Common use of BREACH AND TERMINATION Clause in Contracts

BREACH AND TERMINATION. You agree that failure to abide by any provision of this Agreement, any operating rule or policy, including our Acceptable Use Policy, or the Dispute Resolution Policy as provided by the governing registry and outlined in an appendix hereto, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name and all other information related to you on our Service. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you. Your willful provision of inaccurate or unreliable information, your willful failure to promptly update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Upon termination we will cease charging your credit card, if applicable, for any monthly service fees as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by us, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees (in the case of a monthly or annual subscription being paid over time). If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs we incur in closing your account. You agree to pay any and all costs incurred by us in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. In addition to the terms set forth herein, certain services may have additional terms regarding termination, which are set forth in the applicable Schedule. In addition, if you have purchased our Service(s), which are sold together as part of a "bundled" package of services, any termination relating to any part of such bundle will terminate all of our Services included in such bundle. For instance, any domain name registered with or maintained by us under this Agreement as part of a package of Services pertaining to that domain name will be cancelled and may thereafter be available for registration by another party. Upon the effective date of termination, we will no longer provide the bundled Service(s) to you, any licenses granted you shall immediately terminate, and you shall cease using such Services immediately; provided, however, that we may, in our sole discretion and subject to your agreeing to be bound by the applicable agreement(s) and to pay the applicable fees, allow you to convert certain Services included in the bundled Services to stand alone Services.

BREACH AND TERMINATION. You agree that failure to abide by If Buyer breaches any provision of this Agreement, any operating rule or policy, including our Acceptable Use Policy, or the Dispute Resolution Policy as provided by the governing registry and outlined in an appendix hereto, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days term of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name and all other information related to you on our Service. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, Contract or any other breach by you. Your willful provision contractual obligation in favor of inaccurate Seller, (a) Seller may choose to defer any or unreliable information, your willful failure to promptly update information provided to usall further shipments or other performance under the Contract and performance of any other contractual obligation in favor of Buyer until Buyer cures its breach, or your failure (b) Seller may immediately terminate the Contract if Buyer fails to respond for over cure such breach within ten (10) days after receipt of written notice from Seller describing such breach. In the event of a termination, all outstanding payment obligations or other indebtedness of Buyer to Seller shall be due and payable no later than fifteen (15) calendar days to inquiries after delivery of notice of termination. Acceptance by us concerning Seller of less than the accuracy of contact details associated with the your registration full amount due shall constitute a material breach of this Agreement and not be a basis waiver of any of Seller's rights under the Contract or applicable law. Notwithstanding any provision in the Contract, Seller shall have no obligation to pay any rebate, issue any credit or make any other payment of any kind to Buyer unless Buyer is fully in compliance with its payment and other obligations under the Contract and any other contractual obligation in favor of Seller. In addition, in the event that Buyer fails to make any payment when due, Seller shall have the right to offset any and all outstanding payment obligations or other indebtedness of Buyer to Seller against any outstanding payment obligations or other indebtedness that Seller or any of its affiliates may owe Buyer. Seller shall have the right to dispose of or recycle scrap packaging materials. Any Buyer supplied raw materials will either be returned to Buyer by Seller for cancellation of the domain name registration. Upon termination we will cease charging your credit cardcredit, if applicable, for any monthly service fees as or disposed of the expiration of the monthly billing cycle in which the termination is effectiveat Buyer’s expense. Unless otherwise specified in writing by us, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees (in the case of a monthly or annual subscription being paid over time). If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs we incur in closing your account. You agree to pay any and all costs incurred by us in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. In addition to the terms set forth herein, certain services may have additional terms regarding termination, which are set forth in the applicable Schedule. In addition, if you have purchased our Service(s), which are sold together as part of a "bundled" package of services, any termination relating to any part of such bundle will terminate all of our Services included in such bundle. For instance, any domain name registered with or maintained by us under this Agreement as part of a package of Services pertaining to that domain name Any Finished Product will be cancelled and may thereafter either sold to Buyer or disposed of at Buyer’s expense. Any Buyer packaging, will be available for registration by another partydisposed of at Buyer’s expense. Upon Any processed material not meeting specification will be disposed of at Buyer’s expense if it is the effective date result of terminationBuyer input, we will no longer provide the bundled Service(s) to you, any licenses granted you shall immediately terminate, and you shall cease using such Services immediately; provided, however, that we may, in our sole discretion and subject to your agreeing to be bound by the applicable agreement(s) and to pay the applicable fees, allow you to convert certain Services included in the bundled Services to stand alone Servicesor at Seller’s expense if as a result of Seller input.

