Scenario for my tech tran folks: a collaboration agreement includes a termination clause providing that either party may terminate the agreement if the other party breaches a "material" term of the agreement + not cured w/in 30 days. The term "material" is not defined therein. The agreement includes mutual warranties.

If a party breaches any warranty in the agreement, is the the other party automatically entitled to terminate the agreement for breach of a material term?

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Likely yes, but you can include language clarifying materiality if you want

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Just define material and save the headache.

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If it’s subject to the material qualifier then you have to provide the breaching party the right to cure. If there is a specific warranty that the company is trying to manage risk over then you need to expressly state that a breach of section x is a breach that can be terminated immediately contrary to the cure period.

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