Agreement Term and Termination. This agreement will remain in effect until the expiration or termination of Customer’s Subscription, whichever is earliest. Customer may terminate this agreement at any time by contacting its Reseller. The expiration or termination of this agreement will only terminate Customer’s right to place new orders for additional Products under this agreement.
Agreement Term and Termination. 3.1 The Agreement shall be effective from and including the Effective Date and shall continue, unless earlier terminated as provided herein, until the end of the Consumables Period defined in condition 3.2.
3.2 Kodak will provide Consumables to Customer during the Initial Consumables Period. Thereafter the period in which Kodak will provide Consumables to Customer shall automatically renew for additional periods of one (1) year each unless terminated by either Party by written notice to the other Party at least ninety (90) days prior to the end of the then current period. The Initial Consumables Period together with any extension shall be known as the “Consumables Period”.
3.3 Kodak may, by written notice to the Customer, terminate the Agreement or suspend the supply of Consumables immediately in the event: a) the Customer fails to make any payment due to Kodak; b) of any insolvency or bankruptcy proceedings by or against Customer including appointment of a receiver; c) the Customer is in breach of any material provision of the Agreement, which is not rectified within 30 days of written notice requiring rectification; d) the Customer is in breach of any incurable, material provision of this Agreement; and/or (e) in the event of the occurrence of anything analogous or having a substantially similar effect to any of these preceding conditions or matters under the Applicable Law of any applicable jurisdiction, and to the procedures, circumstances and events which constitute any of those conditions or matters. Such termination shall be without prejudice to the Parties’ accrued rights, provided that, subject to condition 9.1, Kodak may without liability cancel any outstanding orders and provided that Kodak shall not be liable for any termination damages or compensation however arising.
3.4 If Customer cancels an order for Consumables for any reason before shipment, Kodak shall be entitled to retain or invoice the Customer 10% of the value of the relevant cancelled order and any additional costs incurred by Kodak.
3.5 If Kodak manufactures unique plates for Customer, then upon expiration or termination of the Agreement, Customer shall, within 5 days from the date of invoice, purchase all of Kodak’s on-hand inventory of such unique plates and any associated raw materials.
Agreement Term and Termination discusses your and Upwork’s agreement about when and how long this Agreement will last, when and how either you or Upwork can end this Agreement, and what happens if either of us ends the Agreement, as detailed below.
Agreement Term and Termination. 12.1. The Agreement shall be effective from and including the Effective Date and shall continue for the Initial Period continuing thereafter unless and until either Party terminates the Agreement by giving three (3) months’ written notice to the other expiring at the end of the Initial Period or at any time thereafter.
12.2. The Initial Support Term for the provision of Support Services (and any Support Plans and/or Software Support Licenses under it) will be for the Initial Period commencing on the Support Commencement Date set out in Schedule - Support Services and will terminate on the End Date set out in Schedule - Support Services. If the auto-renew option in Schedule - Support Services has been selected, then following the End Date, the Support Services shall automatically renew for successive twelve (12)-month periods at the Service Fee indicated in Schedule - Support Services (subject to price increases as described under Section 8.3), unless the Customer provides Miraclon with written notice of non-renewal three (3) months prior to the end of the Initial Support Term or any twelve (12)-month renewal period.
12.3. Miraclon may, by written notice to the Customer, terminate the Agreement or suspend the supply of Products immediately in the event (i) that the Customer fails to make any payment due to Miraclon or to a finance company financing the Equipment, and/or Software within fourteen (14) days of the due date; (ii) of any insolvency or bankruptcy proceedings by or against the Customer including appointment of a receiver; (iii) the Customer is in breach of any material provision of the Agreement or these Miraclon T&C’s, which is not rectified within thirty (30) days of written notice requiring rectification and/or (iv) of the occurrence of anything analogous or having a substantially similar effect to any of these preceding Sections or matters under the Applicable Law. Such termination shall be without prejudice to the Parties’ accrued rights, provided that, subject to Section 10.1, Miraclon may without liability cancel any outstanding orders, re-possess Equipment and unpaid Consumables and provided that Miraclon shall not be liable for any termination damages or compensation however arising.
12.4. If the Customer cancels an order for Goods for any reason before shipment, Miraclon shall be entitled to retain or invoice the Customer ten percent (10%) of the value of the relevant cancelled order and any additional costs incurred by Miraclon.
Agreement Term and Termination. 3.1 The Agreement shall be effective from and including the Effective Date and shall continue, unless earlier terminated as provided herein, until the end of the period in which Kodak is to provide Goods and/or Services hereunder.
