Refund as Result of Cancellation or Termination Sample Clauses

Refund as Result of Cancellation or Termination. Section III.J is replaced in its entirety by the following: If any refund is owed as a result of cancellation pursuant to the terms of Section III.B. but not paid or credited within forty-five (45) days of the cancellation of this Agreement. Omnidian will pay you a ten (10) percent penalty for each 30-day period or portion thereof that the refund and any accrued penalties remain unpaid. If you cancel this Agreement pursuant to Section III.C, (1) before the expiration of the Prepaid Term, you shall be entitled to a refund of any Unused Data Access Fees and the prorated share of any unearned Prepaid Subscription Cost paid by you (calculated based on the ratio of months remaining under this Agreement as against the Prepaid Term), or (2) after the expiration of the Prepaid Term, you shall be entitled to any Unused Data Access Fees and a prorated share of the unearned Monthly Subscription Cost paid by you (meaning any Monthly Subscription Cost paid and attributable to the period after the effective date of the cancellation). If this Agreement is cancelled or terminated for any of the reasons identified in Sections III.D through III.I, (1) before the expiration of the Prepaid Term, you shall be entitled to a refund of any Unused Data Access Fees and the prorated share of any unearned Prepaid Subscription Cost paid by you (calculated based on the ratio of months remaining under this Agreement as against the Prepaid Term) or (2) after the expiration of the Prepaid Term, you shall be entitled to any Unused Data Access Fees and a prorated share of the unearned Monthly Subscription Cost paid by you (meaning any Monthly Subscription Cost paid and attributable to the period after the effective date of the cancellation). If you are entitled to a refund under this Section, then we shall make payment of that refund within sixty (60) days of the notice of termination or cancellation.
Sample 1
AutoNDA by SimpleDocs
Refund as Result of Cancellation or Termination. If you cancel this Agreement pursuant to Section III.C.: (1) before the expiration of the Prepaid Term, you shall be entitled solely to a refund of any Unused Data Access Fees, or (2) after the expiration of the Prepaid Term, you shall be obligated to pay the entire Monthly Subscription Cost for the month in which the cancellation or termination was effective, but not for any month thereafter, and Omnidian shall refund you any Unused Data Access Fees. If this Agreement is cancelled or terminated for any of the reasons identified in Sections III.D. through III.I: (1) before the expiration of the Prepaid Term, you shall be entitled to a refund of any Unused Data Access Fees and a prorated share of any unearned Prepaid Subscription Cost paid by you (calculated based on the ratio of months remaining under this Agreement as against the Prepaid Term), less any payments made by Omnidian for field services, or (2) after the expiration of the Prepaid Term, you shall be obligated to pay the entire Monthly Subscription Cost for the month in which the cancellation or termination was effective, but not for any month thereafter, and Omnidian shall refund you any Unused Data Access Fees. If you are entitled to a refund under this Section, then we shall make payment of that refund within sixty (60) days of the notice of termination or cancellation.
Sample 1
Refund as Result of Cancellation or Termination. Section III.J is replaced in its entirety by the following: If this Agreement is cancelled or terminated for any of the reasons identified in Sections III.C. through III.I: (1) before the expiration of the Prepaid Term, you shall be entitled to a refund of any Unused Data Access Fees and the prorated share of any unearned Prepaid Subscription Cost paid by you (calculated based on the ratio of months remaining under this Agreement as against the Prepaid Term), or (2) after the expiration of the Prepaid Term, you shall be entitled to any Unused Data Access Fees and a prorated share of the unearned Monthly Subscription Cost paid by you (meaning any Monthly Subscription Cost paid and attributable to the period after the effective date of the cancellation). If you are entitled to a refund under this Section, then we shall make payment of that refund within sixty (60) days of the notice of termination or cancellation.
Sample 1
Refund as Result of Cancellation or Termination. Section III.J. of this Agreement is amended to include the following: A ten
Sample 1
Refund as Result of Cancellation or Termination. Section III.J is replaced in its entirety by the following: If this Agreement is cancelled or terminated for any of the reasons identified in Sections III.C. through III.I: (1) before the expiration of the Prepaid Term, you shall be entitled to a refund of the prorated share of any Unused Data Access Fees and a prorated share of any unearned Prepaid Subscription Cost paid by you (calculated based on the ratio of months remaining under this Agreement as against the Prepaid Term), less any payments made by Omnidian for field services, or (2) after the expiration of the Prepaid Term, you shall be entitled to any Unused Data Access Fees and a prorated share of the unearned Monthly Subscription Cost paid by you (meaning any Monthly Subscription Cost paid and attributable to the period after the effective date of the cancellation), less any payments made by Omnidian for field services under this Agreement. If you are entitled to a refund under this Section, then we shall make payment of that refund within forty-five (45) days of the notice of termination or cancellation.
Sample 1
Refund as Result of Cancellation or Termination. Section III.J. of this Agreement is amended to include the following: If you terminate this Agreement pursuant to Section III.F., (1) before the expiration of the Prepaid Term, you shall be entitled to a refund of the prorated share of any Unused Data Access Fees and any unearned Prepaid Subscription Cost paid by you (calculated based on the ratio of full years remaining under this Agreement as against the Prepaid Term), less any payments made by Omnidian for field services, or (2) after the expiration of the Prepaid Term, you shall be entitled to any Unused Data Access Fees and a prorated share of the unearned Monthly Subscription Cost paid by you (meaning any Monthly Subscription Cost paid and attributable to the period after the effective date of the cancellation), less any payments made by Omnidian for field services. If you are entitled to a refund under this Section, then we shall make payment of that refund within sixty (60) days of the notice of termination or cancellation. Any such refund is contingent on your providing Omnidian with written notice of the sale or transfer thirty (30) days before title for the Premises is transferred.
Sample 1

Related to Refund as Result of Cancellation or Termination

  • Cancellation or Termination The Provider is the responsible party for honoring cancellation requests. You may cancel this Service Agreement at any time and is non-cancelable by us (send your written request to us at xxxxxxxxxxxxx@0-00.xxx), except for: 1. Fraud or material misrepresentation concerning any covered item or any other facts related to this Service Agreement.

  • Dissolution or Termination Any particular Series shall be dissolved upon the occurrence of the applicable dissolution events set forth in Article VIII, Section 1 hereof. Upon dissolution of a particular Series, the Trustees shall wind up the affairs of such Series in accordance with Article VIII Section 1 hereof and thereafter, rescind the establishment and designation thereof. The Board of Trustees shall terminate any particular Class and rescind the establishment and designation thereof: (i) upon approval by a majority of votes cast at a meeting of the Shareholders of such Class, provided a quorum of Shareholders of such Class are present, or by action of the Shareholders of such Class by written consent without a meeting pursuant to Article V, Section 3; or (ii) at the discretion of the Board of Trustees either (A) at any time there are no Shares outstanding of such Class, or (B) upon prior written notice to the Shareholders of such Class; provided, however, that upon the rescission of the establishment and designation of any particular Series, every Class of such Series shall thereby be terminated and its establishment and designation rescinded. Each resolution of the Board of Trustees pursuant to this Section 6(i) shall be incorporated herein by reference upon adoption.

  • Service Termination, Cancellation, or Suspension If you wish to cancel the Service, you may contact us as set forth in Section 6 of the General Terms above. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.

  • Notice of Cancellation or Change There shall be no cancellation, change, potential exhaustion of aggregate limits or non-renewal of insurance coverage(s) without thirty (30) days written prior written notice to the State.

  • Effective Date; Termination; Cancellation and Suspension Section 4.01. This Agreement shall come into force and effect on the date upon which the Development Credit Agreement becomes effective. Section 4.02. (a) This Agreement and all obligations of the Association and of Republika Srpska thereunder shall terminate on the earlier of the following two dates: (i) the date on which the Development Credit Agreement shall terminate; or (ii) a date twenty (20) years after the date of this Agreement.

  • Voluntary cancellation The Borrower may, if it gives the Agent not less than five (5) Business Days’ (or such shorter period as the Majority Lenders may agree) prior notice, cancel the whole or any part (being a minimum amount of £1,000,000) of an Available Facility. Any cancellation under this Clause 7.2 shall reduce the Commitments of the Lenders rateably under that Facility.

  • Contract Renegotiation, Suspension, or Termination Due to Change in Funding If the funds DSHS relied upon to establish this Contract or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, after the effective date of this contract but prior to the normal completion of this Contract or Program Agreement: a. At DSHS’s discretion, the Contract or Program Agreement may be renegotiated under the revised funding conditions. b. At DSHS’s discretion, DSHS may give notice to Contractor to suspend performance when DSHS determines that there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Contractor’s performance to be resumed prior to the normal completion date of this contract. (1) During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance. (2) When DSHS determines that the funding insufficiency is resolved, it will give Contractor written notice to resume performance. Upon the receipt of this notice, Contractor will provide written notice to DSHS informing DSHS whether it can resume performance and, if so, the date of resumption. For purposes of this subsubsection, “written notice” may include email. (3) If the Contractor’s proposed resumption date is not acceptable to DSHS and an acceptable date cannot be negotiated, DSHS may terminate the contract by giving written notice to Contractor. The parties agree that the Contract will be terminated retroactive to the date of the notice of suspension. DSHS shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the retroactive date of termination. c. DSHS may immediately terminate this Contract by providing written notice to the Contractor. The termination shall be effective on the date specified in the termination notice. DSHS shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. No penalty shall accrue to DSHS in the event the termination option in this section is exercised.

  • Amendment, Suspension or Termination of the Plan By accepting this Award, Participant expressly warrants that he or she has received an Award of Restricted Stock Units under the Plan, and has received, read and understood a description of the Plan. Participant understands that the Plan is discretionary in nature and may be amended, suspended or terminated by the Company at any time.

  • Suspension or Termination In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Recipient materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Recipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Recipient to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety.

  • TERMINATION/CANCELLATION Cancellation of orders once placed with or accepted by Seller can be made only with Seller’s consent. Should Buyer, due to good cause, desire to affect the cancellation of an accepted order, Seller will accept such cancellation on the following basis: (a) For all made-to-order Goods: Buyer shall pay the purchase price in full for all items completed and ready for delivery; Buyer shall pay a percentage of the purchase price on such items as shall not be completed, equivalent to the percentage of completion; and Buyer shall pay in full the cost of all raw materials, consumable materials, manufacturing dies, tools, patterns and fixtures acquired exclusively for the order, and will take ownership and possession of all such items and will be responsible for labor or other documenting expenses incurred in connection therewith. (b) For all made-to-stock Goods: Buyer shall pay (i) all costs and expenses of placing the cancelled Goods in a saleable condition (restocking charge), (ii) any outgoing and incoming freight charges incurred by Seller in connection with the delivery and return of such Goods, if applicable, and (iii) all reasonable and necessary expenses incurred by Seller directly incident to the order up to the date of cancellation. Invoices covering said costs shall be due and payable immediately upon Seller’s acceptance of cancellation. A stop work order will be deemed a cancellation and the provisions of this paragraph shall apply. If Buyer purchases Goods pursuant to an order for use in a contract with the U.S. Government and the U.S. Government terminates Buyer’s prime contract or a portion thereof for convenience, Buyer shall have the right to terminate only that portion of its contract with Seller which has been terminated by the U.S. Government in its prime contract. In such case, Buyer shall be responsible for those costs set forth above.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!