Refunds Upon Termination Sample Clauses

Refunds Upon Termination. Upon termination of this Agreement, any refund of the Entrance Fee shall be determined under Article 7 below.
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Refunds Upon Termination. In the event of termination of the Agreement by Licensee or Xxxxxxx Mac at any time when Licensee is not in default hereunder, Xxxxxxx Mac will refund to Licensee a portion of License Fees paid by Licensee to Xxxxxxx Mac in advance; the amount refunded will be calculated by converting the annual payment rate to a monthly payment rate, rounding to the next whole month and refunding the remaining prepaid fees. For example, for a License Fee paid in advance at the rate of $60,000 for one year and terminated in the middle of the second month, Xxxxxxx Mac will convert the annual rate to a monthly rate of $5,500 per month (the monthly rate specified on the Cover Page and the Distribution Declaration) for three months and refund the remaining $43,500.
Sample 1
Refunds Upon Termination. In the event of termination of the Agreement by Distributor or Xxxxxxx Mac, Xxxxxxx Mac will refund to Distributor a portion of License Fees paid in advance; the amount refunded will be calculated by converting the annual payment rate to a monthly payment rate, rounding to the next whole month and refunding the remaining prepaid fees. For example, for a License Fee paid in advance at the rate of $60,000 for one year and terminated in the middle of the second month, Xxxxxxx Mac will convert the annual rate to a monthly rate of $5,500 per month (the monthly rate specified on the Cover Page and the Distribution Declaration) for three months and refund the remaining $43,500. No refunds will be made for License Fees paid monthly.
Sample 1
Refunds Upon Termination. Upon termination of this Agreement for any reason, you are not entitled to refund of any installation, activation, and set‐up fees paid at the initiation of your Service or at any other point in Service; however, Buckeye will refund the prorated unused portion of any monthly service fees and charges. If the pro-rated unused portion is less than $5.00 Buckeye will make the refund on your request.
Sample 1
Refunds Upon Termination. Upon termination, the Provider will issue a prorated refund to the Customer for prepaid but unused fees for a period measured from (i) in the case of termination for breach, the date of the breach notice or (ii) (when explicitly provided for herein) in the case of termination for convenience, the date of termination.
Sample 1
Refunds Upon Termination. If iHeartMedia terminates this Agreement pursuant to Section 5.2 or Customer terminates this Agreement pursuant to Section 5.3, then, in either case, iHeartMedia shall refund Customer any prepaid fees covering the remainder of the term of the Agreement after the effective date of termination. Upon any termination for cause by iHeartMedia, Customer shall immediately pay iHeartMedia an amount equal to any fees for the remainder of the term of the Agreement after the effective date of termination. In no event shall any termination relieve Customer of the obligation to pay any fees payable to iHeartMedia for the period prior to the effective date of termination.
Sample 1
Refunds Upon Termination. A Seller who terminates his or her business relationship with the Company has the right to return for repurchase on commercially reasonable terms currently marketable inventory, including product, Company-produced promotional materials, sales aids and kits in possession of the Seller purchased by the Seller for resale within 12 months of the date of termination. For purposes hereof, “reasonable commercial terms” shall mean the repurchase of currently marketable inventory within 12 months from the Seller’s date of purchase at not less than 90% of the Seller’s original net cost less appropriate set-offs and legal claims, if any. In addition, for purposes of this section, products shall not be considered “currently marketable” if returned for repurchase after the product’s or sales aids’ commercially reasonable usable or shelf life period has passed; nor shall products or sales aids be considered “currently marketable” if the Company clearly discloses to the Seller prior to purchase that the products or sales aids are seasonal, discontinued, or special promotions and are not subject to the repurchase obligation. The cost of the Company’s training certification is not refundable after a Seller has been certified.
Sample 1

