Common use of Effect of Expiration or Termination; Survival Clause in Contracts

Effect of Expiration or Termination; Survival. Upon the expiration or termination of this Agreement for any reason: (a) Customer will immediately cease all access to and use of the Solution and delete all copies of On-Premises Software and the corresponding software keys and certify their deletion in writing; (b) all licenses granted under this Agreement will immediately terminate (except for any license expressly stated to be perpetual) and Forward Networks will immediately cease providing the Solution to Customer; (c) Customer shall, within 30 days of expiration or termination, pay to Forward Networks all outstanding accrued and payable amounts owed by Customer to Forward Networks under this Agreement; and (d) Sections 1, 2.3, 3.2, 3.3, 3.4, 3.5(b), 4, 5.3, 5.4, 6.1, 7.2, 8, 9, 10.3 and 11 shall survive. Neither Party will be liable for exercising any termination right in accordance with this Agreement. Except as expressly provided, expiration or termination of this Agreement shall not release either Party f rom any liability or obligation that had already accrued as of the effective date of expiration or termination, and the expiration or termination shall not constitute a waiver or release of, or otherwise be deemed to prejudice or adversely affect, any rights, remedies or claims, whether for damages, injunctive relief, or otherwise, which a Party may have under this Agreement at law, in equity or otherwise or which may arise out of or in connection with termination.

Appears in 2 contracts

Samples: Customer License Agreement, Customer License Agreement

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Effect of Expiration or Termination; Survival. Upon the expiration or termination of this Agreement for any reason: (a) Customer will immediately cease all access to and use of the Solution and delete all copies of On-Premises Software and the corresponding software keys and certify their deletion in writing; (b) all licenses granted under this Agreement will immediately terminate (except for any license expressly stated to be perpetual) and Forward Networks will immediately cease providing the Solution to Customer; (c) Customer shall, within 30 days of expiration or termination, pay to Forward Networks all outstanding accrued and payable amounts owed by Customer to Forward Networks under this Agreement; and (d) Sections 1, 2.3, 3.2, 3.3, 3.4, 3.5(b), 4, 5.3, 5.4, 6.1, 7.2, 8, 9, 10.3 and 11 shall survive. Neither Party will be liable for exercising any termination right in accordance with this Agreement. Except as expressly provided, expiration or termination of this Agreement shall not release either Party f rom from any liability or obligation that had already accrued as of the effective date of expiration or termination, and the expiration or termination shall not constitute a waiver or release of, or otherwise be deemed to prejudice or adversely affect, any rights, remedies or claims, whether for damages, injunctive relief, or otherwise, which a Party may have under this Agreement at law, in equity or otherwise or which may arise out of or in connection with termination.

Appears in 1 contract

Samples: Customer License Agreement

Effect of Expiration or Termination; Survival. Upon the expiration or termination of this Agreement for any reason: (a) Customer will immediately cease all access to and use of the Solution and delete all copies of On-Premises Software and the corresponding software keys and certify their deletion in writing; (b) all licenses granted under this Agreement will immediately terminate (except for any license expressly stated to be perpetual) and Forward Networks will immediately cease providing the Solution to Customer; (c) Customer shall, within 30 days of expiration or termination, pay to Forward Networks all outstanding accrued and payable amounts owed by Customer to Forward Networks under this Agreement; and (d) Sections 1, 2.3, 3.2, 3.3, 3.4, 3.5(b), 4, 5.3, 5.4, 6.1, 7.2, 8, 9, 10.3 and 11 shall survive. Neither Party will be liable for exercising any termination right in accordance with this Agreement. Except as expressly provided, expiration or termination of this Agreement shall not release either Party f rom from any liability or obligation that had already accrued as of the effective date of expiration or termination, and the expiration or termination shall not constitute a waiver or release of, or otherwise be deemed to prejudice or adversely affect, any rights, remedies or claims, whether for damages, injunctive relief, or otherwise, which a Party may have under this Agreement at law, in equity or otherwise or which may arise out of or in connection with termination. In particular, Customer remains responsible for all fees for the full term specified in an Order Form unless this Agreement is terminated due to material breach by Forward Networks or if expressly provided otherwise in this Agreement.

Appears in 1 contract

Samples: Master Services Agreement

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Effect of Expiration or Termination; Survival. Upon the expiration or termination of this Agreement for any reason: (a) Customer will immediately cease all access to and use of the Solution and delete all copies of On-Premises Software and the corresponding software keys and certify their deletion in writing; (b) all licenses granted under this Agreement will immediately terminate (except for any license expressly stated to be perpetual) and Forward Networks will immediately cease providing the Solution to Customer; (c) Customer shall, within 30 thirty (30) days of expiration or termination, pay to Forward Networks all outstanding accrued and payable amounts owed by Customer to Forward Networks under this Agreement; and (d) Sections 1, 2.3, 3.2, 3.3, 3.4, 3.5(b), 4, 5.3, 5.4, 6.1, 7.2, 8, 9, 10.3 and 11 shall survive. Neither Party will be liable for exercising any termination right in accordance with this Agreement. Except as expressly provided, expiration or termination of this Agreement shall not release either Party f rom from any liability or obligation that had already accrued as of the effective date of expiration or termination, and the expiration or termination shall not constitute a waiver or release of, or otherwise be deemed to prejudice or adversely affect, any rights, remedies or claims, whether for damages, injunctive relief, or otherwise, which a Party may have under this Agreement at law, in equity or otherwise or which may arise out of or in connection with termination.

Appears in 1 contract

Samples: Master Services Agreement

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