If a party (Defaulting Party):
- commits a breach of any of the terms of this Agreement which:
- is not capable of remedy, or
- is capable of remedy, but the Defaulting Party fails to remedy such breach within 5 days of receiving notice from the other party specifying the breach and requiring the breach to be remedied,
this Agreement will terminate with immediate effect upon the other party giving to the Defaulting Party notice in writing of such breach or failure.