Refund or Payment upon Termination for Cause Sample Clauses

Refund or Payment upon Termination for Cause. If an Order Form or SOW is terminated by Customer in accordance with Section 18.3 (Termination for Cause) or by Dynatrace in accordance with Section 18.4 (Other Termination), Dynatrace will refund Customer any unused prepaid fees for the Dynatrace Offering terminated, provided however that with respect to Products licensed to Customer for a perpetual term, such refund is pro- rated equally over a thirty-six (36) month period from the date of delivery of the Product. If an Order Form or SOW is terminated by Dynatrace in accordance with Section 18.3 (Termination for Cause), Customer will immediately pay Dynatrace any unpaid fees and expenses covering the remainder of the term of such terminated Dynatrace Offering.
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Refund or Payment upon Termination for Cause. If you terminate this Agreement for cause, then we will refund to you any unused prepaid Fees at the effective date of termination. If we terminate this Agreement for cause, then you will pay any unpaid Fees covering the remainder of all terminated Ordering Documents. Termination does not relieve you of your obligations to pay any Fees payable to us for the period prior to the effective date of termination or for any applicable Minimum Threshold requirements stated in your Delivery Order.
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Refund or Payment upon Termination for Cause. If an Order Form or SOW is terminated by Customer in accordance with Section 18.3 (Termination for Cause) or by Dynatrace in accordance with Section 18.4 (Other Termination), Dynatrace will refund Customer any unused prepaid fees for the Dynatrace Offering terminated, provided however that with respect to Products licensed to Customer for a perpetual term, such refund is pro-rated equally over a thirty-six (36) month period from the date of delivery of the Product. If an Order Form or SOW is terminated by Dynatrace in accordance with Section 18.3 (Termination for Cause), Customer will immediately pay Dynatrace any unpaid fees and expenses covering the remainder of the term of such terminated Dynatrace Offering. 理由による解除時の返金または支払い。注文書またはSOWが、第18.3条（理由による解除）に従ってお客様によって、または第18.4条（その他の解除）に従ってDynatraceによって解除された場合、Dynatraceは、解除されたDynatrace製品およびサービスに対する未使用の前払い料金をお客様に返金します。ただし、お客様に無期限でライセンスされた製品については、かかる返金は、製品の引渡し日から36か月にわたって均等に按分されます。注文書またはSOWが第18.3条（理由による解除）に従ってDynatraceによって解除された場合、お客様は、かかる解除されたDynatrace製品およびサービスの残りの期間にかかる未払いの料金および費用を直ちにDynatraceに支払うものとします。
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Refund or Payment upon Termination for Cause. Upon any termination for cause, Redtail shall refund you any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination.
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Refund or Payment upon Termination for Cause. If an Order Form or SOW is terminated in accordance with Section 17.3 (Termination for Cause), Dynatrace will refund Customer any unused prepaid fees for the Dynatrace Offering terminated.
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Refund or Payment upon Termination for Cause. Upon any termination for cause by Customer, AppTech will refund Customer any prepaid, unused Fees covering the remainder of the term of all subscriptions of applicable Order Forms or work being provided under any active SOW after the effective date of termination. Upon any termination for cause by AppTech, Customer will pay any unpaid Fees covering the remainder of the term of all Order Forms and work performed under active SOWs. In no event will any termination relieve Customer of the obligation to pay any Fees payable to AppTech for the period prior to the effective date of termination.
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Refund or Payment upon Termination for Cause. Upon any termination for cause by Customer, Headspace shall refund Customer any prepaid fees covering the remainder of the term. Upon any termination for cause by Headspace, Customer shall pay any unpaid fees covering the remainder of the term.
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Related to Refund or Payment upon Termination for Cause

  • Termination for Cause If Vendor fails to materially perform pursuant to the terms of this Agreement, TIPS shall provide written notice to Vendor specifying the default. If Vendor does not cure such default within thirty (30) days, TIPS may terminate this Agreement, in whole or in part, for cause. If TIPS terminates this Agreement for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience.

  • Voluntary Termination; Termination for Cause If Executive’s employment with the Company terminates voluntarily by Executive or for “Cause” by the Company, then (i) all vesting of the Option will terminate immediately and all payments of compensation by the Company to Executive hereunder will terminate immediately (except as to amounts already earned), and (ii) Executive will only be eligible for severance benefits in accordance with the Company’s established policies as then in effect.

  • Voluntary Termination or Termination for Cause If Executive is no longer employed by the Company or any of its subsidiaries as a result of Executive's termination for Cause or resignation, then on or after the Termination Date, the Company may elect to purchase all or any portion of the Executive Units at a price per Unit equal to the lower of the Original Value thereof or the Fair Market Value thereof determined as described in clause (b)(1) above; provided, however, that if Executive resigns on or after the fifth anniversary of the date hereof, then on or after such Termination Date, the Company may elect to purchase all or any portion of the Executive Units at a price per unit equal to the Fair Market Value thereof determined as described in clause 3(b)(1) above.

