Extract to table

Under Federal Rule of Civil Procedure 12(a)(1)(B), a party must serve an answer to a counterclaim within 21 days after being served with the pleading that states the counterclaim

2, pursuant to which a party receiving a Cure Notice must cure the identified breach within 30 calendar days of receipt or the non-breaching party may proceed with termination for Cause

1 provides that neither party shall be liable for failure to perform its obligations under the TSA to the extent such failure is caused by a Force Majeure Event, which is defined in Section 1

As an initial matter, the TSA almost certainly contains a standard "no waiver" provision—a clause providing that the failure of either party to enforce any provision of the TSA shall not constitute a waiver of that party's right to enforce such provision in the future