BREACH AND TERMINATION. You agree A. Licensee acknowledges and agrees that failure Licensor would suffer irreparable harm if Licensee were to abide by any provision of materially breach its obligations under this Agreement, any operating rule Agreement and were to continue to produce or policy, including our Acceptable Use Policy, or sell Licensed Products after the Dispute Resolution Policy as provided by the governing registry and outlined cure period set forth in an appendix hereto, may be considered by us to be a material breach this Paragraph 13 and that we may provide a written noticemonetary damages would be insufficient to remedy the harm to Licensor. Accordingly, describing the breach, to you. If within thirty (30) calendar days upon receiving notice from Licensor of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name and all other information related to you on our Service. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you. Your willful provision of inaccurate or unreliable information, your willful failure to promptly update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of any of its obligations under this Agreement Agreement, Licensee shall immediately take whatever steps are necessary to remedy the breach, at its sole cost and be a basis for cancellation expense or shall contest such notice of breach, in writing to Licensor, within five (5) days of receipt thereof. If Licensee does not contest the notice of breach within such five day period or remedy the breach within sixty (60) days from the date Licensor gives Licensee notice of such breach, Licensee shall cease all manufacture and sale of the domain name registrationLicensed Products affected by the breach until the breach is remedied. Upon termination we will cease charging your credit card, If (i) Licensee contests Licensor’s notice of breach within the five day period or if applicable, for any monthly service fees as of (ii) after the expiration of the monthly billing cycle in which sixty (60) day cure period, the termination breach continues, Licensor may apply to a court of competent jurisdiction for appropriate relief. If such court determines that a material breach has occurred and is effectivecontinuing, then Licensee hereby irrevocably and unconditionally consents to the entry of an order by a court of competent jurisdiction granting an injunction against further manufacture or sale of such Licensed Products until such breach is cured. Unless otherwise specified in writing by usWithout limitation to Paragraph 23, you will not receive any refund for payments already made by you as Licensee also hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the date of termination, and, you may incur additional fees (Federal District Court in the case Northern District of a monthly Illinois for any actions, suits or annual subscription being paid over time). If termination proceedings arising out of or relating to this Agreement is due Paragraph 13 and further agrees that service of any process, summons, notice or document by U.S. registered mail to your default hereunder, you shall bear all costs of such termination, including any reasonable costs we incur in closing your account. You agree to pay any and all costs incurred by us in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. In addition to the terms Licensee’s address set forth hereinabove shall be effective service of process for any action, certain services may have additional terms regarding terminationsuit or proceeding brought against Licensee in any such court. Nothing herein shall waive Licensor’s rights to other remedies available, which are set forth either at law or in the applicable Schedule. In addition, if you have purchased our Service(s), which are sold together as part of a "bundled" package of services, any termination relating to any part of such bundle will terminate all of our Services included in such bundle. For instance, any domain name registered with or maintained by us under this Agreement as part of a package of Services pertaining to that domain name will be cancelled and may thereafter be available for registration by another party. Upon the effective date of termination, we will no longer provide the bundled Service(s) to you, any licenses granted you shall immediately terminate, and you shall cease using such Services immediately; provided, however, that we may, in our sole discretion and subject to your agreeing to be bound by the applicable agreement(s) and to pay the applicable fees, allow you to convert certain Services included in the bundled Services to stand alone Servicesequity.

