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(SM)
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. 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 terminate this Agreement upon thirty (30) Days prior written notice to Upstream.
By Participant. As part of the Services received by Participant under this Agreement, Participant may receive market research and other proprietary material owned or licensed by Pronghorn (“Pronghorn Program Materials”). Pronghorn hereby grants to Participant a limited, non-exclusive, worldwide, right and license during the Term to use such Pronghorn Program Materials solely in connection with its own internal business operations. For the avoidance of doubt, Participant has no right to use or to sublicense or otherwise permit any third party to use such Pronghorn Program Materials without the express written permission of Pronghorn in each case.
By Participant. I agree that the minimum commitment required by The Award is the average of an hour a week regularly contributed from the agreed start date until the finish date.
By Participant. Neither this Acknowledgment and Waiver nor any right or interest hereunder shall be assignable or transferable by Key Employee or his or her beneficiaries or legal representatives, except by will or by the laws of descent and distribution. This Acknowledgment and Waiver shall inure to the benefit of and be enforceable by a Key Employee's legal personal representative.
By Participant. Participant may terminate this Agreement without penalty under any of the following circumstances: (i) within the first thirty (30) days after the Effective Date upon at least twenty-four (24) hours prior written notice to Telluride MLS and immediate payment of all amounts due and owing; (ii) on any anniversary date of this Agreement upon at least thirty (30) days prior written notice to Telluride MLS and immediate payment of all amounts due and owing; or (iii) within the first sixty (60) days after Telluride MLS gives notice of an increase in charges with at least twenty-four (24) hours prior written notice to Telluride MLS and the immediate payment of all amounts due and owing to date; (iv) upon the breach by Telluride MLS of this Agreement or any other agreement between Telluride MLS and Participant governing the terms, rights and obligations regarding the use of the MLS, including without limitation the Rules. Notwithstanding the foregoing, Telluride MLS shall have the right to cure any breach cited by Participant as its reason for terminating this Agreement. Telluride MLS’ right to cure shall extend for fourteen (14) days from receipt of notice from Participant. Upon Telluride MLS curing its breach and providing written notice of the cure to Participant, Participant’s termination shall be automatically rescinded, and this Agreement shall remain in effect.
