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.
Appears in 5 contracts
Samples: Customer Agreement for Goods and Services, Customer Agreement for Goods and Services, Customer Agreement for Goods and Services
Agreement Term and Termination. 12.1. 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) 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. 12.2 Miraclon may, by written notice to the Customer, terminate the Agreement or suspend the supply of Products immediately in the event (ievent: a) 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) 14 days of the due date; (iib) of any insolvency or bankruptcy proceedings by or against the Customer including appointment of a receiver; (iiic) the Customer is in breach of any material provision of the Agreement or these Miraclon T&C’sAgreement, which is not rectified within thirty (30) 30 days of written notice requiring rectification rectification; and/or (ivd) in the event of the occurrence of anything analogous or having a substantially similar effect to any of these preceding Sections conditions or matters under the Applicable LawLaw 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 Section 10.1, that Miraclon may without liability cancel any outstanding orders, re-possess Equipment and unpaid Consumables orders and provided that that, subject to condition 10.1, Miraclon shall not be liable for any termination damages or compensation however arising.
12.4. 12.3 If the Customer cancels an order for Goods Products 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.
Appears in 2 contracts
Samples: Sales Agreement, Sales Agreement
Agreement Term and Termination. 12.1. 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) 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. 12.2 Miraclon may, by written notice to the Customer, terminate the Agreement or suspend the supply of Products immediately in the event (ievent: a) 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) 14 days of the due date; (iib) of any insolvency or bankruptcy proceedings by or against the Customer including appointment of a receiver; (iiic) 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) 30 days of written notice requiring rectification rectification; and/or (ivd) in the event of the occurrence of anything analogous or having a substantially similar effect to any of these preceding Sections conditions or matters under the Applicable LawLaw 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 Section 10.1, that Miraclon may without liability cancel any outstanding orders, re-possess Equipment and unpaid Consumables orders and provided that that, subject to condition 10.1, Miraclon shall not be liable for any termination damages or compensation however arising.
12.4. 12.3 If the Customer cancels an order for Goods Products 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.
Appears in 2 contracts
Samples: Sales Contracts, Sales Contracts
Agreement Term and Termination. 12.1. 10.1 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 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 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 ServicesServices ("Initial Support Term"). If the autoAuto-renew option in Schedule - Support Services has been selected, then following the End Date, Date the Support Services shall automatically renew for successive twelve (12)-month 12 month periods at the Service Fee indicated in Schedule - Support Services (subject to price increases as described under Section 8.3(see condition 6.2), unless the Customer provides Miraclon with written notice of non-renewal three (3) months 90 days prior to the end of the Initial Support Term or any twelve (12)-month 12 month renewal period.
12.3. 10.2 Miraclon may, by written notice to the Customer, terminate the Agreement or cancel the Support Plan or Software Support License or suspend the supply of Products Support Services immediately in the event (ievent: a) 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) 14 days of the due date; (iib) of any insolvency or bankruptcy proceedings by or against the Customer including appointment of a receiver; c) Customer fails to operate or use the Products in accordance with Miraclon’s specifications, Applicable Law, the use for which it was intended or designed, or for which it has been configured (iiii.e. plate type and size), or if Customer fails to maintain the Products in an environment which meets the requirements set out in the applicable operating manuals or other Miraclon guidelines; d) the Customer is in breach of any material provision of the Agreement or these Miraclon T&C’sAgreement, which is not rectified within thirty (30) 30 days of written notice requiring rectification and/or (ivd) in the event of the occurrence of anything analogous or having a substantially similar effect to any of these preceding Sections conditions or matters under the Applicable LawLaw 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 Section 10.1, that Miraclon may without liability cancel any outstanding orders, re-possess Equipment and unpaid Consumables Orders and provided that that, subject to condition 8.1, Miraclon shall not be liable for any termination damages or compensation however arising.
12.4. If In the event of suspension or termination of Support Services, Miraclon will not be liable to Customer cancels an order for Goods for any reason before shipmentdamage, Miraclon shall be entitled loss of profits or prospective profits of any kind or nature arising out of or alleged to retain have arisen out of such suspension or invoice the Customer ten percent (10%) of the value of the relevant cancelled order and any additional costs incurred by Miraclontermination.
Appears in 1 contract
Samples: Service and Maintenance Agreement
Agreement Term and Termination. 12.1. 10.1 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 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 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 ServicesServices ("Initial Support Term"). If the autoAuto-renew option in Schedule - Support Services has been selected, then following the End Date, Date the Support Services shall automatically renew for successive twelve (12)-month 12 month periods at the Service Fee indicated in Schedule - Support Services (subject to price increases as described under Section 8.3(see condition 6.2), unless the Customer provides Miraclon with written notice of non-renewal three (3) months 90 days prior to the end of the Initial Support Term or any twelve (12)-month 12 month renewal period.