BREACH AND TERMINATION. You agree that failure to abide by Should any provision of this Agreement, Party (the Defaulting Party) commit any operating rule or policy, including our Acceptable Use Policy, or the Dispute Resolution Policy as provided by the governing registry and outlined in an appendix hereto, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name and all other information related to you on our Service. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you. Your willful provision of inaccurate or unreliable information, your willful failure to promptly update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and fail to remedy such breach within 10 (ten) Business Days after the Defaulting Party receives written notice from any other Party (the Aggrieved Party) to remedy such breach, then the Aggrieved Party shall be a basis for cancellation of the domain name registration. Upon termination we will cease charging your credit card, if applicable, for any monthly service fees as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by us, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees entitled (in the case of a monthly or annual subscription being paid over time). If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs we incur in closing your account. You agree to pay any and all costs incurred by us in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. In addition to the terms set forth herein, certain services may have additional terms regarding termination, which are set forth in the applicable Schedule. In addition, if you have purchased our Service(s), which are sold together as part of a "bundled" package of services, any termination relating without prejudice to any part of such bundle will terminate all of our Services included in such bundle. For instance, any domain name registered with or maintained by us its rights under this Agreement as part of a package of Services pertaining or any other Transaction Document and/or at law including any right to claim damages) to claim immediate specific performance; provided that domain name will no Party shall be cancelled and may thereafter be available entitled to cancel or otherwise terminate this Agreement for registration by another partyany reason whatsoever. Upon The Agreement shall terminate if the effective date of termination, we will ESOP Trust no longer provide holds any Ordinary Shares. 7. DISPUTE RESOLUTION In the bundled Service(sevent of any dispute arising out of or relating to this contract, or the breach, termination or invalidity thereof then any party may give written notice to the other party to initiate the procedure set out below. The parties shall first endeavour to settle the dispute by mediation. The parties may agree on the mediation procedure and on the mediator and failing agreement within 5 (five) days of the notice referred to youin clause 7.1 above, the mediation shall take place in accordance with the United Nations Commission on International Trade Law (UNCITRAL) Model Conciliation Rules and the mediator shall be appointed by Tokiso Dispute Settlement Proprietary Limited. If for any licenses granted you shall immediately terminatereason, and you shall cease using such Services immediately; provided, however, that we may, in our sole discretion and subject to your agreeing to be bound including lack of co-operation by the applicable agreement(sparties, a dispute is not settled by mediation within 30 (thirty) days of the notice referred to in clause 7.1 above or such longer period of time as the parties may agree to in writing, the dispute shall be settled by arbitration. The parties may agree on the arbitration procedure and on the arbitrator and, failing agreement within 5 (five) days of the exhaustion of the period referred to in clause 7.4 above, the arbitration shall take place in accordance with the UNCITRAL Arbitration Rules in force at the time of the dispute. The appointing authority in terms of the UNCITRAL Arbitration Rules shall be the Association of Arbitrators (Southern Africa). Unless agreed otherwise the mediation and the arbitration shall be administered by the parties. The number of mediators shall be 1 (one) and the number of arbitrators shall be 3 (three). The place of the mediation and the arbitration shall be Sandton, South Africa. Nothing in this clause 7 shall preclude any Party from seeking interim and/or urgent relief from a Court of competent jurisdiction and to pay this end the applicable feesParties hereby consent to the jurisdiction of the High Court of South Africa, allow you to convert certain Services included in the bundled Services to stand alone ServicesGauteng Local Division, Johannesburg.

