Common use of Non-Default Termination of Agreement Clause in Contracts

Non-Default Termination of Agreement. Any time while this Agreement is in effect during which time neither party is in breach of this Agreement, any party to this Agreement may terminate this Agreement upon ninety days (90) days’ notice of termination to be faxed to either party and followed up by written correspondence. Merchant’s representations, obligations and duties shall survive termination of this Agreement and Merchant shall indemnify, defend and hold DCS harmless from all claims, losses and expenses including attorney’s fees relating to any breach of this Agreement and Merchant shall be liable to DCS for all sums of monies due and payable hereunder to DCS leading up to said breach.

Appears in 3 contracts

Samples: Terms and Conditions Booklet, Terms and Conditions Booklet, Terms and Conditions

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Non-Default Termination of Agreement. Any time while this Agreement is in effect during which time neither party is in breach of this Agreement, any party to this Agreement may terminate this Agreement upon ninety days (90) days’ notice of termination to be faxed emailed to either party and followed up by written correspondence. Merchant’s representations, obligations and duties shall survive termination of this Agreement and Merchant shall indemnify, defend and hold DCS harmless from all claims, losses and expenses including attorney’s fees relating to any breach of this Agreement and Merchant shall be liable to DCS for all sums of monies due and payable hereunder to DCS leading up to said breach.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

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Non-Default Termination of Agreement. Any time while this Agreement is in effect during which time neither party is in breach of this Agreement, any party to this Agreement may terminate this Agreement upon ninety days (90) days’ notice of termination to be faxed to either party and followed up by written correspondence. MerchantMERCHANT’s representations, obligations and duties shall survive termination of this Agreement and Merchant MERCHANT shall indemnify, defend and hold DCS harmless from all claims, losses and expenses including attorney’s fees relating to any breach of this Agreement and Merchant MERCHANT shall be liable to DCS for all sums of monies due and payable hereunder to DCS leading up to said breach.

Appears in 1 contract

Samples: Payment Processing Agreement

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