12.3. 10.2 Miraclon may, by written notice to the Customer, terminate the Agreement or cancel the Support Plan or Software Support License or suspend the supply of Products Support Services immediately in the event (ievent: a) 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) 14 days of the due date; (iib) of any insolvency or bankruptcy proceedings by or against the Customer including appointment of a receiver; c) Customer fails to operate or use the Products in accordance with Miraclon’s specifications, Applicable Law, the use for which it was intended or designed, or for which it has been configured (iiii.e. plate type and size), or if Customer fails to maintain the Products in an environment which meets the requirements set out in the applicable operating manuals or other Miraclon guidelines; d) 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) 30 days of written notice requiring rectification and/or (ivd) in the event of the occurrence of anything analogous or having a substantially similar effect to any of these preceding Sections conditions or matters under the Applicable LawLaw 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 Section 10.1, that Miraclon may without liability cancel any outstanding orders, re-possess Equipment and unpaid Consumables Orders and provided that that, subject to condition 8.1, Miraclon shall not be liable for any termination damages or compensation however arising.
12.4. If In the event of suspension or termination of Support Services, Miraclon will not be liable to Customer cancels an order for Goods for any reason before shipmentdamage, Miraclon shall be entitled loss of profits or prospective profits of any kind or nature arising out of or alleged to retain have arisen out of such suspension or invoice the Customer ten percent (10%) of the value of the relevant cancelled order and any additional costs incurred by Miraclontermination.
Appears in 1 contract
Samples: Support Services Agreement
Agreement Term and Termination. 12.1. 10.1 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 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 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 ServicesServices ("Initial Support Term"). If the autoAuto-renew option in Schedule - Support Services has been selected, then following the End Date, Date the Support Services shall automatically renew for successive twelve (12)-month 12 month periods at the Service Fee indicated in Schedule - Support Services (subject to price increases as described under Section 8.3(see condition 6.2), unless the Customer provides Miraclon with written notice of non-non- renewal three (3) months 90 days prior to the end of the Initial Support Term or any twelve (12)-month 12 month renewal period.
12.3. 10.2 Miraclon may, by written notice to the Customer, terminate the Agreement or cancel the Support Plan or Software Support License or suspend the supply of Products Support Services immediately in the event (ievent: a) 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) 14 days of the due date; (iib) of any insolvency or bankruptcy proceedings by or against the Customer including appointment of a receiver; c) Customer fails to operate or use the Products in accordance with Miraclon’s specifications, Applicable Law, the use for which it was intended or designed, or for which it has been configured (iiii.e. plate type and size), or if Customer fails to maintain the Products in an environment which meets the requirements set out in the applicable operating manuals or other Miraclon guidelines; d) the Customer is in breach of any material provision of the Agreement or these Miraclon T&C’sAgreement, which is not rectified within thirty (30) 30 days of written notice requiring rectification and/or (ivd) in the event of the occurrence of anything analogous or having a substantially similar effect to any of these preceding Sections conditions or matters under the Applicable LawLaw 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 Section 10.1, that Miraclon may without liability cancel any outstanding orders, re-possess Equipment and unpaid Consumables Orders and provided that that, subject to condition 8.1, Miraclon shall not be liable for any termination damages or compensation however arising.
12.4. If In the event of suspension or termination of Support Services, Miraclon will not be liable to Customer cancels an order for Goods for any reason before shipmentdamage, Miraclon shall be entitled loss of profits or prospective profits of any kind or nature arising out of or alleged to retain or invoice the Customer ten percent (10%) of the value of the relevant cancelled order and any additional costs incurred by Miraclon.have arisen out of
Appears in 1 contract
Samples: Support Services Agreement
Agreement Term and Termination. 12.1. 12.1 The Agreement shall be effective from and including the Effective Date and shall continue for the Initial Period continuing thereafter for an indefinite term, unless and until either Party terminates the Agreement by giving three (3) 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. 12.2 Miraclon may, by written notice to the Customer, terminate the Agreement as of right, without prior notice and without prior judicial intervention or suspend the supply of Products immediately in the event (ievent: a) 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) 14 days of the due date; (iib) of any insolvency or bankruptcy proceedings by or against the Customer including appointment of a receiver; (iiic) the Customer is in breach of any material provision of the Agreement or these Miraclon T&C’sAgreement, which is not rectified within thirty (30) 30 days of written notice requiring rectification and stipulating that failing such rectification the Agreement will be terminated as of right; and/or (ivd) in the event of the occurrence of anything analogous or having a substantially similar effect to any of these preceding Sections conditions or matters under the Applicable LawLaw 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 Section 10.1, that Miraclon may without liability cancel any outstanding orders, re-possess Equipment and unpaid Consumables orders and provided that that, subject to condition 10.1, Miraclon shall not be liable for any termination damages or compensation however arising.
12.4. 12.3 If the Customer cancels an order for Goods Products 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 or compensation for higher damage incurred by Miraclon.
Appears in 1 contract
Samples: Sales Agreement