Effect ofTermination Clause Samples
Effect ofTermination. 1. Except as provided in subparagraph 3 of this paragraph, upon termination of this Agreement for any reason, the Business Associate shall return or destroy all PHI received from the DES Covered Component, or created or received by the Business Associate on behalf of the DES Covered Component. No copies or data repositories can be retained as to this information.
2. This provision shall apply to PHI in the possession or under the control of subcontractors or agents of the Business Associate. The Business Associate and its subcontractors and agents shall retain no copies or data repositories of any type of returned or destroyed PHI unless ordered to do so by a court of law.
3. If the Business Associate determines that returning or destroying PHI is not feasible, the Business Associate shall provide to the DES Covered Component notification of the conditions making the return or destruction not feasible. The Business Associate shall extend the protections of this Agreement to the PHI and shall limit further uses and disclosures of the PHI to the purpose that make the return or destruction not feasible, for so long as the Business Associate maintains the PHI. If it is not feasible for the Business Associate to recover from a subcontractor or agent any PHI, the Business Associate shall provide a written explanation to the DES Covered Component. The Business Associate shall require the subcontractor or agent to agree:
i. To extend the protections of this Agreement to the PHI in the possession of the subcontractor or agent;and
ii. To limit further uses or disclosures of the PHI to the purpose that makes the return or destruction not feasible, for so long as the subcontractor or agent maintains the PHI.
Effect ofTermination. If this Agreement is terminated pursuant to Section 10.01, this Agreement shall become void and of no effect without liability of any party (or any shareholder, stockholder or Representative of such party) to the other party hereto, except as provided in Section I0.03;providedthat, subject to Section 10.03(e), neither IOI Parent nor the Company shall be released from any liabilities or damages arising out of any (i) fraud by any party, (ii) the Willful Breach by any party of any representation or warranty on the part of such party set forth in this Agreement or (iii) the Willful Breach of any covenant or agreement set forth in this Agreement. The provisions of Section 6.03(b). this Section I 0.02. Section I 0.03 and Article XI (other than Section 11.13) shall survive any termination hereof pursuant to Section 10.01. In addition. the termination of this Agreement shall not affect the parties' respective obligations under the Confidentiality Agreement.
Effect ofTermination. Customerhereby undertakes to deleteany materials developed by UiPath during the PVO,
Effect ofTermination. In the event of termination of this Agreement as provided in paragraph 10.1, this Agreement shall forthwith become void and there shall be no further liability or obligations hereunder on the part of any party hereto or their respective Affiliates except for the obligations of the parties pursuant to this paragraph 10.2 and paragraphs 7.3, 12.6 and 12.7; provided, however, that nothing herein shall relieve either party from liability for any willful breach of this Agreement existing at the time of such termination.
Effect ofTermination. (1) Except as provided in subparagraph (2) of this paragraph, upon termination of this Agreement, for any reason, Business Associate shall return to Partner or destroy all Protected Health Information received from Partner, or created or received by Business Associate on behalf of Partner. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information.
(2) In the event that Business Associate determines that returning or destroying the Protected Health Information is not feasible, Business Associate shall provide to Partner notification of the conditions that make return or destruction not feasible. Upon written notification that return or destruction of Protected Health Information is not feasible, Business Associate shall extend the protections of this Agreement to such Protected Health Information, including but not limited to the confidentiality and security protections provided for in this Agreement until such time as Partner's Protected Health information is returned to Partner. Notwithstanding anything to the contrary herein, it is hereby acknowledged and agreed that upon termination of this Agreement, it will not be feasible for Business Associate to return or destroy the Protected Health Information due to the nature of the services being provided by Business Associate.
Effect ofTermination. Termination of this Agreement shall not affect any rights, obligations, and liabilities of the parties arising out of transactions which occurred prior to terniination. Notwithstanding the foregoing, the parties acknowledge and agree that the City is a municipal corporation and political subdivision of the state of Florida, and as such, this Agreement is subject to budgeting and appropriation by the City of funds sufficient to pay the costs associated herewith in any fiscal year of the City. Notwithstanding anything in this Agreement to the contrary, in the event that no funds are appropriated or budgeted by the City's governing board in any fiscal year to pay the costs associated with the City's obligations under this Agreement, or in the event the funds budgeted or appropriated are, or are estimated by the City to be, insufficient to pay the costs associated with the City's obligations hereunder in any fiscal period, then the City will notify CONSULTANT of such occurrence and either the City or CONSULTANT may terminate this Agreement by notifying the other in writing, which notice shall specify a date of termination no earlier than twenty-four (24) hours after giving of such notice. Termination in accordance with the preceding sentence shall be without penalty or expense to the City of any kind whatsoever; however, City shall pay CONSULTANT for all services performed under this Agreement through the date of termination.