BREACH AND TERMINATION. You agree that failure to abide by any provision will be in breach of this Agreement, : (i) if you fail to timely pay any operating rule or policy, including our Acceptable Use Policyamount due to CCI under this Agreement within ten (10) days of the date that it is due, or (ii) if you fail to perform any other obligation under this Agreement, and such failure continues for more than ten (10) days after written notice from CCI; or (iii) if you cancel or repudiate this Agreement or any Service commitment; or (iv) if you are subject to voluntary or involuntary bankruptcy proceedings, make an assignment for the Dispute Resolution Policy benefit of creditors, cease to operate as a going business, become insolvent or seek protection from creditors (each of the foregoing in (iii), “ Bankrupt”), and in any Bankrupt case fail to deliver to CCI within ten (10) days a court order providing for adequate assurance of continued payment for all Services provided by the governing registry and outlined in an appendix hereto, may be considered by us to be a material breach under this Agreement and that we includes a provision for payment of all sums previously billed and all services used but not yet billed, and a deposit of not less than two (2) months of the MRC for all Services, plus applicable taxes and fees. In the event of a breach that is not timely cured, CCI may provide a elect to suspend or terminate any Services and/or this Agreement on written notice, describing the breach, notice to you. CCI retains all remedies available to it by law. If CCI takes action to collect amounts due, or to address any other breach, the prevailing party (with a court judgment) is entitled to reasonable attorneys’ fees and costs. You can terminate this Agreement and/or a Service at any time on written notice to CCI, so long as you pay the applicable cancellation or early termination charge, and all other charges due to CCI. If we fail to perform a material obligation under this Agreement and fail to cure within twenty (20) days after written notice from you or such longer period as may be necessary to do so, or if we are Bankrupt and fail to provide a Service to you, you may terminate this Agreement or the affected Service on thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory written notice to us, that without payment of a cancellation or early termination charge, but you have not breached your obligations under the Agreementremain responsible for all Service charges, then we may delete the registration or reservation of your domain name including taxes and all other information related to you on our Service. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to thatfees, or any other breach by you. Your willful provision of inaccurate or unreliable information, your willful failure to promptly update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Upon termination we will cease charging your credit card, if applicable, for any monthly service fees as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by us, you will not receive any refund for payments already made by you as of until the date of termination, and, you may incur additional fees (in the case of a monthly or annual subscription being paid over time). If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs we incur in closing your account. You agree to pay any and all costs incurred by us in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. In addition to the terms set forth herein, certain services may have additional terms regarding termination, which Services are set forth in the applicable Schedule. In addition, if you have purchased our Service(s), which are sold together as part of a "bundled" package of services, any termination relating to any part of such bundle will terminate all of our Services included in such bundle. For instance, any domain name registered with or maintained by us under this Agreement as part of a package of Services pertaining to that domain name will be cancelled and may thereafter be available for registration by another party. Upon the effective date of termination, we will no longer provide the bundled Service(s) to you, any licenses granted you shall immediately terminate, and you shall cease using such Services immediately; provided, however, that we may, in our sole discretion and subject to your agreeing to be bound by the applicable agreement(s) and to pay the applicable fees, allow you to convert certain Services included in the bundled Services to stand alone Servicesactually terminated.

BREACH AND TERMINATION. You agree that failure to abide by RECTIFICATION PLAN Without limiting any other rights or remedies the Commonwealth may have arising out of or in connection with this Contract, if the Service Provider breaches any provision of this AgreementContract, any operating rule the Commonwealth may by notice require the Service Provider to provide to the Commonwealth within twenty (20) Working Days (or policysuch longer period as specified in the notice) a draft plan which: if the breach is capable of remedy, including our Acceptable Use Policydetails all steps the Service Provider has taken, is taking or will take to remedy the Dispute Resolution Policy as provided by the governing registry and outlined in an appendix hereto, may be considered by us to be a material breach and that we may provide a written notice, describing prevent the reoccurrence of the breach, and the timeframe for remedy of the breach; or if the breach is not capable of remedy, details all steps the Service Provider is taking or will take to youmitigate the effect of the breach and prevent the reoccurrence of the breach, ("Rectification Plan"). The Commonwealth will within a reasonable time after receipt of the draft Rectification Plan review the draft Rectification Plan and notify the Service Provider that it: approves the draft