Related to Refunds Upon Termination

  • Payments Upon Termination A. Upon termination of the Executive's employment hereunder, the Company shall be obligated to pay and the Executive shall be entitled to receive, on the pay date for the pay period in which the termination occurs, all accrued and unpaid Base Salary to the date of termination. In addition, the Executive shall be entitled to any benefits to which he is entitled under the terms of any applicable employee benefit plan or program or applicable law. B. Except as provided in Section 7(A), upon termination of the Executive's employment by the Company without Cause or by the Executive due to Good Reason, in addition to the amount set forth in Section 6(A), the Company shall be obligated to pay, and the Executive shall be entitled to receive, (i) Base Salary for a period of three years and (ii) continued medical and dental benefits for a period of three years at no cost to the Executive. The Company may cease all payments of Base Salary and bonus under this Section 6(B) in the event of a willful breach by the Executive of the provisions of Sections 8, 9 or 10 of this Agreement or any inadvertent breach that continues after notice given to the Executive by the Company. As a condition precedent to the receipt of any of the severance benefits hereunder the Executive hereby agrees to execute a release of claims against the Company and its affiliates in form and substance reasonably satisfactory to the Company. C. In the event Executive elects to terminate employment as set forth in Section 5(F) then in such event any options not vested as set forth in Section 3(B) shall terminate. D. Upon any termination or expiration of the Executive's employment hereunder pursuant to Section 5, the Executive shall have no further liability or obligation under or in connection with this Agreement; provided, however, that the Executive shall continue to be subject to the provisions of Sections 8, 9, 10, 11 and 12 hereof (it being understood and agreed that such provisions shall survive any termination or expiration of the Executive's employment hereunder for any reason). Upon any Voluntary Termination by the Executive (other than a resignation by the Executive for Good Reason), or expiration of Executive's employment agreement, the Company shall have no further liability under or in connection with this Agreement, except to pay the portion of the Executive's Base Salary earned or accrued at the date of termination.

  • Deliveries Upon Termination Upon termination of this Agreement, ALPS agrees to cooperate in the orderly transfer of distribution duties and shall deliver to the Fund or as otherwise directed by the Fund (at the expense of the Fund) all records and other documents made or accumulated in the performance of its duties for the Fund hereunder. In the event ALPS gives notice of termination under this Agreement, it will continue to provide the services contemplated hereunder after such termination at the contractual rate for up to 120 days, provided that the Fund uses all reasonable commercial efforts to appoint such replacement on a timely basis.

  • Benefits Upon Termination (a) If this Agreement is terminated for any reason by the Company or by the Executive (in such a case, the date on which the Executive’s employment by the Company terminates is referred to as the “Severance Date”), the Company shall have no further obligation to make or provide to the Executive, and the Executive shall have no further right to receive or obtain from the Company, any payments or benefits or compensation or damages except as follows: (i) The Company shall pay the Executive (or, in the event of his death, the Executive’s estate) his Accrued Obligations; (ii) In the event of an Involuntary Termination, each outstanding option, restricted stock award or other stock-based award granted by the Company to the Executive shall be automatically accelerated so that such award shall be vested in full as of the Severance Date; and (iii) In the event of a Change of Control Termination, the Company shall pay the Executive in one lump sum, subject to tax withholding and other authorized deductions, an amount equal to US$5 million (the “Severance Benefit”), subject to the Executive’s execution of the documents in accordance with clause 12.5(b). (b) Notwithstanding the foregoing provisions of this clause 12.3, if any of the events set forth in clause 12.1(b), which give rise to the Company’s option to terminate this Agreement, shall have occurred prior to the Severance Date or if the Executive shall be in breach of clauses 14, 15 or 16 (whether prior to or after the Severance Date) (x) the Executive shall not be entitled to claim any compensation or damages for or in respect of or by reason of such termination and (y) the Executive shall no longer be entitled to the additional benefits prescribed by clause 12.3(a)(ii). (c) The Executive agrees that the payments contemplated by this clause 12.3 (and any applicable acceleration of vesting of an equity-based award in accordance with the terms of such award in connection with the termination of the Executive’s Appointment) shall constitute the exclusive and sole remedy for the Executive and the Executive covenants not to assert or pursue any other remedies, at law or in equity, with respect to any termination of the Appointment. The Company and the Executive acknowledge and agree that there is no duty of the Executive to mitigate damages under this Agreement. All amounts paid to the Executive pursuant to clause 12.3 shall be paid without regard to whether the Executive has taken or takes actions to mitigate damages.

