D&B Right To Terminate Clause Samples

D&B Right To Terminate. If, following the discussions provided for in Section 21.3, (i) D&B is ***, and (ii) Ensono fails to cure (or provide a plan reasonably likely to cure) the basis upon which the Loan Agreement Default Notice was given within ***, D&B may terminate this Agreement and any SOWs ***; provided that, in such event: (a) Subject to Section 21.4(b), D&B shall be obligated to pay Ensono *** of the amount of the Termination For Convenience Charge that would have been payable as of the effective date of termination had D&B’s termination been for convenience pursuant to Section 23.4. ***. (b) If, the termination by D&B pursuant to this Section 21.4 is (i) based on a Red Event (as hereinafter defined) or (ii) if, prior to the effective date of termination of this Agreement and any SOWs pursuant to this Section 21.4, (A) a Chronic or Extreme Service Level Failure (as defined in Section 10.2(b)) or (B) a Red Event occurs, D&B shall ***. (c) D&B’s right to terminate as described in Section 21.4(a) and Section 21.4(b) shall be cancelled with respect to the particular instance giving rise to the right to terminate if (x) Ensono cures the basis upon which the Loan Agreement Default Notice was given, (y) such cure was prior to D&B having given notice of termination, and (z) D&B had not been granted a right to terminate pursuant to Section 21.4(a) or 21.4(b) more than *** in the immediately preceding ***. In the event that D&B’s right to terminate is not cancelled because the condition in (z) above was not satisfied, the applicable termination right shall remain until the date *** following the date Ensono cures the basis upon which the applicable Loan Agreement Default Notice was given.