Common use of Changes and Termination Clause in Contracts

Changes and Termination. a. HPE may change or terminate any part or all of these Terms at any time. Changes or termination of part or all of these Terms will be effective thirty (30) days from the notification date, and will be posted on the HPE Partner Portal. HPE may change or terminate a Product Promotion Program without cause at any time with immediate effect by posting on the HPE Partner Portal. b. Each new version of a Product Promotion Program supersedes all other previous versions; as indicated by the version number. c. Any change or termination shall not apply to orders accepted by HPE prior to HPE’s notification, except in the event of non-compliance with these Terms or of an obvious material error in the Product Promotion Program or Partner NSD that you should have noticed. d. However, for Upfront Discount deals, any change or termination shall not apply to orders placed by the T1 Partner prior to HPE’s notification, except in the event of non-compliance with these Terms or of an obvious material error in the Product Promotion Program or Partner NSD that you should have noticed. For Rebate deals, any change or termination occurring on or after T1 shipment date shall not apply, except in the event of non-compliance with these Terms or of an obvious material error in the Product Promotion Program or Partner NSD that you should have noticed. e. In addition, where Partner has an outstanding binding offer which could be accepted by another Partner or End- User, Partner can apply for an HPE exception to extend the duration of the previous version of the Product Promotion Program or Partner NSD for a maximum additional period of thirty (30) days, which exception HPE will not unreasonably refuse.

Appears in 16 contracts

Samples: Hewlett Packard Enterprise Partner Agreement, Hewlett Packard Enterprise Partner Agreement, Hewlett Packard Enterprise Partner Agreement

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