Customer’s Termination Liability Sample Clauses

Customer’s Termination Liability. If (a) Customer terminates this Agreement during the Term, for reasons other than (i) for Cause (as hereinafter defined) or (ii) to take service under another arrangement with MCI WorldCom having equal or greater term and volume requirements; or (b) MCI WorldCom terminates this Agreement for Cause, then Customer will pay termination charges in accordance with Schedule One. If Customer terminates a Service Schedule other than in accordance with that Schedule; or (b) MCI WorldCom terminates a Service Schedule in accordance with that Schedule, then Customer will pay termination charges in accordance with the applicable Schedule. As used herein, “Cause” shall mean a failure of the other party to perform a material obligation under this Agreement which failure is not remedied by the defaulting party within thirty (30) days after receipt of written notice thereof.
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Customer’s Termination Liability. If the event of a termination of this Agreement, and without affecting any other rights set forth in this Agreement or an applicable tariff, then Customer will pay, within seven (7) calendar days after such termination, in full, without setoff or deduction: (i) all accrued but unpaid usage and other charges incurred through the date of such termination, plus (ii) in the event of an early termination or a termination for material breach by Customer, the termination charges set forth under an applicable Schedule.
Sample 1
Customer’s Termination Liability. If (a) Customer terminates either the Nasdaq Corporate Network, or this Agreement, prior to the end of the Schedule Five Term other than due to an uncured breach by Company of a material term hereunder, a final order by the SEC that requires Customer to permanently discontinue the Nasdaq Corporate Network, or other than as Customer is expressly permitted herein to terminate without liability, or (b) Company terminates this Agreement early as permitted under Section 12.1, Subsections 12.2(e) or (f), or Section 12.3, Customer will pay, in addition to all accrued but unpaid charges and liabilities incurred through the date of such termination: (i) any and all credits received by Customer hereunder for the Nasdaq Corporate Network (except service interruption credits, if any), in full, without setoff or deduction; plus (ii) an amount equal to **** of the product of (a) the total monthly recurring charge for the Nasdaq Corporate Network incurred by Customer in the month preceding the month of termination, multiplied by (b) the number of unsatisfied months (prorated for partial months) remaining in the Schedule Five Term on the date of termination; plus (iii) the aggregate termination charges payable to any non-U.S. third party suppliers, if any, for which Company is or becomes contractually liable to the extent directly resulting from such termination. Upon written request of Customer, Company will use its reasonable efforts to identify in advance any such termination charges payable to third party suppliers.
Sample 1
Customer’s Termination Liability. If (a) Customer terminates either the Times Square Managed Connection, or this Agreement, prior to the end of the Schedule Eight Term other than due to an uncured breach by Company of a material term hereunder, a final order by the SEC that requires Customer to permanently discontinue the Times Square Managed Connection, or other than as Customer is expressly permitted herein to terminate without liability, or (b) Company terminates this Agreement early as permitted under Section 12 Customer will pay, in addition to all accrued but unpaid charges and liabilities incurred through the date of such termination: (i) any and all credits received by Customer hereunder for the Times Square Managed Connection (except service interruption credits, if any), in full, without setoff or deduction; plus (ii) an amount equal to the product of (a) the total monthly recurring charge for the Times Square Managed Connection incurred by Customer in the month preceding the month of termination, multiplied by (b) the number of unsatisfied months (prorated for partial months) remaining in the Schedule Eight Term on the date of termination; plus (iii) the aggregate termination charges payable to any non-U.S. third party suppliers, if any, for which Company is or becomes contractually liable to the extent directly resulting from such termination. Upon written request of Customer, Company will use its reasonable efforts to identify in advance any such termination charges payable to third party suppliers.
Sample 1

Related to Customer’s Termination Liability

  • Termination Liability If any Pricing Agreement shall be terminated pursuant to Section 7 hereof, the Company shall not then be under any liability to any Underwriter with respect to the Designated Securities covered by such Pricing Agreement except as provided in Section 4(a)(viii) and Section 6 hereof; but, if for any other reason Designated Securities are not delivered by or on behalf of the Company as provided herein, the Company will reimburse the Underwriters through the Representatives for all out-of-pocket expenses approved in writing by the Representatives, including fees and disbursements of counsel, reasonably incurred by the Underwriters in making preparations for the purchase, sale and delivery of such Designated Securities, but the Company shall then be under no further liability to any Underwriter with respect to such Designated Securities except as provided in Section 4(a)(viii) and Section 6 hereof.

