Common use of Resignation or Removal of the Representative Clause in Contracts

Resignation or Removal of the Representative. Subject to the appointment and acceptance of a successor Representative as provided below, the Representative may (i) resign at any time thirty (30) days subsequent to giving notice thereof to the Servicesoft Stockholders, and (ii) be removed at any time with or without cause by action of the Servicesoft Stockholders who represented a majority of the rights to the Escrow Shares. Upon any such resignation or removal, holders of a majority of the Escrow Shares may appoint a successor Representative, which successor shall be reasonably acceptable to Broadbase. If no successor Representative shall have been appointed by the Servicesoft Stockholders and accepted such appointment within twenty (20) days after the retiring Representative's giving of notice of resignation or the Servicesoft Stockholders' removal of the Representative, then the retiring or removed Representative may, on behalf of the Servicesoft Stockholders, appoint a successor, which shall be reasonably acceptable to Broadbase. Upon the acceptance of any appointment as the Representative hereunder, such successor Representative shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring or removed Representative, and the retiring or removed Representative shall be discharged from his duties and obligations hereunder. After any retiring Representative's resignation or removal hereunder as the Representative, the provisions of Article 12 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as the Representative.

Resignation or Removal of the Representative. Subject to the appointment and acceptance of a successor Representative as provided below, the Representative may (i) resign at any time thirty (30) days subsequent to giving notice thereof to the Servicesoft StockholdersPanopticon Shareholders, and (ii) be removed at any time with or without cause by action of the Servicesoft Stockholders Panopticon Shareholders who represented a majority of the rights to the Escrow Shares. Upon any such resignation or removal, holders of a majority of the Escrow Shares may appoint a successor Representative, which successor shall be reasonably acceptable to Broadbase. If no successor Representative shall have been appointed by the Servicesoft Stockholders Panopticon Shareholders and accepted such appointment within twenty (20) days after the retiring Representative's giving of notice of resignation or the Servicesoft StockholdersPanopticon Shareholders' removal of the Representative, then the retiring or removed Representative may, on behalf of the Servicesoft StockholdersPanopticon Shareholders, appoint a successor, which shall be reasonably acceptable to Broadbase. Upon the acceptance of any appointment as the Representative hereunder, such successor Representative shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring or removed Representative, and the retiring or removed Representative shall be discharged from his duties and obligations hereunder. After any retiring Representative's resignation or removal hereunder as the Representative, the provisions of Article 12 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as the Representative.

Resignation or Removal of the Representative. Subject to the appointment and acceptance of a successor Representative as provided below, the Representative may (i) resign at any time anytime thirty (30) days subsequent to giving notice thereof to the Servicesoft Stockholders, Target Shareholder Founders and (ii) the Representative may be removed at any time with or without cause by action of the Servicesoft Stockholders Target Shareholder Founders who represented a majority of the rights to the Escrow Shares. Upon any such resignation or removal, holders of a majority of the Escrow Shares may appoint a successor Representative, which successor new Representative shall be reasonably acceptable to BroadbaseAcquirer. If no successor Representative shall have been appointed by the Servicesoft Stockholders Target Shareholder Founders and accepted such appointment within twenty (20) days after the retiring Representative's giving of notice of resignation or the Servicesoft StockholdersTarget Shareholder Founders' removal of the Representative, then the retiring or removed Representative may, on behalf of the Servicesoft StockholdersTarget Shareholder Founders, appoint a successor, successor which shall be reasonably acceptable to BroadbaseAcquirer. Upon the acceptance of any appointment as the Representative hereunder, such successor Representative shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring or removed Representative, and the retiring or removed Representative shall be discharged from his its duties and obligations hereunder. After any retiring Representative's resignation or removal hereunder as the Representative, the provisions of Article 12 this Section 10 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as the Representative.