  • Termination for Cause; Voluntary Termination If at any time during the Term the Executive’s employment with the Company is terminated pursuant to Section 4.6 or 4.7, the Executive shall be entitled to only the following:

  • Voluntary Resignation; Termination for Cause If Executive’s employment with the Company terminates (i) voluntarily by Executive (other than for Good Reason) or (ii) for Cause by the Company, then Executive will not be entitled to receive severance or other benefits except for those (if any) as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to other written agreements with the Company.

  • Termination Upon Death or Disability If the Executive dies during the Term, the Term shall terminate as of the date of death. If there is a good faith determination by the Board that the Executive has become physically or mentally incapable of performing his duties under the Agreement and such disability has disabled the Executive for a cumulative period of 180 days within any 12-month period (a “Disability”), the Company shall have the right, to the extent permitted by law, to terminate the employment of the Executive upon notice in writing to the Executive. Upon Executive’s death or in the event that Executive’s employment is terminated due to his Disability, Executive or his estate or his beneficiaries, as the case may be, shall be entitled to: (i) all accrued but unpaid Annual Salary through the date of termination of Executive’s employment, (ii) any unpaid or unreimbursed expenses incurred in accordance with hereof, (iii) any benefits provided under the Company’s employee benefit plans upon a termination of employment, in accordance with the terms contained therein (the payments and benefits referred to in clauses (i) through (iii) above, collectively, the “Accrued Obligations”), (iv) any unpaid Annual Bonus in respect of any completed fiscal year that had ended prior to the date of such termination, which amount shall be paid at such time annual bonuses are paid to other senior executives of the Company, but in no event later than March 15 of the fiscal year following the fiscal year in which such termination occurred; (v) an amount equal to the target Annual Bonus, prorated to reflect the partial year of employment, which amount shall be paid at such time annual bonuses are paid to other senior executives of the Company, but in no event later than March 15 of the fiscal year following the fiscal year in which such termination occurred (subject to Section 7.15 of this Agreement) and (vi) all outstanding equity (or equity-based) incentives and awards held by the Executive shall thereupon vest and become free of restrictions and all stock options shall be exercisable in accordance with their terms. Following the Executive’s death or a termination of the Executive’s employment by reason of a Disability, except as set forth in this Section 4, the Executive shall have no further rights to any compensation or any other benefits under this Agreement.

  • Termination for Cause by Company Although the Company anticipates the continuation of a mutually rewarding employment relationship with Executive, the Company may terminate Executive’s employment immediately at any time for Cause. For purposes of this Agreement, “Cause” is defined as: (a) acts or omissions constituting gross negligence, recklessness or willful misconduct on the part of Executive with respect to Executive’s obligations or otherwise relating to the business of the Company; (b) Executive’s material breach of this Agreement, including, without limitation, any breach of Section 8, Section 9 or Section 11; (c) Executive’s breach of the Company’s Employee Nondisclosure and Assignment Agreement (a signed copy of which was delivered to the Company with the Original Agreement) (the “Nondisclosure Agreement”); (d) Executive’s conviction or entry of a plea of nolo contendere for fraud, misappropriation or embezzlement, or any felony or crime of moral turpitude; (e) Executive’s inability to perform the essential functions of Executive’s position, with or without reasonable accommodation, due to a mental or physical disability; (f) Executive’s willful neglect of duties as determined in the sole and exclusive discretion of the Board, provided that Executive has received written notice of the action or omission giving rise to such determination and has failed to remedy such situation to the satisfaction of the Board within thirty (30) days following receipt of such written notice, unless Executive’s action or omission is not subject to cure, in which case no such notice shall be required, or (g) Executive’s death. In the event Executive’s employment is terminated in accordance with this Section 7.1, Executive shall be entitled to receive only Executive’s Base Salary then in effect, prorated to the date of Executive’s termination of employment with the Company (the “Termination Date”), and all amounts and benefits earned or incurred pursuant to Sections 5 and 6 through the Termination Date. All other Company obligations to Executive pursuant to this Agreement will be automatically terminated and completely extinguished as of the Termination Date, but will be subject to the surviving provisions of this Agreement set forth in Section 14.8. Executive will not be entitled to receive the Severance Package described in Section 7.2. Any termination pursuant to this Section 7.1 shall be evidenced by a resolution or written consent of the Board, and the Company shall provide Executive with a copy of such resolution or written consent, certified by the Secretary of the Company, upon Executive’s written request.

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