  • POST-TERMINATION OBLIGATIONS All payments and benefits to Executive under this Agreement shall be subject to Executive's compliance with this Section 9 for one (1) full year after the earlier of the expiration of this Agreement or termination of Executive's employment with the Holding Company. Executive shall, upon reasonable notice, furnish such information and assistance to the Holding Company as may reasonably be required by the Holding Company in connection with any litigation in which it or any of its subsidiaries or affiliates is, or may become, a party.

  • Cross-Termination Notwithstanding any other provision of this Agreement, (1) BNY Mellon may terminate this Agreement by written notice to Voya if the accounting agreement between the Voya Funds and The Bank of New York Mellon is terminated by either the Voya Funds or The Bank of New York Mellon, effective on the date of termination of such accounting agreement, and (2) Voya may terminate this Agreement if the Voya Funds terminate their accounting agreement with The Bank of New York Mellon for cause, effective on the date of termination of such accounting agreement.

  • Termination Damages If the Term of this Lease is terminated for default, unless and until Landlord elects lump sum liquidated damages described in the next paragraph, Tenant covenants, as an additional, cumulative obligation after any such termination, to pay punctually to Landlord all the sums and perform all of its obligations in the same manner as if the Term had not been terminated. In calculating such amounts Tenant will be credited with the net proceeds of any rent then actually received by Landlord from a reletting of the Premises after deducting all Rent that has not then been paid by Tenant, provided that Tenant shall never be entitled to receive any portion of the re-letting proceeds, even if the same exceed the Rent originally due hereunder.

  • Liability Upon Termination If this Agreement shall be terminated pursuant to Section 8 hereof, the Company shall not then be under any liability to any Underwriter except as provided in Sections 5 and 7 hereof; but, if for any other reason, the Certificates are not delivered by or on behalf of the Company as provided herein, because the Company fails to satisfy any of the conditions set forth in Section 4 hereof or because of any refusal, inability or failure of the Company to perform any agreement herein or to comply with any provision hereof, other than by reason of a default by the Underwriters, the Company will reimburse the Underwriters for all out-of-pocket expenses, including fees and disbursements of counsel, reasonably incurred by the Underwriters in making preparations for the purchase, sale and delivery of such Certificates, but the Company shall then be under no further liability to any Underwriter with respect to such Certificates except as provided in Section 5 and Section 7 hereof.

  • NON-LIABILITY OF SUB-MANAGER In the absence of willful misfeasance, bad faith or gross negligence on the part of the Sub-Manager, or reckless disregard of its obligations and duties hereunder, the Sub-Manager shall not be subject to any liability to the Manager, any Fund or to any shareholder of any Fund, for any act or omission in the course of, or connected with, rendering services hereunder.

  • Termination Obligations (a) Director agrees that all property, including, without limitation, all equipment, tangible proprietary information, documents, records, notes, contracts, and computer-generated materials provided to or prepared by Director incident to his services belong to Company and shall be promptly returned at the request of Company.

  • Benefits Payable Upon Termination Following the end of the Employment Period pursuant to Section 5(a), Executive (or, in the event of his death, his surviving spouse, if any, or if none, his estate) shall be paid the type or types of compensation determined to be payable in accordance with the following table, such payment to be made in the form specified in such table and at the time established pursuant to Section 7 hereof. Capitalized terms used in such table shall have the meanings set forth in Section 5(d) hereof.

  • No Liability for Termination Neither party will be liable to the other for any termination or expiration of this Agreement in accordance with its terms.

  • Non-Liability Subject the terms and conditions of Article 14 and Article 18 hereof, Landlord shall not be liable for damage to any property of Tenant or of others located on the Property, nor for the loss of or damage to any property of Tenant or of others by theft or otherwise. Landlord shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow or leaks from any part of the Property or from the pipes, appliances, or plumbing works or from the roof, street or subsurface or from any other place or by dampness, or by any other cause of whatsoever nature. Landlord shall not be liable for any such damage caused by other tenants or persons in the Property, occupants of adjacent property, of the buildings, or the public or caused by operations in construction of any private, public or quasi-public work. Landlord shall not be liable to Tenant for any damages as the result of any latent defect in the Premises. All property of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only and Tenant shall hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carrier.

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