Rectification Plan; approves the draft Rectification Plan subject to minor amendments not affecting overall implementation of the Rectification Plan; or rejects the draft Rectification Plan. The Service Provider acknowledges that the Commonwealth may seek advice from a Practitioner Professional Body before approving a draft Rectification Plan. If the Commonwealth notifies the Service Provider that it approves the draft Rectification Plan under clause 28.2(a), the Service Provider must implement the approved Rectification Plan within thirty the timeframe specified in the approved Rectification Plan. If the Commonwealth notifies the Service Provider that it approves the draft Rectification Plan subject to minor amendments under clause 28.2(b), the Service Provider must: make the amendments specified by the Commonwealth as soon as practicable; and implement the approved Rectification Plan, as amended, within the timeframe specified in the Rectification Plan, as amended. If the Commonwealth notifies the Service Provider that it rejects a draft Rectification Plan under clause 28.2(c), the Commonwealth must provide written notice of any issues in relation to the draft Rectification Plan that the Commonwealth would like addressed. The Service Provider must, within fourteen (3014) calendar days after notification by the Commonwealth, address the issues raised by the Commonwealth and provide to the Commonwealth a new draft Rectification Plan for its review in which case clauses 28.2 to 28.5 apply. The Commonwealth's approval of a draft Rectification Plan does not in any way reduce the Service Provider's responsibility for the Rectification Plan or reduce or vary any of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your Service Provider's obligations under the Agreement, then we may delete the registration or reservation of your domain name and all other information related to you on our Service. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you. Your willful provision of inaccurate or unreliable information, your willful failure to promptly update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Upon termination we will cease charging your credit card, if applicable, for any monthly service fees as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by us, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees (in the case of a monthly or annual subscription being paid over time). If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs we incur in closing your account. You agree to pay any and all costs incurred by us in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. In addition to the terms set forth herein, certain services may have additional terms regarding termination, which are set forth in the applicable Schedule. In addition, if you have purchased our Service(s), which are sold together as part of a "bundled" package of services, any termination relating to any part of such bundle will terminate all of our Services included in such bundle. For instance, any domain name registered with or maintained by us under this Agreement as part of a package of Services pertaining to that domain name will be cancelled and may thereafter be available for registration by another party. Upon the effective date of termination, we will no longer provide the bundled Service(s) to you, any licenses granted you shall immediately terminate, and you shall cease using such Services immediately; provided, however, that we may, in our sole discretion and subject to your agreeing to be bound by the applicable agreement(s) and to pay the applicable fees, allow you to convert certain Services included in the bundled Services to stand alone ServicesContract.

BREACH AND TERMINATION. You agree that failure to abide by any provision of this Agreement, any operating rule or policy, including our Acceptable Use Policy, or the Dispute Resolution Policy Policy, or other Policies as posted on the DNHD website as provided by the governing registry and outlined in an appendix hereto, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name and all other information related to you on our Service. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you. Your willful provision of inaccurate or unreliable information, your willful failure to promptly update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Upon termination we will cease charging your credit card, if applicable, for any monthly service fees as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by us, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees (in the case of a monthly or annual subscription being paid over time). If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs we incur in closing your account. You agree to pay any and all costs incurred by us in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. In addition to the terms set forth herein, certain services may have additional terms regarding termination, which are set forth in the applicable Schedule. In addition, if you have purchased our Service(s), which are sold together as part of a "bundled" package of services, any termination relating to any part of such bundle will terminate all of our Services included in such bundle. For instance, any domain name registered with or maintained by us under this Agreement as part of a package of Services pertaining to that domain name will be cancelled and may thereafter be available for registration by another party. Upon the effective date of termination, we will no longer provide the bundled Service(s) to you, any licenses granted you shall immediately terminate, and you shall cease using such Services immediately; provided, however, that we may, in our sole discretion and subject to your agreeing to be bound by the applicable agreement(s) and to pay the applicable fees, allow you to convert certain Services included in the bundled Services to stand alone Services.

