Common use of Provider’s Right to Terminate Clause in Contracts

Provider’s Right to Terminate. (i) Provider shall have the right, but not the obligation, to suspend its performance hereunder and/or terminate this Agreement in its entirety, upon the occurrence of any one (1) or more of the following events: (A) the failure of Company to make any payment required to be made under this Agreement, which failure is not cured within thirty (30) days of Company’s receipt of written notice from Provider of the same; and/or (B) the breach by Company of any of its representations or warranties herein, or the failure of Company to comply with any of the other terms of this Agreement or otherwise discharge its duties hereunder (it being understood that any such failure related to non-payment shall be governed by Section 6(b)(i)(A) above), and such breach or failure, to the extent curable, is not cured within thirty (30) days of Company’s receipt of written notice from Provider of the same; and/or (C) the breach by Company of any provision of this Agreement, or the failure of Company to comply with any of the terms of this Agreement or otherwise discharge Company’s duties hereunder, more than one (1) time during the Term; and/or (D) the failure by Company to procure or maintain insurance pursuant to the terms of this Agreement; and/or (E) any act of gross negligence or wanton misconduct by Company, and such action is not corrected within ten (10) days of Company’s receipt of written notice from Provider of the same; and/or (F) the cessation of operations by Company, including, without limitation, Company’s failure to continuously and diligently offer the Products, for a continuous period of ninety (90) days); and/or (G) the making by Company of an assignment for the benefit of creditors, or the filing by or against Company of any petition under any federal, national, state or local bankruptcy, insolvency or similar Laws, if such filing shall not have been dismissed or stayed within sixty (60) days after the date thereof.