3.2 Kodak will provide Consumables to Customer during the Initial Consumables Period. Thereafter the period in which Kodak will provide Consumables to Customer shall automatically renew for additional periods of one (1) year each unless terminated by either Party by written notice to the other Party at least ninety (90) days prior to the end of the then current period. The Initial Consumables Period together with any extension shall be known as the “Consumables Period”.
3.3 The initial support term for the provision of Support Services (and any Support Plans under it) will be for the initial period commencing on the Support Commencement Date set out in Schedule Support Services and ending on the 12 month anniversary of the Support Commencement Date ("Initial Support Term"). Thereafter, Support Services shall automatically renew for successive 12 month periods at the Service Fee indicated in Schedule Support Services subject to price increases (see condition 4.3), unless either Party provides the other Party with written notice of termination in accordance with this condition 3.3. Either Party may terminate Support Services effective on or after the day following the Initial Support Term by providing the other Party with 90 days advance written notice. The Initial Support Term together with any extension shall be known as the “Support Term”.
3.4 The Subscription Program will commence upon the delivery of the license key and shall be for the initial term stated in the Schedule - Subscription Program ("Initial Subscription Term"). Thereafter, the Subscription Program shall automatically renew for successive 12 month periods unless either Party provides the other Party with written notice of termination in accordance with this condition 3.4. Either Party may terminate the Subscription Program effective on or after the day following the Initial Subscription Term by providing the other Party with 90 days advance written notice. The Initial Subscription Term together with any extension shall be known as the “Subscription Term”.
3.5 Kodak may, by written notice to the Customer, terminate the Agreement or suspend the supply of Products immediately in the event: a) the Customer fails to make any payment due to Kodak or to a finance company...
Agreement Term and Termination. The Terms of Service as amended from time to time, will become effective on the later of the Effective Date or your first visit to the Site and will remain in effect for the duration of your use of the Site or Site Services. Unless both you and Upwork expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to xxxxxxxxxxxx@xxxxxx.xxx. If you are using Upwork Payroll, you must legally terminate your relationship with Client or Freelancer, as applicable, before terminating this Agreement. In the event you properly terminate this Agreement, your right to use the Site is automatically revoked, and your Account will be closed; however,
(a) if you have any open Engagements when you terminate this Agreement, you will continue to be bound by this Agreement and the other Terms of Service until all such Engagements have closed on the Site; (b) Upwork will continue to perform those Site Services necessary to complete any open Engagement or related transaction between you and another User; and (c) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the completion of any open Engagements, whichever is later, to Upwork for any Site Services and to any Freelancers for any Freelancer Services. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you, any User with whom you have entered into a Service Contract, or Upwork from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those portions of the Terms of Service necessary to implement the foregoing survive termination of this Agreement for any reason. Without limiting Upwork’s other rights or remedies, we may temporarily suspend, indefinitely suspend, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or other parts of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may c...
Agreement Term and Termination. 20.1 The Agreement shall become effective on the date when we send you a notice about the Account activation as provided in Clause 5.3 and, for any amended versions thereafter (including the amendment to these Terms), in 10 (ten) business days from the date when you are deemed to have received from us a respective written notice via email or through the Trading Platform.
20.2 The Agreement shall remain in full force and effect until terminated in accordance with this Section 20.
20.3 You may terminate the Agreement by giving us a written notice of termination, which will take place no later than 10 (ten) business days after the receipt by us, unless a later date is specified in the notice.
20.4 We may terminate the Agreement by giving you a 10 (ten) business days’ written notice of termination.
20.5 We may terminate the Agreement immediately and without prior notice to you, if:
a) A Force Majeure event has occurred, which have continued for a period of 3 (three) business days;
b) The Event of Default has occurred or is continuing.
20.6 Termination shall be without prejudice to accrued rights and obligations and the existence and enforceability of any open Transaction, which shall continue until closed in accordance with the Agreement, unless otherwise agreed by both Parties.
20.7 Once the notice of termination is sent and before the date of termination of the Agreement or within 5 (five) business days after we notify you of immediate termination under Clause 20.5 or you notify us of your objection to the change and/or modification of these Terms under Clause 2.11, you will have an obligation to close all open Transactions and pay all amounts due to us including (without limitation):
a) All outstanding fees, charges and commissions, including the Swap Fee;
b) Any dealing expenses incurred by terminating the Agreement; and
c) Any losses and expenses realized in closing out any Transactions or settling or concluding outstanding obligations incurred by us on your behalf.
20.8 If you fail to comply with your obligations under Clause 20.7, we may, without notice:
a) Close your open Transactions at the end of day closing prices or at such levels as we consider fair and reasonable;
b) Convert any currency available on your Accounts, combine your Accounts and consolidate cash balances standing to your credit;
c) Exercise our rights under Clause 19.2(a).