BREACH AND TERMINATION. You agree that failure Without prejudice to abide any rights or remedies SMT may have under these Terms or otherwise under applicable law (including under Articles 61-65 and 71-77 of the CISG), SMT may, by any provision of this Agreementwritten notice to Buyer, any operating rule or policy, including our Acceptable Use Policyterminate with immediate effect these Terms, or any part thereof and any Quote, purchase order, or Confirmation hereunder, without any liability whatsoever, if: (i) Buyer fails to make payment for any Ordered Goods to SMT when due; (ii) Buyer fails to accept conforming Ordered Goods supplied hereunder; (iii) any proceedings in insolvency, bankruptcy (including reorganization) liquidation or winding up are instituted against Buyer, whether filed or instituted by Xxxxx, voluntary or involuntary, a trustee or receiver is appointed over Buyer, or any assignment is made for the Dispute Resolution Policy benefit of creditors of Buyer; or (iv) Buyer violates or breaches any of the provisions of these Terms. Upon occurrence of any of the events referred to hereinabove, all payments to be made by Buyer under these Terms shall become immediately due and payable. In the event of cancellation, termination or expiration of these Terms, Sections 6(B), 7-10, 12(B), 13, 14, 16, 18, and 20-31 shall, to the extent applicable, survive. DELIVERY DATES MODIFICATIONS; CANCELLATION: No order, agreement or any part thereof may be rescheduled or cancelled by Buyer without SMT’s prior written consent. CONFIDENTIALITY: Buyer acknowledges that all technical, commercial and financial data (“Confidential Information”) disclosed to Buyer by SMT and/or SMT’s Related Parties is the confidential information of SMT and/or its Related Parties. Buyer shall not disclose Confidential Information to any third party and shall not use Confidential Information for any purpose other than as provided agreed by the governing registry parties and outlined in an appendix heretoconformance with the transaction contemplated hereunder. Buyer shall restrict disclosure and use of the Confidential Information to its employees on need to know basis only. Without limiting the foregoing, may be considered by us Buyer shall use at least the same degree of care which it uses to be prevent disclosure of its own Confidential Information of like importance, but in no event with less than a material breach and that we may provide a written notice, describing the breachhigh degree of care, to you. If within thirty (30) calendar days prevent the disclosure of the date Confidential Information. Upon SMT’s request, Xxxxx shall promptly return all Confidential Information to SMT or make such other disposition thereof as directed by SMT. Buyer shall, only with the prior approval in writing from SMT, be permitted to disclose Confidential Information under the same obligations as are contained in this Section and Buyer shall be responsible for full compliance by the other parties to whom Confidential Information is disclosed. Buyer shall be liable to SMT for any and all damages, for any loss, disclosure, misuse, and/or misappropriation of the Confidential Information. SMT shall have no obligation to hold any information received from Buyer hereunder in confidence unless such notice, you fail to provide evidenceinformation is covered by a separately negotiated non-disclosure agreement, which is reasonably satisfactory reduced to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name writing and all other information related to you on our Service. Any such breach signed by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you. Your willful provision of inaccurate or unreliable information, your willful failure to promptly update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Upon termination we will cease charging your credit card, if applicable, for any monthly service fees as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by us, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees (in the case of a monthly or annual subscription being paid over time). If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs we incur in closing your account. You agree to pay any and all costs incurred by us in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. In addition to the terms set forth herein, certain services may have additional terms regarding termination, which are set forth in the applicable Schedule. In addition, if you have purchased our Service(s), which are sold together as part of a "bundled" package of services, any termination relating to any part of such bundle will terminate all of our Services included in such bundle. For instance, any domain name registered with or maintained by us under this Agreement as part of a package of Services pertaining to that domain name will be cancelled and may thereafter be available for registration by another party. Upon the effective date of termination, we will no longer provide the bundled Service(s) to you, any licenses granted you shall immediately terminate, and you shall cease using such Services immediately; provided, however, that we may, in our sole discretion and subject to your agreeing to be bound by the applicable agreement(s) and to pay the applicable fees, allow you to convert certain Services included in the bundled Services to stand alone Servicesboth parties.

