Effect on Termination. If, for any reason, this Agreement shall terminate or Executive’s employment with the Company shall terminate, then, notwithstanding such termination, those provisions contained in this Section 8 and Sections 6, 7, 9 and 10 hereof shall survive and thereafter remain in full force and effect.
Effect on Termination. Notwithstanding the termination of Executive’s employment with the Company, those provisions contained in Sections 7, 8, 9 and 10 hereof shall remain in full force and effect for the duration of the applicable Restricted Period.
Effect on Termination. Upon termination, you will stop using the Services and you will promptly return or, if instructed by us, destroy any Confidential Information. Sections 3 and 5-8 of these Terms survive termination.
Effect on Termination. If this Agreement or the Employment Period expires or is terminated for any reason, then, notwithstanding such termination, those provisions contained in Sections 6, 7 and 8 hereof shall remain in full force and effect.
Effect on Termination. 7.1 It is hereby agreed that if either party terminates this Agreement pursuant to clause 3.1 (otherwise than on account of material default by other party) the party terminating the Agreement shall indemnify the other party against any expenses (including redundancy or similar costs) directly attributable to such termination.
Effect on Termination. Any termination of this Agreement pursuant to provisions of this Article IX shall be without prejudice to the right of Fuel Manager to collect any amounts then due for services rendered prior to the time of termination, and without waiver of any and all other remedies, including rights of set-off, to which the party not in default may be entitled for violations of this Agreement by the defaulting party.
Effect on Termination. If a Change in Control of the Company occurs during the term of this Agreement and the Executive resigns pursuant to paragraph 3 hereof or the Executive is dismissed without just cause within two (2) years following such Change in Control of the Company, the Executive shall be entitled only to the following payments and benefits on the following terms and conditions:
(a) if the Executive has been employed by or provided on-going services to the Company for 12 months or less:
(i) the Executive shall be entitled to receive as a lump sum the amount obtained by multiplying the Executive's Basic Salary on the date of resignation or dismissal by 6;
(ii) the Executive may exercise all rights which have vested, or would have vested in him at any time in the future had he not resigned or been dismissed, under the Kimber Resources Inc. 2002 Stock Option Plan as it exists at the Termination Date, provide that any such rights which are not exercised before the expiry of 90 days following the Termination Date or before 4:30 p.m., Vancouver time, on the expiration date stated in the stock option agreement in which such rights were granted, whichever is earlier, shall be null and void;
(iii) the Executive shall be entitled to receive as a lump sum the amount which the Company would have to pay to provide for a period of one (1) year from the Termination Date the benefits to which the Executive and his family were entitled immediately before the termination Date under the Benefit Plans (exclusive of bonus or incentive plans, stock option plans, stock purchase plans or similar plans, disability benefit plans and pension plans and supplemental pension plans);
(iv) the Executive shall be entitled to receive, as a lump sum, compensation at the Executive's Basic Salary on the date of resignation or dismissal for any holidays or vacations earned but unpaid up to the Termination Date.
(b) if the Executive has been employed by or provided on-going services to the Company for more than 12 months and less than 36 months:
(i) the Executive shall be entitled to receive as a lump sum the amount obtained by multiplying the Executive's Basic Salary on the date of resignation or dismissal by the number of months and part months that he was employed by the Company;
(ii) the Executive may exercise all rights which have vested, or would have vested in him at any time in the future had he not resigned or been dismissed, under the Kimber Resources Inc. 2002 Stock Option Plan as it exists at t...
Effect on Termination. Upon termination of this Agreement: (i) all rights and licenses granted will terminate immediately; (ii) any and all payment obligations, if any, will be due; and
Effect on Termination. Upon the effective date of expiration or termination of this Agreement: (a) Exodus will immediately cease providing the Internet Data Center Services; (b) any and all payment obligations of Customer under this Agreement will become due immediately; (c) within thirty (30) days after such expiration or termination, each party will return all Confidential Information of the other party in its possession at the time of expiration or termination and will not make or retain any copies of such Confidential Information except as required to comply with any applicable legal or accounting record keeping requirement; and (d) Customer will remove from the Internet Data centers all Customer Equipment and any of its other property within the Internet Data Centers within seven (7) days of such expiration or termination and return the Customer Area to Exodus in the same condition as it was on the Installation Date, normal wear and tear excepted. If Customer does not remove such property within such five-day period, Exodus will have the option to (i) move any and all such property to secure storage and charge Customer for the cost of such removal and storage, and/or (ii) liquidate the property in any reasonable manner.
Effect on Termination. Within thirty (30) calendar days after termination of this Agreement, Licensee shall either deliver to Licensor or destroy all copies of the Licensed Software and Documentation an the drawings, schematics and Documentation relating to the Licensed Hardware (except as provided for in Section 13.6) mad any other materials provided by Licensor to Licensee hereunder in its possession or under its control, and shall furnish to Licensor an affidavit signed by an officer of the Licensee certifying that, to the best of its knowledge, such delivery or destruction has been fully and completely effected. Notwithstanding the foregoing, and provided Licensee fulfills, its obligations specified in this Agreement with respect to such items, Licensee may continue to use and retain copies of the Licensed Software and related Documentation, to the extent, but only to the extent necessary to support and maintain Licensed Software Products rightfully distributed to End Users by Licensee prior to the termination of this Agreement.
