By Dealer Sample Clauses

By Dealer. The Dealer may terminate or not renew this agreement at any time at will by giving the Company at least thirty (30) days prior written notice thereof.

By Dealer. Subject to the limitations set forth in this Agreement, Dealer will indemnify and defend Uplink and Uplink’s affiliates and their respective officers, directors, employees, agents, and third-party service providers from and against all claims, damages, losses, liabilities, costs, expenses (including reasonable attorneys’ fees) arising out of a claim by a third-party and to the extent resulting from (a) Dealer’s breach of, negligence, or misconduct under this Agreement; (b) acts or omissions of Dealer’s Customers related to this Agreement; or (c) the combination, integration, or incorporation of Uplink Solutions with Dealer Solutions and/or other of Dealer’s and/or any third-party’s products or services.

By Dealer. Notwithstanding anything to the contrary herein, Company agrees that any delivery of Shares or Share Termination Delivery Property shall be effected by book-entry transfer through the facilities of DTC, or any successor depositary, if at the time of delivery, such class of Shares or class of Share Termination Delivery Property is in book-entry form at DTC or such successor depositary. Notwithstanding anything to the contrary herein, to the extent the provisions of Rule 144 of the Securities Act or any successor rule are amended, or the applicable interpretation thereof by the Securities and Exchange Commission or any court change after the Trade Date, the agreements of Company herein shall be deemed modified to the extent necessary, in the opinion of outside counsel of Company, to comply with Rule 144 of the Securities Act, as in effect at the time of delivery of the relevant Shares or Share Termination Delivery Property.

By Dealer. This Agreement will inure to the benefit of, and be binding upon, Dealer and its successors and assigns, but will not be assignable by Dealer without the prior written consent of Company. Such content shall not be reasonably withheld as long as any assignee agrees to be bound by the terms of this Agreement. However, the Company hereby specifically agrees to the assignment of Dealer's rights and obligations pursuant to this Agreement to any of the entities set forth in Section 1(d) without consent of the Company. Dealer shall only be obligated to notify the Company in writing of the effective date of assignment, name, addresses and other relevant contact information required for the fulfillment of the obligations set forth in this Agreement.

By Dealer. In view of the personal nature of this Agreement, the rights, privileges and obligations conferred on Dealer under this Agreement are not transferable, assignable or salable by Dealer without the prior written consent of Case IH, and no property right or interest, direct or indirect, is sold, conveyed or transferred to Dealer under this Agreement. Any attempt by Dealer to assign its rights or obligations under this Agreement without Case IH’s written consent shall be null and void. US 6360r2

By Dealer. Dealer may terminate this Agreement by written notice to Franchisor. Termination will be effective 30 days after Franchisor's receipt of the notice, unless otherwise mutually agreed in writing.

By Dealer. 23 (2) By Agreement...................................................23 (3) Failure to be Licensed.........................................23 (4) Misrepresentation, Failure to Conduct Operations, or Disqualification or Change of Dealer Operator or Owner....................................24 (5) Failure of Performance.........................................24 (6) Reliance on Any Applicable Termination Provision......................................................24 (7) Option to Purchase.............................................25 B. Transactions after Termination......................................25 (1) Orders.........................................................25 (2) Deliveries.....................................................25 (3) Effect of Transactions after Termination.......................26

By Dealer. DEALER will indemnify, defend, and hold SAVI, its parent, affiliates, agents and employees harmless from and against any and all claims arising from DEALER negligence or willful misconduct, and from DEALER breach of this AGREEMENT including making any false or misleading statements about PRODUCT. SAVI agrees to give DEALER prompt written notice of any such claims, to tender the defense to DEALER, cooperate fully with any investigative or other requests, and to grant DEALER the right to control settlement and resolution. DEALER agrees to pay all costs finally awarded by a court of competent jurisdiction or agreed in a settlement of any such claim, including reasonable attorney fees and costs.

By Dealer. If Dealer defaults under Sections 3, 6, 10, 18, 21, 26 or 27 of this Agreement, then Simmons shall send Dealer a written notice outlining in detail the alleged default. Dealer shall have a period of thirty (30) days from the date of receipt of such notice to cure such default. If Dealer fails to cure the breach within such 30-day period, then, in that event, Simmons shall have the right to terminate this Agreement immediately upon written notice to Dealer.

By Dealer. DEALER may terminate this Agreement by giving written notice to COMPANY. Termination will be effective thirty (30) days after COMPANY's receipt of notice, unless otherwise mutually agreed in writing.