20.9 Upon terminating the Agreement, we shall close all your Accounts with us and remit to you the funds standing...
Agreement Term and Termination. 12.1 The Agreement shall, unless otherwise terminated as provided in this clause 12, commence on the Effective Date and shall continue for Term specified in the applicable Order.
12.2 Without affecting any other right or remedy available to it, either party may terminate the Agreement with immediate effect by giving written notice to the other party if: the other party is in breach of this Agreement and if the breach is capable of remedy, fails to remedy such breach within 14 days of receipt of a notice to do so; and/or the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts; enters into or applies for (or calls meetings of members or creditors with a view to) one or more of a moratorium, winding up, administration, liquidation (of any kind, including provisional), or composition or arrangement with creditors; or has any of its property subjected to one or more of the appointment of a receiver (of any kind), enforcement of security, distress, or execution of a judgment (in each case to include similar events under the laws of other countries).
12.3 On termination of the Agreement for any reason: all licences granted under the Agreement shall immediately terminate; each party shall return and make no further use of any equipment, property, Documentation and other items (and all copies of them) belonging to the other party; Sendmarc may destroy or otherwise dispose of any of the End User Data in its possession unless Sendmarc receives, no later than ten days after the effective date of the termination of the Agreement, a written request for the delivery to the End User of the then most recent back-up of the End User Data. Sendmarc shall use reasonable commercial endeavours to deliver the back-up to the End User within 30 days of its receipt of such a written request, provided that the End User has, at that time, paid all fees and charges outstanding at and resulting from termination (whether or not due at the date of termination). The End User shall pay all reasonable expenses incurred by Sendmarc in returning or disposing of End User Data; and any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.
Agreement Term and Termination. 9.1 This Agreement shall become effective upon the Effective Date and shall continue in effect for the Agreement Term unless sooner terminated in accordance with the provisions of this Article. The parties hereto may, however, extend the Agreement Term for additional periods as desired under mutually agreeable terms and conditions which the parties shall reduce to writing and sign. Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party.
9.2 In the event that either party hereto shall commit any breach of or default in any of the terms or conditions of this Agreement, and also shall fail to remedy such default or breach within twenty (20) days (except with respect to a default or breach relating to the insurance requirements of Article 11 hereof, for which the cure period shall be one (1) business day) after receipt of written notice thereof from the other party hereto, the party giving notice may, at its option and in addition to any other remedies which it may have at law or in equity, terminate this Agreement by sending notice of termination in writing to the other party to such effect, and such termination shall be effective as of the date of the receipt of such notice.
9.3 In the event of termination of this Agreement prior to the completion of the Agreement Term, whether for breach or for any other reason whatsoever, University shall be entitled to retain from the payments made by Sponsor prior to termination University’s reasonable costs of concluding work in progress on the Project. Allowable costs include, without limitation, all costs or noncancellable commitments incurred prior to the receipt, or issuance, by University of the notice of termination, and the full cost of each employee, student and faculty member supported under the Project through the end of such commitments. In the event of termination, University shall submit a final report of all costs incurred and all funds received under this Agreement within sixty (60) days after the effective termination date. The report shall be accompanied by a check in the amount of any excess of funds advanced over costs and allowable commitments incurred. In case of a deficit of funds, Sponsor shall pay University the amount needed to cover costs and allowable commitments incurred by University under this Agreement.
9.4 Termination of this Agreement by either party for any reason shall not affect the rights and obligations of the parties accrued prior to...
Agreement Term and Termination. Notwithstanding Paragraph 4(C) and Paragraph 5, each of which may require performance by the Grantee after the Agreement term is completed or the Agreement is terminated, the term of this Agreement shall be from July 1, XXXX to June 30, XXXX. The Grantee further agrees that the requirements of this Agreement pertaining to indemnity in Paragraph 8, records in Paragraph 14, and intellectual property in Paragraph 15, and controlling law in Paragraph 19, shall survive the termination of this Agreement. The Executive Director, after consultation with the Chair of the Commission, may at any time from execution of this Agreement, terminate this Agreement, with or without cause upon 30 days written notice specifying the effective date of such termination. In the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and materials (collectively, “Materials”) prepared by the Grantee under this Agreement shall become the property of the Commission and shall be promptly delivered to the Commission. In the event of termination, the Grantee shall be paid for all work satisfactorily performed until termination. In the event that the Commission makes any advance payments, the Grantee agrees to refund any amounts in excess of the amount owed by the Commission if the Agreement is terminated at the time the Agreement terminated. Such payment shall be that portion of the full payment, which is determined by comparing the work/services completed satisfactorily to the work/services required by the Agreement.
