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 to your credit on one or more your Accounts (after withholding any amounts that we may be entitled to under Clause 27.1) provided there is no current or suspected illegal activity or fraud or relevant instructions from the authorities. 20.10 You will at all times remain liable for the performance of any and all your outstanding payment obligations if the funds withheld under Clause 20.9 are insufficient for the discharge of such obligations. 20.11 Upon terminating the Agreement the following rights and obligations will continue to apply: a) Your obligations regarding the Trading Platform under Section 10; b) Representations and warranties granted by you under Section 18; c) Exclusion of liability under Section 21; d) Any indemnity granted by you under Section 22; e) Your confidentiality obligations under Clauses 33.2 and 33.3;
Appears in 5 contracts
Samples: Terms of Business, Terms of Business, Terms of Business
Agreement Term and Termination. 20.1 The 7.1 This Agreement shall become effective on upon the date when we send you a notice about Effective Date and shall continue in effect for 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 Term unless sooner terminated in accordance with the provisions of this Section 20Article. 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.
20.3 You 7.2 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 9 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.
7.3 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 giving us a written 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. In the event of termination, which will take place no later than 10 University shall submit a final report of all costs incurred and all funds received under this Agreement within sixty (ten60) business days after the receipt effective termination date. The report shall be accompanied by us, unless a later date is specified check in the noticeamount 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.
20.4 We may terminate the 7.4 Termination of this Agreement by giving you a 10 (ten) business days’ written notice of termination.
20.5 We may terminate either party for any reason shall not affect 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 of the existence and enforceability of any open Transaction, which shall continue until closed in accordance with parties accrued prior to the Agreement, unless otherwise agreed by both Parties.
20.7 Once the notice of termination is sent and before the effective date of termination of the Agreement this Agreement. Futhermore, no termination or within 5 (five) business days after we notify you expiration 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 this Agreement, we however effectuated, shall close all your Accounts with us and remit to you release the funds standing to your credit on one or more your Accounts (after withholding any amounts that we may be entitled to under Clause 27.1) provided there is no current or suspected illegal activity or fraud or relevant instructions parties hereto from the authorities.
20.10 You will at all times remain liable for the performance of any and all your outstanding payment obligations if the funds withheld under Clause 20.9 are insufficient for the discharge of such obligations.
20.11 Upon terminating the Agreement the following their respective rights and obligations will continue to apply:
a) Your obligations regarding the Trading Platform under Section Articles 4, 5, 6, 7, 8, 9, 10;
b) Representations , 11, 12, 13, and warranties granted by you under Section 18;
c) Exclusion 17, which such Articles shall survive in their entirety any termination or expiration of liability under Section 21;
d) Any indemnity granted by you under Section 22; e) Your confidentiality obligations under Clauses 33.2 and 33.3;this Agreement.
Appears in 4 contracts
Samples: Research and Development, Research and Development, Research and Testing Agreement
Agreement Term and Termination. 20.1 The a. Subject to the termination provisions set forth below, this Agreement shall become effective on upon execution, and shall continue in effect for an initial term of one (1) year (the date when we send you a notice about “Initial Term”). After the Account activation Initial Term, this Agreement may be extended by the mutual agreement of the parties. Either party shall have the right to terminate this Agreement at anytime upon ninety (90) days prior written notice. If the Agreement expires after the Initial Term or is terminated by either party as provided in Clause 5.3 andthis section 13a, for any amended versions thereafter (including KSMS will complete all Contracts existing as of the amendment day of termination or expiration, subject 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 Platformterms and conditions provided herein.
20.2 The b. Notwithstanding the provisions contained in Section 13a above, Westurn shall have the right to terminate this Agreement shall remain sooner than with ninety (90) days notice if in full force its sole discretion, it determines that KSMS’s actions have caused damage or harm to the Westurn name or reputation. In the event Westurn name has been damaged or harmed, Westurn will notify KSMS in writing of this fact, and effect until terminated in accordance KSMS will then have three (3) days upon receipt to provide Westurn with this Section 20.
20.3 You may terminate its plan of action (“Plan”) to remedy the situation. If after thirty (30) days following Westurn’s receipt of such Plan, Westurn feels the situation cannot be remedied, then the Agreement may be terminated immediately 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 Westurn. If the Agreement by giving you a 10 (ten) business days’ written notice is terminated as provided in this 13b, KSMS retains the right to complete any and all unfinished Contracts as 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 and to collect any and all monies thereon subject to the terms and conditions provided herein.
c. If this Agreement is terminated as provided in 13b, KSMS agrees that the fee provided in 2a shall be five and one-half percent (5.5%) of the Agreement or within 5 (five) business days after we notify you Gross Sales Price of immediate termination under Clause 20.5 or you notify us such Contract obtained and performed by KSMS during the term 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 this Agreement, we instead of the percentages stated in 2a, and that the balance of any Fees not yet paid shall close all your Accounts with us and remit to you be due within ninety (90) days of the funds standing to your credit on one or more your Accounts (after withholding any amounts that we may date of termination. In addition, Westurn shall be entitled to under Clause 27.1) provided there is no current or suspected illegal activity or fraud or relevant instructions from the authorities.
20.10 You will at all times remain liable be paid by KSMS for the performance of any and all your outstanding payment obligations if the funds withheld under Clause 20.9 are insufficient for the discharge actual damages, excluding incidental and consequential damages, occasioned by KSMS’s actions, failure to act, or breach of such obligationsthis Agreement.
20.11 Upon terminating the Agreement the following rights and obligations will continue to apply:
a) Your obligations regarding the Trading Platform under Section 10;
b) Representations and warranties granted by you under Section 18;
c) Exclusion of liability under Section 21;
d) Any indemnity granted by you under Section 22; e) Your confidentiality obligations under Clauses 33.2 and 33.3;
Appears in 1 contract
Samples: Roofing Services Agreement (National Storm Management Inc.)