In the Event of Breach. Either party may terminate this Agreement upon thirty (30) days formal written notice to the other party in the event of a material breach of any provision of this Agreement by the other party, provided that, during the thirty (30) day period, the breaching party fails to cure such breach. Such notice by the complaining party shall expressly state all of the reasons for the claimed breach in sufficient detail so as to provide the alleged breaching party a meaningful opportunity to cure such alleged breach (“Notice”). Upon termination or expiration of this Agreement, Customer shall have no rights to continue use of the Service. If this Agreement is terminated by Customer for any reason other than a termination expressly permitted by this Agreement, Customer agrees that JCurve shall be entitled to all of the fees due under this Agreement for the entire Term. If this Agreement is terminated as a result of a breach on JCurve’s part, JCurve shall refund the pro rata portion of any fee paid by Customer for the terminated portion of the Term.
Appears in 3 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
In the Event of Breach. Either party may terminate this Agreement upon thirty (30) days formal written notice to the other party in the event of a material breach of any provision of this Agreement by the other party, provided that, during the thirty (30) day period, the breaching party fails to cure such breach. Such notice by the complaining party shall expressly state all of the reasons for the claimed breach in sufficient detail so as to provide the alleged breaching party a meaningful opportunity to cure such alleged breach (“Notice”). Upon termination or expiration of this Agreement, Customer shall have no rights to continue use of the Service. If this Agreement is terminated by Customer for any reason other than a termination expressly permitted by this Agreement, Customer agrees that JCurve Jcurve shall be entitled to all of the fees due under this Agreement for the entire Term. If this Agreement is terminated as a result of a breach on JCurveJcurve’s part, JCurve Jcurve shall refund the pro rata portion of any fee paid by Customer for the terminated portion of the Term.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement