Activision Blizzard (ATVI)

Termination for Breach.  If either party materially fails to perform or comply with this Agreement or anyprovision thereof, and fails to remedy the default within [*] after the receipt of notice to that effect, then the other party has the right, at its sole option and upon written notice to the defaulting party, to terminate this Agreement upon written notice; provided that if Publisher is the party that has materially failed to perform or comply with this Agreement, then Microsoft has the right, but not the obligation, to suspend availability of the Online Content during such [*] period.  Any notice of default hereunder must be prominently labeled “NOTICE OF DEFAULT”; provided, however, that if the default is of Sections 10, 12 or Sections 1 or 2 of Exhibit 1, the Non-Disclosure Agreement, or an XDK License, then the non-defaulting party may terminate this Agreement immediately upon written notice, without being obligated to provide a [*] cure period.  The rights and remedies provided in this section are not exclusive and are in addition to any other rights and remedies provided by law or this Agreement.  If the uncured default is related to a particular Software Title or particular Online Content, then the party not in default has the right, in its discretion, to terminate this Agreement itsentirety or with respect to the applicable Software Title or the particular Online Content.