Common use of End of Agreement Clause in Contracts

End of Agreement. Services provided under this Software-as-a-service agreement shall be provided for the period defined in the ordering document unless earlier terminated in accordance with the agreement. The term of the services and any renewal years are collectively defined as the “services term.” At the end of the services term, all rights to access or use the services, including the Ion Channel programs listed in the ordering document, shall end. If either of us breaches a material term of the agreement and fails to correct the breach within 30 days of written specification of the breach, then the breaching party is in default and the non- breaching party may terminate the applicable ordering document under which the breach occurred. If Ion Channel ends the ordering document as specified in the preceding sentence, you must pay within 30 days all amounts which have accrued prior to such end, as well as all sums remaining unpaid for the services ordered under the agreement plus related taxes and expenses. The nonbreaching party may agree in its sole discretion to extend the 30 day period for so long as the breaching party continues reasonable efforts to cure the breach. You agree that if you are in default under the agreement, you may not use the services ordered. In addition, Ion Channel may immediately suspend your password, account, and access to or use of the services (i) if you fail to pay Ion Channel as required under the agreement and do not cure within the first ten days of the 30 day cure period, or (ii) if you violate any provision within sections C, D, N or R of this Software-as-a-service agreement. Ion Channel may terminate the services hereunder if any of the foregoing is not cured within 30 days after Ion Channel’s initial notice thereof. Any suspension by Ion Channel of the services under this paragraph shall not excuse you from your obligation to make payment(s) under the agreement. At your request, and for a period of up to 60 days after the termination of the applicable ordering document, Ion Channel may permit you to access the services solely to the extent necessary for you to retrieve a file of your data then in the services environment. You agree and acknowledge that Ion Channel has no obligation to retain your data and that your data may be irretrievably deleted after 60 days following the termination of the ordering document. Provisions that survive termination or expiration of the agreement are those relating to limitation of liability, infringement indemnity, payment, and others which by their nature are intended to survive.

Appears in 2 contracts

Samples: Software as a Service Agreement, Software as a Service Agreement

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End of Agreement. Services provided under this Software-as-a-service agreement shall be provided for the period defined in the ordering document unless earlier terminated in accordance with the agreement. The term of the services and any renewal years are collectively defined as the “services term.” At the end of the services term, all rights to access or use the services, including the Ion Channel programs all ABM products listed in the ordering document, shall end. If either of us breaches a material term of the agreement and fails to correct the breach within 30 days of written specification of the breach, then the breaching party is in default and the non- non-breaching party may terminate the applicable ordering document under which the breach occurred. If Ion Channel ABM ends the ordering document as specified in the preceding sentence, you must pay within 30 days all amounts which have accrued prior to such end, as well as all sums remaining unpaid for the services ordered under the agreement plus related taxes and expenses. If ABM ends the services under the Indemnification section, you must pay within 30 days all amounts remaining unpaid for services plus related taxes and expenses. The nonbreaching non-breaching party may agree in its sole discretion to extend the 30 day period for so long as the breaching party continues reasonable efforts to cure the breach. You agree that if you are in default under the agreement, you may not use the services ordered. You further agree that if you have used an ABM Financing Division contract to pay for the fees due under an order and you are in default under that contract, you may not use the services that are subject to such contract. In addition, Ion Channel ABM may immediately suspend your password, account, and access to or use of the services (i) if you fail to pay Ion Channel ABM as required under the agreement and do not cure within the first ten days of the 30 day cure period, or (ii) if you violate any provision within sections C, D, N or R of this Software-as-a-service agreement. Ion Channel may terminate the services hereunder if any of the foregoing is not cured within 30 days after Ion Channel’s initial notice thereof. Any suspension by Ion Channel of the services under this paragraph shall not excuse you from your obligation to make payment(s) under the agreement. At your request, and for a period of up to 60 days after the termination of the applicable ordering document, Ion Channel may permit you to access the services solely to the extent necessary for you to retrieve a file of your data then in the services environment. You agree and acknowledge that Ion Channel has no obligation to retain your data and that your data may be irretrievably deleted after 60 days following the termination of the ordering document. Provisions that survive termination or expiration of the agreement are those relating to limitation of liability, infringement indemnity, payment, and others which by their nature are intended to survive.or

Appears in 1 contract

Samples: End User Agreement

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End of Agreement. Services provided under this Software-as-a-service agreement Agreement shall be provided for the period defined in the ordering document Ordering Document unless earlier terminated in accordance with the agreementAgreement. The term of the services and any renewal years are collectively defined as the “services term.” At the end of the services termServices Term, all rights to access or use the services, Services including the Ion Channel programs listed in Outernets Programs and the ordering documentOuternets Equipment, shall end. If either of us breaches a material term of the agreement and fails to correct the breach within 30 days of written specification of the breach, then the breaching party is in default and the non- non-breaching party may terminate the applicable ordering document Ordering Document under which the breach occurred. If Ion Channel Outernets ends the ordering document Ordering Document as specified in the preceding sentence, you must pay within 30 days all amounts which have accrued prior to such end, as well as all sums remaining unpaid for the services Services ordered under the agreement Agreement plus related taxes and expenses. The nonbreaching party may agree in its sole discretion to extend the 30 30-day period for so long as the breaching party continues reasonable efforts to cure the breach. You agree that if you are in default under the agreementAgreement, you may not use the services Services ordered. In additionaddition to any remedies that may be provided under this Agreement, Ion Channel may immediately Outernets may, in its sole discretion, terminate the Ordering Document with immediate effect on written notice to you, or suspend your password, account, access and access to or use of the services (i) Services if you fail to pay Ion Channel as required under the agreement and do either (a) have not cure within the first ten days of the 30 day cure period, performed or (ii) if you violate any provision within sections C, D, N or R of this Software-as-a-service agreement. Ion Channel may terminate the services hereunder if complied with any of the foregoing is not cured within 30 days after Ion Channel’s initial notice thereofterms of this Agreement, in whole or in part or (b) become insolvent, dissolve, liquidate, file a petition for bankruptcy, or commence or have commenced against you proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors. Any suspension by Ion Channel Outernets of the services Services under this paragraph shall not excuse you from your obligation to make payment(s) under the agreementAgreement. Outernets may, in its sole discretion, terminate the Ordering Document at any time, without cause, by providing at least 45 days’ prior written notice to you. At your request, and for a period of up to 60 days after the termination of the applicable ordering documentOrdering Document, Ion Channel Outernets may permit you to access the services Services solely to the extent necessary for you to retrieve a file of your data then in the services environment. You agree and acknowledge that Ion Channel Outernets has no obligation to retain your data and that your data may be irretrievably deleted after 60 days following the termination of the ordering document. Provisions that survive termination or expiration of the agreement are those relating to limitation of liability, infringement indemnity, payment, and others which by their nature are intended to surviveOrdering Document.

Appears in 1 contract

Samples: Service Agreement

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