Customer’s Right to Terminate i. Right To Terminate: At any time, Customer may cancel or terminate the Agreement with Company by contacting Company at 833-785-7797 or email at xxxxxxxxxxxx@xxxxxxxxxxxxxxx.xxx. If Customer takes action that cancels or terminates this Agreement prior to the end of the Initial Term, unless permitted elsewhere in this Agreement, Company may charge, and Customer agrees to pay the Early Termination Fee stated in the Agreement Summary unless: (i) there are less than 14 days remaining in the term or (ii) Customer moves from the service address of the ESI ID during the Initial Term and provides a forwarding address and reasonable evidence that Customer no longer occupies the location specified in the Agreement. Customer and Company agree that damages for Customer’s early termination of this Agreement are impossible or difficult to determine and that the Early Termination Fee is a reasonable estimate of the damages that would result from Customer’ terminating the Agreement before the end of the Initial Term. Please contact Company at least seven (7) business days before moving. Customer remains responsible for all charges incurred through the date the TDU processes the termination.
Customer’s Right to Terminate. Customer may terminate this Agreement upon thirty (30) Days prior written notice to SpaceX, as follows:
Customer’s Right to Terminate. Customer may terminate this Catalyst Agreement upon written notice to Supplier:
9.2.1. if Supplier materially breaches any material provision of this Catalyst Agreement and either the breach cannot be cured or, if the breach can be cured, it is not cured by Supplier within thirty (30) calendar days after Supplier’s receipt of written notice of such breach;
9.2.2. if Supplier (i) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law, (ii) makes or seeks to make a general assignment for the benefit of its creditors, or (iii) applies for or has appointed a receiver, trustee, custodian or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.
9.2.3. if Customer terminates any other agreement between Supplier and Customer, due to Supplier’s breach or non-performance thereof in accordance with and as provided under such agreement; or
9.2.4. pursuant to and in accordance with Section 23.3 hereof.
Customer’s Right to Terminate. In addition to any other rights ----------------------------- or remedies to which Customer may be entitled under this Agreement, in the event that:
(i) Vendor commits a material breach of this Agreement, which breach is not cured within thirty (30) calendar days after notice of breach from Customer to Vendor;
(ii) Vendor commits repeated material breaches of this Agreement, even if cured;
(iii) Vendor violates either Section 3.2 (Resale of Dedicated Resources) or Vendor's core obligations with respect to the most-favored customer provisions set forth in the Schedules (e.g., Section 8.3(b) of Schedule B); or
(iv) there is a total or near-total outage of any of the Services that, while it may last fewer than thirty (30) calendar days, is widespread and prolonged enough to justify a reasonable person, considering all relevant industry standards, to terminate the Agreement, then Customer may, at its option and in its sole discretion, exercise the Agreement Termination Right for cause; provided, however, if Customer's termination for cause right is solely related to the Other Services, Customer may only exercise the Agreement Termination Right with respect to the Other Services. In the event of a termination of Customer's obligations with respect to the Purchase Commitments as a result of termination of the Agreement or any Schedule, Customer shall have no further liability to Vendor with respect to such -------------------------------------------------------------------------------- Network Services Agreement America Online, Inc./BBN Corporation CONFIDENTIAL CONFIDENTIAL TREATMENT REQUESTED Purchase Commitments. To the extent new services are added to this Agreement, defaults will be as specified therein.
Customer’s Right to Terminate. Customer may terminate this Agreement, at its option, either in its entirety or, if the breach affected only one or more countries of the Recro Territory, with respect to affected countries, at any time if Supplier materially breaches the Agreement, and such material breach is not cured by Supplier within ninety (90) days after Customer provides Supplier with written notice of such breach. Notwithstanding the foregoing, if Supplier is unable to remedy such breach for causes beyond its reasonable control within such 90 day period, then this Agreement may not be terminated so long as Supplier has presented prior to the end of the aforementioned 90 day period a reasonable plan for curing such breach, and thereafter is pursuing in accordance with such plan a cure of such breach in a timely manner and can demonstrate that it is taking all diligent actions possible to cure such breach.
Customer’s Right to Terminate. Provided Customer is not currently in default of a material provision of this Agreement, Customer may terminate this Agreement upon [***…***] prior written notice to SpaceX, as follows:
Customer’s Right to Terminate. If SpaceX is unable to provide Basic Launch Services within twelve (12) months following the Estimated Launch Date (with the exception of additional time resulting from an excusable delay as defined by section 10.1), Customer will, subject to a thirty (30) day written notice to SpaceX, have the option of terminating this Agreement. Separately, in the event of failure by SpaceX to comply with any other material provision of this Agreement after having been given a ninety (90) day period to cure such non-performance, Customer will have the option of terminating this Agreement. Upon such termination, Customer shall be entitled to receive a refund within 30 days of all payments actually made by Customer and received by SpaceX for Basic Launch Services pursuant to this Agreement (minus any penalties paid to SpaceX pursuant to Section 10.2 and any payments attributable to Federal range usage, payload integration fees, or third-party liability insurance fees, if applicable) up to the date of Termination and SpaceX shall have no further obligations or liability to Customer. The right to terminate and receive a refund is Customer's sole and exclusive remedy for termination in the event of delay in the launch of the Payload. Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to a confidentiality request. Omissions are designated [*** ***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission.
Customer’s Right to Terminate. 21.1 The Customer has the right to terminate the Rental Contract at any time by:
(a) returning the Goods to Rent Smarte; and
(b) paying the Rental Instalment from the date of termination to the end date of the Rental Contract; and
(c) paying all reasonable ascertainable and calculated expenses Rent Smarte incurs in the recovery of the Goods.
Customer’s Right to Terminate. The Customer may terminate this Agreement if the Supplier breaches any clause of this Agreement and such breach is not remedied within 30 days of written notice by the Customer to the Supplier (such notice providing sufficient details of the breach).
Customer’s Right to Terminate. Candeo may terminate this Material Supply Agreement:
(i) With the prior written consent of Can-Cal;
(ii) If any court of competent jurisdiction or any governmental, administrative or regulatory authority, agency or body shall have issued an order, decree or ruling or taken any other action permanently enjoining, restraining or otherwise prohibiting the transactions contemplated by this Material Supply Agreement;
(iii) In the event that Can-Cal files a petition in bankruptcy or be adjudicated a bankrupt or insolvent, or make an assignment for the benefit of creditors or an arrangement pursuant to any bankruptcy law, or discontinue or dissolve its business, or if a receiver is appointed for Can-Cal’s business and such receiver is not discharged within thirty (30) days; or
(iv) If Can-Cal breaches any of its representations or warranties hereof or fails to perform in any material respect any of its covenants, agreements or obligations under this Material Supply Agreement, without curing such failure with ten (10) days written notice thereof (or moving to cure such failure is the event of such failure cannot be feasibly cured within such period).
