Early Termination by Licensee Clause Samples

Early Termination by Licensee. Unless otherwise later agreed to in writing (email is sufficient) between the Parties, in the event Licensee desires to cancel this Agreement, the following will apply: i. if cancellation occurs not less than days prior to the Start Date, Licensee shall receive a full refund of the Deposit (defined below); ii. if cancellation occurs not less than days prior to the Start Date, Licensee shall receive a fifty percent (50%) refund of the Deposit; iii. if cancellation occurs not less than days prior to the Start Date, or after the commencement of the Start Date, Licensee shall not be entitled to a refund of the Deposit; or iv. if cancellation occurs after the commencement of the Start Date, Licensee shall not be entitled to a refund of the Deposit and Licensee shall be liable to Licensor for the entire Studio Fee.

Early Termination by Licensee. Licensee will have the right to terminate this Agreement in full immediately upon written notice to Mascoma in the event that Mascoma materially breaches any covenant, obligation, representation or warranty contained herein and Mascoma does not cure such breach or, if the breach cannot reasonably be cured within the required 90-day period, commence to cure (and Licensee agrees with the cure proposed by Mascoma, which agreement will not be unreasonably withheld, delayed or conditioned) such breach within ninety (90) days after the receipt by Mascoma of written notice specifying the nature of the alleged material breach.

Early Termination by Licensee. Notwithstanding the foregoing, LICENSEE has the right to terminate this Agreement at any time prior to 30 days before the Commencement Date. i. Should the LICENSEE exercise this right at least 30 calendar days prior to the Commencement Date, LICENSEE shall be entitled to a refund of fifty percent (50%) of the License Fee (and such refund shall not include Storefront’s fee). ii. The LICENSEE shall have no right to cancel after 30 days prior to the Commencement Date.

Early Termination by Licensee. If any one or more of the following events occurs: (i) Licensor shall become insolvent, or shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for its reorganization, or the readjustment of its indebtedness under the Federal bankruptcy laws, or under any other law or statute of the United States or any state thereof, or shall consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; (ii) A petition under any part of the Federal bankruptcy laws, or an action under any present or future insolvency laws or statute, shall be filed against Licensor and shall not be dismissed within thirty (30) days after the filing thereof; or (iii) Licensor shall materially fail to keep, perform and observe each and every promise, covenant and agreement set forth in this Agreement on its part to be kept, performed or observed, and such breach or default shall continue for a period of more than thirty (30) days after receipt by Licensee of written notice of such breach or default, except where fulfillment of its obligations requires activity over a period of time and Licensee shall have commenced in good faith to perform whatever may be required for fulfillment of its obligations and continued such performance without interruption except for causes beyond its control; then in its discretion Licensee shall have the right to terminate this Agreement.

Early Termination by Licensee. The undersigned student may seek to terminate this Agreement early by submitting a written request to the University at least 60 days prior to the undersigned student’s proposed date of early termination (the “Early Termination Date”). If the University approves the termination request before the undersigned student moves into City Vista, the undersigned student shall be released from this Agreement and may be eligible for a credit refund for the Deposit as set forth below. If the University approves the termination request after the undersigned student moves into City Vista, the undersigned student shall remain obligated to pay room and board charges for the full length of the Agreement unless the University approves in writing an Academic or Military Exception or unless such obligations are otherwise waived, in whole or in part, by the University, in writing, and the undersigned student may be eligible for a credit refund for the Deposit as set forth below. The University will approve a request for an Academic Exception in the following instances: (a) the undersigned student is scheduled to graduate from the University, (b) the undersigned student is enrolled in a University-sanctioned study abroad program or (c) the undersigned student is enrolled in a University-sanctioned for- credit internship which requires daily travel farther than 45 miles from campus. The University will approve a request for a Military Exception if the undersigned student has received official orders requiring military deployment for more than 30 continuous days during the academic year. The undersigned student must submit written documentation evidencing the reason for the request for an Academic or Military Exception as may be required by the University. If the termination request is received on or before June 1, the undersigned student shall receive a 100% credit refund for the Deposit. If the Termination Notice is received after June 1, but on or before July 1, the undersigned student shall receive a 50% credit refund for the Deposit. If the Termination Notice is received after July 1, the Deposit shall be deemed forfeited and the undersigned student shall receive no credit refund for the Deposit. Licensor determines room selection and eligibility to live in City Vista based upon the average credit hours of the Licensees. If one or more Licensee terminates this Agreement, Licensor may cancel the unit assignment for remaining Licensee(s) if the average credit hours of remaini...

Early Termination by Licensee. It is agreed that Licensor's damages if services are cancelled prior to the completion of the Term shall be difficult or impossible to ascertain, thus the amounts set forth herein are intended to establish liquidated damages in the event of cancellation and are not intended as a penalty. In the event Licensee terminates this Agreement, without cause, prior to the conclusion of the Term, Licensee shall pay to Licensor all charges for services provided through the effective date of such cancellation plus a cancellation charge determined as follows: (a) if the Agreement is cancelled prior to the conclusion of the first six months, then the cancellation charge shall be an amount equal to the balance that would otherwise have become due for the unexpired balance of the Term; (b) if the Agreement is canceled after the first six months, such cancellation charge shall be an amount equal to fifty percent (50%) of the balance that otherwise would have become due for the unexpired portion of the Term; (c) if the Agreement is canceled after the twenty- * CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. four (24) months, such cancellation charge shall be an amount equal to twenty-five percent (25%) of the balance that otherwise would have become due for the unexpired portion of the Term. In addition, if Licensee was granted a discount or waiver with respect to any non-recurring charges based on the duration of Licensee's commitment to use the services for a particular term length, then Licensee shall also pay an amount equal to the discount that it received.

Early Termination by Licensee. Licensee may terminate this Agreement for any reason or no reason effective on or after December 31, 2011, provided that written notice of such termination is provided to Martek at least six (6) months prior to the intended effective date of termination.

Early Termination by Licensee. LICENSEE may, at its election, terminate this AGREEMENT immediately upon written notice to LICENSOR: (a) If LICENSOR shall make or suffer any material default on its part under the provisions of this AGREEMENT, and such default shall continue unremedied for sixty (60) days after notice thereof given to LICENSOR by LICENSEE; or (b) If LICENSOR shall choose to not comply with amendments or modifications to Good Manufacturing Practices, under Title 21 of CFR, pursuant to the provisions of Section 3.l(a) of this AGREEMENT, although such noncompliance is not deemed to be a breach of the AGREEMENT under the terms of Section 3.l(a).

Early Termination by Licensee. Licensee shall have the right to terminate this Agreement at any time upon ninety (90) days written notice to Licensor and payment of all amounts due Licensor through the effective date of termination.