By Participant Sample Clauses

By Participant. In the event of a default of this Agreement by Participant and the failure of Participant to cure such default after notice and opportunity to cure as provided herein, THISCO shall be entitled (i) to terminate this Agreement and THISCO's obligations and duties set forth herein shall cease (ii) to cease use of all Materials, the Internet Pages and any and all other Materials used by, developed, or created by THISCO in the performance of this Agreement, and (iii) pursue any and all claims for fees and costs agreed to be paid pursuant to this Agreement with offset for mitigation resulting from THISCO's terminated obligation to continue to develop and create Internet Pages as required by the TravelWeb Order Form. It is acknowledged and agreed by Participant that the damages to THISCO for a default on this Agreement by Participant would be difficult, if not impossible, to measure and that the balance unpaid on any TravelWeb Order Form is a fair and reasonable estimate of THISCO's damages in the event of such default and shall be the total amount due THISCO in such event.

By Participant. In the event of a default of this Agreement by Participant and the failure of Participant to cure such default after notice and opportunity to cure as provided herein, TWI shall be entitled (i) to terminate this Agreement and TWI's obligations and duties set forth herein shall cease (ii) to retain Materials, the Internet Pages and any and all other Materials used by, developed, or created by TWI in the performance of this Agreement, and (iii) pursue any and all claims for fees and costs agreed to be paid pursuant to this Agreement without any offset for mitigation resulting from TWI's terminated obligation to continue to develop and create Internet Pages as required by the TravelWeb(TM).

By Participant. Participant may withdraw from VanClub at any time. Participant may terminate this Agreement via email at xxxx@xxxxxxx.xxx, at least five (5) business days prior to withdrawing from VanClub. If the Coordinator is the Participant that withdraws from the Subsidy Program, then the final RCTC VanClub subsidy will be prorated during the last month of participation based on the number of days the vanpool was in operation that month. No payment of the final vanpool subsidy to the Vendor shall be made until the final Participant report has been completed and submitted to XxxXxxx.xxx. RCTC has no liability or responsibility for any lease costs or fees, including termination costs, fees or penalties, between Participant, Coordinator and/or Vendor. All responsibilities, obligations, and duties for any lease is solely between and subject to, the lease between Coordinator and each Vendor.

By Participant. Participant may terminate this Agreement upon thirty (30) Days prior written notice to Upstream.

By Participant. A participant may terminate his or her account under the Plan by notifying the Plan Agent, in writing, at Firstar Bank Milwaukee, N.A., c/o LCM Internet Growth Fund, Inc., P. O. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000-0000. Such termination will be effective immediately if notice is received by the Plan Agent prior to the distribution record date; otherwise, such termination will be effective, with respect to any subsequent distribution, on the first trading day after the distribution paid for such record date shall have been credited to such participant's account.

By Participant. Participant makes the following representations and warranties to and for the benefit of Originator: (a) Participant has such knowledge and experience in financial and business matters that it is capable of evaluating the merits and assuming the risk of its purchase of its Participation interest in the Loan; (b) Participant has reviewed such materials and the information with respect to Borrower and the Loan as Participant has deemed necessary to make its decision to purchase the Participation Interest, all based solely on its own independent evaluation of the Loan and Borrower's creditworthiness; (c) Participant is purchasing its Participation Interest for its own account for the purpose of investment and not with a view to resale thereof; and (d) Participant has authority to enter into this Agreement and this Agreement has been duly executed by Participant and is binding on and enforceable against it in accordance with its terms.

By Participant. Participant may withdraw from the Vanpool Program at any time. Participant may terminate this Agreement via email at XxxXxx@XxxXxxx.xxx, at least five (5) business days prior to withdrawing from the Vanpool Program. The final XxxXxx Xxxxxxx Program subsidy will be prorated during the last month of participation based on the number of days the vanpool was in operation that month. No payment of the final vanpool subsidy to the Vendor shall be made until the final Participant report has been completed and submitted to XxxxxXxxxx.xxx. WSP and SunLine have no liability or responsibility for any lease costs or fees, including termination costs, fees or penalties, between Participant, Leaseholder and/or Vendor. All responsibilities, obligations, and duties for any lease is solely between and subject to, the lease between Leaseholder and each Vendor.

By Participant. Participant shall have the right to terminate this Agreement upon the occurrence of any of the following events of default ("IDT Events of Default"). (1) failure of IDT to pay any fee or charge payable by it hereunder when the same becomes due, which breach or default is not cured within Five (5) days after notice thereof to Participant; (2) breach or default by IDT of any other term or obligation pursuant to this Agreement or the Operating Procedures Manual, which breach or default is not cured within Thirty (30) days after notice thereof to IDT; (3) IDT files a petition in bankruptcy or for reorganization or for an arrangement pursuant to any federal or state bankruptcy laws, or IDT is adjudicated a bankrupt or becomes insolvent; (4) a petition is filed proposing the adjudication of IDT as bankrupt or insolvent pursuant to any federal or state bankruptcy laws, and; (a) IDT consents to such filing; or (b) such petition is not dismissed by IDT within Ninety (90) days after the filing thereof; or (5) (a) the net Fees to be paid by Participant to IDT, as computed using (i) the Fees set forth on the Fee Schedule delivered by IDT on or before September 1 of any odd numbered year and (ii) the Transactions and services of Participant and its Customers occurring during the month of June for any such year, exceed (b) the net Fees invoiced by IDT to Participant for such month of June, by more than fifteen percent (15%). Upon the occurrence of any IDT Event of Default, Participant shall have the right, but not the obligation, to terminate this Agreement upon written notice of IDT within Thirty (30) days after the IDT Event of Default. Upon any such termination of this Agreement: (1) the entire unpaid amount of any Fees due a Party hereunder shall be deemed immediately due and payable; and (2) IDT shall immediately return to Participant any and all Participant papers, records and other materials in IDT's possession or control. The exercise by Participant of the right of termination provided for herein is a nonexclusive remedy and does not constitute a waiver by Participant of any other rights or remedies available to it under applicable law.

By Participant. Participant represents and warrants to Trustwave that possession and use of information, specifications and data provided by Participant to Trustwave under the terms and conditions of this Agreement will not constitute an infringement upon any patent, copyright, trade secret, or other intellectual property right of any third party.

By Participant i. Within the first thirty days after the execution of this Agreement, the Participant may terminate this Agreement, without penalty, with at least twenty-four hours prior written notice to REcolorado and immediate payment for all Charges incurred to date. ii. The Participant may terminate this Agreement on any anniversary following the effective date of this Agreement, without penalty, with at least thirty days prior written notice to REcolorado and timely payment for all Charges incurred. iii. Within the first sixty days after REcolorado gives notice of an increase in Charges, the Participant may terminate this Agreement, without penalty, with at least twenty-four hours prior written notice to REcolorado and immediate payment for all Charges incurred to date.