  • Recovery upon Termination On the termination of the Contract for any reason, the Contractor shall at its cost:

  • Rights Upon Termination Except as expressly provided in Section 6, upon the termination of the Executive’s Employment pursuant to this Section 5, the Executive shall only be entitled to the compensation, benefits and reimbursements described in Sections 2, 3 and 4 for the period preceding the effective date of the termination. The payments under this Agreement shall fully discharge all responsibilities of the Company to the Executive.

  • Actions Upon Termination In the event of termination not the fault of the Contractor, the Contractor shall be paid for the services properly performed prior to termination, together with any reimbursable expenses then due, but in no event shall such compensation exceed the maximum compensation to be paid under the Contract. The Contractor agrees that this payment shall fully and adequately compensate the Contractor and all subcontractors for all profits, costs, expenses, losses, liabilities, damages, taxes, and charges of any kind whatsoever (whether foreseen or unforeseen) attributable to the termination of this Contract. Upon termination for any reason, the Contractor shall provide Seattle with the most current design documents, contract documents, writings and other product it has completed to the date of termination, along with copies of all project-related correspondence and similar items. Seattle shall have the same rights to use these materials as if termination had not occurred.

  • Payment Upon Termination In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. The City shall have no obligation to compensate Consultant for work not verified by logs or timesheets.

  • Withdrawals upon Termination 27.4.1 Notwithstanding anything to the contrary contained in this Agreement, all amounts standing to the credit of the Escrow Account shall, upon Termination, be appropriated in the following order: (a) all taxes due and payable by the Concessionaire for and in respect of the Project; (b) 55% (fifty five per cent) of Debt Due excluding Subordinated Debt; (c) outstanding Annual Concession Fee; (d) all payments and Damages certified by the Authority as due and payable to it by the Concessionaire; (e) incurred or accrued O&M Expenses; (f) retention and payments relating to the liability for defects and deficiencies set forth in Article 35; (g) outstanding Debt Service including the balance of Debt Due; (h) outstanding Subordinated Debt; (i) any other payments required to be made under this Agreement; and (j) balance, if any, in accordance with the instructions of the Concessionaire: Provided that no appropriations shall be made under Sub-clause (j) of this Clause 27.4.1 until a Vesting Certificate has been issued by the Authority under the provisions of Clause 34.4. 27.4.2 The provisions of this Article 27 and the instructions contained in the Escrow Agreement shall remain in full force and effect until the obligations set forth in Clause 27.4.1 have been discharged.

  • Obligations Upon Termination Upon termination of this Agreement, either party shall, at the request of the other party, return any document, material, database, equipment, or software containing the Confidential Information to the other party. If, for any reason, such document, material, database, equipment, or software cannot be returned, either party shall destroy all the Confidential Information belonging to the other party and delete such Confidential Information from any memory devices. No party shall be permitted to continue using the Confidential Information in any way after the termination of this Agreement.

  • Surrender Upon Termination The Executive agrees that in the event of the termination of the Executive's employment for any reason, whether before or after the Term, the Executive will immediately deliver to the Company all property belonging to the Company, including documents and materials of any nature pertaining to the Executive's work with the Company, and will not take with the Executive any documents or materials of any description, or any reproduction thereof of any description, containing or pertaining to any Confidential Information. It is understood that the Executive is free to use information that is in the public domain, but not as a result of a breach of this Agreement.

Most Referenced Clauses

Most Referenced Definitions