Obligations of the Parties Upon Termination. In the event of termination, Customer shall promptly cease to use any of the material or information produced or provided by Ibbotson and return or destroy any such materials; and within thirty (30) days following such termination, shall provide written certification of such return or destruction to Ibbotson. Customer shall promptly pay all unpaid and outstanding amounts due to Ibbotson that have been accrued as of the date of termination.
Obligations of the Parties Upon Termination. Upon termination of the License, neither Party shall have any further obligations hereunder except for
17 18 A. Obligations accruing prior to the Cure Date;
Obligations of the Parties Upon Termination. 16.1 Within seven (7) calendar days following the effective date of termination of this Agreement in accordance with the terms hereof, MSSI will release to the Company all of the Company’s books and records and such other data which was provided to MSSI by the Company during the term of the Agreement (subject to Article III and excluding all work products of MSSI referred to in Article IV), provided that MSSI receives payment in full of any outstanding and unpaid invoices it has rendered to the Company, as well as payment in full of any fees and Expenses accrued by MSSI in connection with the Engagement prior to the effective date of termination, and provided that MSSI may retain a copy of such materials for corporate retention purposes.
16.2 Notwithstanding the foregoing, the Company will be solely responsible for acquiring, transferring, and/or downloading any and all electronic records from any third-party holders of such records immediately following the effective date of termination, and otherwise prior to the removal of such access by the third-party provider to such electronic records, with such date to be confirmed by the Company.
16.3 Within five (5) calendar days of the termination of this Agreement, the Company shall pay the following to MSSI:
(i) all Monthly Fees, Expenses and other amounts payable to MSSI hereunder and outstanding on the date of termination;
(ii) an amount equal to 20% of the last annual remuneration of MSSI hereunder to provide for the delivery of all records maintained by MSSI hereunder necessary to ensure continuity of service to the Company or to a successor service provider appointed by the Company, and for the expenses of handling subsequent enquiries and correspondence that may continue to be received by MSSI, notwithstanding its termination;
(iii) an amount sufficient to reimburse MSSI for ongoing and future storage fees for the storage of the Company's records which must be retained by MSSI, notwithstanding its termination; and
(iv) If this Agreement is terminated pursuant to any of Sections 14.2, 15.1 or 15.3 hereof, payment in an amount equal to four (4) months of MSSI’s then applicable Monthly Fee.
Obligations of the Parties Upon Termination. (a) All obligations of the parties incurred or existing under this Agreement with respect to transactions occurring on or before the Termination Date shall survive such termination or expiration.
(b) Termination of the Agreement, other than pursuant to Section 2.2 (a) or (c) of this Agreement, will not affect the extent of Customer’s liability for fixed or contingent obligations of Customer arising prior to such termination, including, without limitation, payment by Customer of Customer’s Minimum Annual Obligation and payment by Customer of all trailing transactions pursuant to Section 5.5 hereof.
Obligations of the Parties Upon Termination. Upon termination of the Appointment or this Agreement, neither party will have any further obligations except as otherwise provided herein. The parties are obliged to pay compensation for good faith business already in place in accordance with the law. Compensation will continue for a period not to exceed the lesser of ninety (90) days from date of death of Agent, until a letter of record is presented on such business, or until an authorized letter of purchase, merger or other transfer of MotivHealth’s business to the surviving and appropriately licensed and appointed agent or agency is provided. In no event will any compensation be paid for more than six (6) months following the termination of this Agreement, unless or until proof of purchase, merger or otherwise
Obligations of the Parties Upon Termination. Upon termination of this Agreement for cause by the Company, the Contractor's rights hereunder shall become non-exclusive but such termination shall not effect the right or ability of Contractor to continue to service the customers which may have purchased/leased Products from Contractor. Further, at the Company's discretion, the Company may continue to afford the Contractor the right to purchase Product pursuant to the terms and conditions set forth herein, save and except the exclusivity right with respect to the Product within the Territory which (as stated hereinabove) shall terminate.
Obligations of the Parties Upon Termination. Upon termination of the appointment and this Agreement, neither party will have any further obligations except for compensation payable for business already in place; provided, however, that no compensation will be payable following termination if Agent has engaged in dishonest or fraudulent activities in the sale of such business, when this Agreement has been terminated for cause, or when such compensation would be improper under applicable Medicare and/or insurance laws and regulations. Also, upon the death of Agent, compensation will continue for a period not to exceed the lesser of 90 days from date of death or until an “agent of record letter” is presented on such business, or until an authorized letter of purchase, merger or other transfer of HFHP’s and/or FHCA’s business to the surviving and appropriately licensed and appointed Agent is provided.
Obligations of the Parties Upon Termination. Upon termination of the Agreement, neither Party shall have any further obligations hereunder except for:
A. Obligations accruing prior to the Cure Date;
B. Obligations or promises contained herein which relate to the protection or confidentiality of QMACS(TM) Software (including Executable Code) or the Documentation, which arise hereunder or which are expressly made to extend for five (5) years past the term of this Agreement; and
C. The obligation of Licensee to certify in writing to Licensor within twenty (20) days of expiration or termination of the License that all copies of the QMACS(TM) Software and the manual(s) have been destroyed by Licensee or delivered to Licensor.
Obligations of the Parties Upon Termination. Upon termination of the appointment and this Agreement, neither party will have any further obligations except as otherwise provided herein and for compensation payable for business already in place; provided, however, that no compensation will be payable following termination if the Agent has engaged in dishonest or fraudulent activities in the sale of such business, when this Agreement has been terminated for cause, or when such compensation would be improper under applicable Medicare and/or insurance laws and regulations. Also, upon the death of the Agent, compensation will continue for a period not to exceed the lesser of ninety (90) days from date of death or until an letter of record is presented on such business, or until an authorized letter of purchase, merger or other transfer of SelectHealth business to the surviving and appropriately licensed and appointed Agent is provided. In no event will any compensation be paid for more than six months following the termination of this Agreement, unless or until proof of purchase, merger or otherwise transfer of SelectHealth business to another properly licensed and appointed agent is provided.
Obligations of the Parties Upon Termination. Upon termination of the Appointment and by extension this Agreement, neither party will have any further obligations except as otherwise provided herein. No compensation will be payable following termination if the Agent has engaged in dishonest or fraudulent activities in the sale of such business, when this Agreement has been terminated for cause, or when such compensation would be improper under applicable Medicare and/or insurance laws and regulations. Continuously and Properly Licensed. Commission will be payable, in accordance with Medicare laws, rules and regulations, only so long as Agent is (a) continuously and properly licensed and appointed, (b) in compliance with this Agreement, and (c) continuously recognized as the agent of record to receive said commissions. Agent may not transfer, assign or dispose of any interest he or she may have under this Agreement without prior written consent of HNE.
