Exclusive Termination Rights. The Agreement may be terminated:
(a) by either Party with thirty (30) days’ notice to the other Party in the event of the other Party’s material breach of the Agreement (which shall include without limitation any Customer payment delinquency or Customer breach of the Use Policy) and, if such breach is reasonably capable of cure, failure to cure such breach within such notice period, provided that such cure requirement shall not apply with respect to a Customer payment delinquency where there have been two or more such delinquencies;
(b) immediately by either Party upon notice to the other Party where the other Party experiences a Solvency Event;
(c) by 8x8 with thirty (30) days’ notice to Customer in the event that any SaaS Services become subject to an actual or threatened Claim of infringement (an “Infringement Claim”) and avoidance of the alleged infringement via procurement of a license or modification or replacement of the applicable SaaS Services (either or both of which may be exercised by 8x8, at its sole option and expense, in the event of any Infringement Claim) is not commercially feasible;
(d) by 8x8 with thirty (30) days’ notice to Customer in the event that Customer objects to any change to these Terms proposed or made by 8x8 under Section 8 (Change in Terms);
(e) by 8x8 with thirty (30) days’ notice to Customer in the event that 8x8 determines in good faith that such termination is necessary to comply with a law, regulation, or court or administrative order or ruling; or
(f) by Customer through notice provided to 8x8 within the first thirty (30) days after the effective date of Customer’s initial Order, if the Ordered SaaS Services do not satisfy Customer’s requirements, in which case (i) Customer shall be relieved of its Subscription Commitment for any post-termination period and (ii) 8x8 shall refund any Service Fees paid to 8x8 for such post-termination period and any fees paid to 8x8 for the purchase of Ordered Equipment (less a $25.00 (USD) per piece re-stocking fee) that is returned to 8x8 within thirty (30) days after Customer’s notice of termination (with Customer first obtaining a return authorization number from 8x8 and 8x8 providing pre-paid return shipping) in accordance with 8x8’s instructions, in its original packaging, and in an undamaged condition; provided that for avoidance of doubt, Customer shall remain liable for any other amounts incurred under the Agreement, including without limitation any Service Fees for any period ...
Exclusive Termination Rights. This Article 24 (Termination and Force Majeure) and Schedule 6 (Compensation on Termination) contain the entire and exclusive provisions and rights of the Department and the Development Entity regarding termination of this PPA, and any and all other rights to terminate under Applicable Law are hereby waived to the maximum extent permitted by Applicable Law.
Exclusive Termination Rights. This Article 19, together with the express provisions on termination set forth in Articles 17.3.1, and 17.6.1, contain the entire and exclusive provisions and rights of GDOT and DB Team regarding termination of this Agreement, and any and all other rights to terminate at law or in equity are hereby waived to the maximum extent permitted by Law.
Exclusive Termination Rights. This Article 26 contains the entire and exclusive rights of MDOT and the Phase Developer to terminate this Agreement, and any and all other rights to terminate under Applicable Law are waived to the maximum extent permitted by Applicable Law.
Exclusive Termination Rights. This Article 20, together with the express provisions on termination set forth in Sections 19.2.1, 19.4.1 and Article 21 and in Exhibit 21 (
Exclusive Termination Rights. Neither IMC, Savage, Buyer nor Seller may terminate this Agreement for any reason not expressly provided in Section 11.1 hereof. The foregoing notwithstanding, any claim of either Buyer or Seller against the other shall survive beyond the Closing Date as provided in Section 9.3 hereof and neither party shall be deemed to have waived any right solely by virtue of Closing the transactions contemplated by this Agreement.
Exclusive Termination Rights. Neither this Agreement nor the Delivery Period may be terminated for any reason except as specified in this Article XVII and in Section
Exclusive Termination Rights. The Agreement may be terminated:
1. (a) by either Party with thirty (30) days’ notice to the other Party in the event of the other Party’s material breach of the Agreement (which shall include without limitation any Customer payment delinquency or Customer breach of the Use Policy) and, if such breach is reasonably capable of cure, failure to cure such breach within such notice period, provided that such cure requirement shall not apply with respect to a Customer payment delinquency where there have been two or more such delinquencies;
Exclusive Termination Rights. This Article 19 contains the entire and exclusive provisions and rights of the Department and Developer regarding termination of this Agreement, and any and all other rights to terminate under Law are hereby waived to the maximum extent permitted by Law.
Exclusive Termination Rights. This Article 24 (Termination) and Exhibit 6 (Compensation on Termination) contain the entire and exclusive provisions and rights of the Authority and Developer regarding termination of this Agreement, and any and all other rights to terminate under Applicable Law are hereby waived to the maximum extent permitted by Applicable Law.
