive such Party party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 2 contracts

Sources: License Agreement (Cancervax Corp), License Agreement (Cancervax Corp)

Termination Upon Default. Any one or more of the following events shall constitute an event of default hereunder: (i) the failure of a Party to pay any amounts when due hereunder or and the expiration of thirty (30) days after receipt of a written notice requesting the payment of such amount; (ii) the failure of a Party to perform any material obligation required of it to be performed hereunder, and the failure to cure within sixty (60) days after receipt of notice from the other Party party specifying in reasonable detail the nature of such default. Upon the occurrence of an any event of default, the non-defaulting Party may shall deliver to the defaulting Party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting Party serving such notice against the defaulting Party. Termination pursuant to this Section 12.2 10.2 shall not relieve the defaulting Party of from liability and damages to non-defaulting the other Party for breach of this Agreement. Waiver by any Party either party of a single default or a succession of defaults shall not deprive such Party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 2 contracts

Sources: License Agreement (Cancervax Corp), License Agreement (Cancervax Corp)

Termination Upon Default. Any one or more of the following events shall constitute an event of default hereunder: (i) the failure of a Party party to pay any amounts when due hereunder or and the expiration of fifteen (15) days after receipt of a written notice requesting the payment of such amount; (ii) the failure of a Party party to perform any material obligation required of it its to be performed hereunder, and the failure to cure within sixty (60) days after receipt of notice from the other Party party specifying in reasonable detail the nature of such default. Upon the occurrence of an any event of default, the non-defaulting Party party may deliver to the defaulting Party party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting Party serving such notice against the defaulting Partyparty. Termination pursuant to this Section 12.2 8.2 shall not relieve the defaulting Party of party from liability and damages to non-defaulting Party the other party for breach of this Agreement. Waiver by any Party either party of a single default or a succession of defaults shall not deprive such Party party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 1 contract

Sources: License Agreement (Cyanotech Corp)

Termination Upon Default. Any one or more of the following events shall constitute an event of default hereunder: (i) the failure of a Party party to pay any amounts when due hereunder or and the expiration of fifteen (15) days after receipt of a written notice requesting the payment of such amount; (ii) the failure of a Party party to perform any material obligation required of it to be performed hereunder, and the failure to cure within sixty (60) days after receipt of notice from the other Party party specifying in reasonable detail the nature of such default. Upon the occurrence of an any event of default, the non-defaulting Party party may deliver to the defaulting Party party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting Party serving such notice against the defaulting Party. Termination pursuant to this Section 12.2 8.2 shall not relieve the defaulting Party of party from liability and damages to non-defaulting Party the other party for breach of this Agreement. Waiver by any Party either party of a single default or a succession of defaults shall not deprive such Party party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 1 contract

Sources: License Agreement (Sangamo Biosciences Inc)

Termination Upon Default. Any one or more of the following events shall constitute an event of default hereunder: (i) the failure of a Party party to pay any amounts when due hereunder or and the expiration of fifteen (15) days after receipt of a written notice requesting the payment of such amount; (ii) the failure of a Party party to perform any material obligation required of it to be performed hereunder, and the failure to cure within sixty (60) days after receipt of notice from the other Party party specifying in reasonable detail the nature of such default. Upon the occurrence of an any event of default, the non-defaulting Party party may deliver to the defaulting Party party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting Party serving such notice against the defaulting Partyparty. Termination pursuant to this Section 12.2 8.2 shall not relieve the defaulting Party of party from liability and damages to non-defaulting Party the other party for breach of this Agreement. Waiver by any Party either party of a single default or a succession of defaults shall not deprive such Party party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 1 contract

Sources: License Agreement (Sangamo Biosciences Inc)

Termination Upon Default. Any one or more of the following events shall constitute an event of default hereunder: (i) the failure of a Party party to pay any amounts when due hereunder or and the expiration of fifteen (15) days after receipt of a written notice requesting the payment of such amount (ii) the failure of a Party party to perform any material obligation required of it to be performed hereunder, and the failure to cure within sixty thirty (6030) days after receipt of notice from the other Party party specifying in reasonable detail the nature of such default. Upon the occurrence of an any event of default, the non-defaulting Party party may deliver to the defaulting Party party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting Party serving such notice against the defaulting Partyparty. Termination pursuant to this Section 12.2 7.2 shall not relieve the defaulting Party of party from liability and damages to non-defaulting Party the other party for breach of this Agreement. Waiver by any Party either, party of a single default or a succession of defaults shall not deprive such Party party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 1 contract

Sources: Acquisition Agreement (Avalon Oil & Gas, Inc.)

Termination Upon Default. Any one or more of the following events shall constitute an event of default hereunder: (i) the failure of a Party party to pay any amounts when due hereunder or and the expiration of thirty (30) days after receipt of a written notice requesting the payment of such amount; and (ii) the failure of a Party party to perform any material obligation required of it to be performed hereunder, and the failure to cure within sixty (60) days after receipt of notice from the other Party party specifying in reasonable detail the nature of such default. Upon the occurrence of an any event of default, the non-defaulting Party may party shall deliver to the defaulting Party party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting Party serving such notice against the defaulting Partyparty. Termination pursuant to this Section 12.2 8.2 shall not relieve the defaulting Party of party from liability and damages to non-defaulting Party the other party for breach of this Agreement. Waiver by any Party either party of a single default or a succession of defaults shall not deprive such Party party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 1 contract

Sources: Sublicense Agreement (Prime Number Holding LTD)

Termination Upon Default. Any one Either or more both of the following ------------------------ events shall constitute an event of default hereunder: (ia) the failure of a Party any party to pay any amounts when due hereunder within ten (10) business days after receipt of a written demand therefor; or (iib) the failure of a Party any party to perform any material other obligation required of it to be performed hereunder, and the failure to cure hereunder within sixty thirty (6030) days after receipt of written notice from the other Party party specifying in reasonable detail the nature of such defaultnonperformance. Upon the occurrence of an any event of default, the non-defaulting Party party may deliver terminate this Agreement and the License by delivering to the defaulting Party party written notice of intent to terminate, such thereof. Such termination to shall be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting Party serving such notice against the defaulting Party. Termination pursuant to this Section 12.2 10.1.2 shall not relieve the defaulting Party of party from liability and for damages to non-defaulting Party for breach of this Agreementsuffered by the other party. Waiver by any Party either party of a single default or a succession of defaults shall not deprive such Party party of any its right to terminate this Agreement arising by reason of any subsequent default.

Appears in 1 contract

Sources: License Agreement (Korn Ferry International)