BREACH AND TERMINATION. You agree that failure Without prejudice to abide any rights or remedies SMT may have under these Terms or otherwise under applicable law (including under Articles 61-65 and 71-77 of the CISG), SMT may, by any provision of this Agreementwritten notice to Buyer, any operating rule or policy, including our Acceptable Use Policyterminate with immediate effect these Terms, or any part thereof and any Quote, purchase order, or Confirmation hereunder, without any liability whatsoever, if: (i) Buyer fails to make payment for any Ordered Goods to SMT when due; (ii) Buyer fails to accept conforming Ordered Goods supplied hereunder; (iii) any proceedings in insolvency, bankruptcy (including reorganization) liquidation or winding up are instituted against Buyer, whether filed or instituted by Buyer, voluntary or involuntary, a trustee or receiver is appointed over Buyer, or any assignment is made for the Dispute Resolution Policy benefit of creditors of Buyer; or (iv) Buyer violates or breaches any of the provisions of these Terms. Upon occurrence of any of the events referred to hereinabove, all payments to be made by Buyer under these Terms shall become immediately due and payable. In the event of cancellation, termination or expiration of these Terms, Sections 6(B), 7-10, 12(B), 13, 14, 16, 18, and 20-31 shall, to the extent applicable, survive. DELIVERY DATES MODIFICATIONS; CANCELLATION: No order, agreement or any part thereof may be rescheduled or cancelled by Buyer without SMT’s prior written consent. CONFIDENTIALITY: Buyer acknowledges that all technical, commercial and financial data (“Confidential Information”) disclosed to Buyer by SMT and/or SMT’s Related Parties is the confidential information of SMT and/or its Related Parties. Buyer shall not disclose Confidential Information to any third party and shall not use Confidential Information for any purpose other than as provided agreed by the governing registry parties and outlined in an appendix heretoconformance with the transaction contemplated hereunder. Buyer shall restrict disclosure and use of the Confidential Information to its employees on need to know basis only. Without limiting the foregoing, may be considered by us Buyer shall use at least the same degree of care which it uses to be prevent disclosure of its own Confidential Information of like importance, but in no event with less than a material breach and that we may provide a written notice, describing the breachhigh degree of care, to you. If within thirty (30) calendar days prevent the disclosure of the date Confidential Information. Upon SMT’s request, Buyer shall promptly return all Confidential Information to SMT or make such other disposition thereof as directed by SMT. Buyer shall, only with the prior approval in writing from SMT, be permitted to disclose Confidential Information under the same obligations as are contained in this Section and Buyer shall be responsible for full compliance by the other parties to whom Confidential Information is disclosed. Buyer shall be liable to SMT for any and all damages, for any loss, disclosure, misuse, and/or misappropriation of the Confidential Information. SMT shall have no obligation to hold any information received from Buyer hereunder in confidence unless such notice, you fail to provide evidenceinformation is covered by a separately negotiated non-disclosure agreement, which is reasonably satisfactory reduced to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name writing and all other information related to you on our Service. Any such breach signed by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you. Your willful provision of inaccurate or unreliable information, your willful failure to promptly update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Upon termination we will cease charging your credit card, if applicable, for any monthly service fees as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by us, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees (in the case of a monthly or annual subscription being paid over time). If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs we incur in closing your account. You agree to pay any and all costs incurred by us in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. In addition to the terms set forth herein, certain services may have additional terms regarding termination, which are set forth in the applicable Schedule. In addition, if you have purchased our Service(s), which are sold together as part of a "bundled" package of services, any termination relating to any part of such bundle will terminate all of our Services included in such bundle. For instance, any domain name registered with or maintained by us under this Agreement as part of a package of Services pertaining to that domain name will be cancelled and may thereafter be available for registration by another party. Upon the effective date of termination, we will no longer provide the bundled Service(s) to you, any licenses granted you shall immediately terminate, and you shall cease using such Services immediately; provided, however, that we may, in our sole discretion and subject to your agreeing to be bound by the applicable agreement(s) and to pay the applicable fees, allow you to convert certain Services included in the bundled Services to stand alone Servicesboth parties.