Common use of Customer’s Right to Terminate Clause in Contracts

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. 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.