Common use of Right to Cancel for Delays Clause in Contracts

Right to Cancel for Delays. In the event of a delay in delivery of -------------------------- all or any portion of Licensed Software listed on a Purchase Order or Licensed Software listed on a series of Purchase Orders which relate to a specific project or request for proposal (the Licensed Software listed on such series of Purchase Orders referred to as "Related Licensed Software"), or in the event of a delay in the performance of Services which is not excused in this Agreement, EDS may cancel without charge all or any portion of the Licensed Software, Related Licensed Software or Services for which delivery or performance has been so delayed. If, in EDS' opinion, the delivered Licensed Software or Related Licensed Software are not operable without the remaining undelivered Licensed Software or Related Licensed Software, EDS may, at Chordiant's expense, return any delivered Licensed Software or Related Licensed Software to Chordiant. EDS shall not be liable for any expenses incurred by Chordiant for canceled, undelivered, or returned Licensed Software or Related Licensed Software. EDS shall receive a refund of all amounts paid to Chordiant with respect to the canceled and/or returned Licensed Software, Related Licensed Software and Services.

Appears in 3 contracts

Samples: Software License Agreement (Chordiant Software Inc), Software License Agreement (Chordiant Software Inc), Software License Agreement (Chordiant Software Inc)

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Right to Cancel for Delays. In the event of a delay in delivery of -------------------------- all or any portion of Licensed Software listed on a Purchase Order or Licensed Software listed on a series of Purchase Orders which relate to a specific project or request for proposal (the Licensed Software listed on such series of Purchase Orders referred to as "Related Licensed Software"), or in the event of a delay in the performance of Services which is not excused in this Agreement, EDS may cancel without charge all or any portion of the Licensed Software, Related Licensed Software or Services for which delivery or performance has been so delayed. If, in EDS' opinion, the delivered Licensed Software or Related Licensed Software are not operable without the remaining undelivered Licensed Software or Related Licensed Software, EDS may, at ChordiantNetwork-1's expense, return any delivered Licensed Software or Related Licensed Software to ChordiantNetwork-1. EDS shall not be liable for any expenses incurred by Chordiant Network-1 for canceled, undelivered, or returned Licensed Software or Related Licensed Software. EDS shall receive a refund of all amounts paid to Chordiant Network-1 with respect to the canceled and/or returned Licensed Software, Related Licensed Software and Services.

Appears in 1 contract

Samples: Master Software License Agreement (Network 1 Security Solutions Inc)

Right to Cancel for Delays. In the event of a delay in delivery of -------------------------- all or any portion of Licensed Software listed on a Purchase Order or Licensed Software listed on a series of Purchase Orders which relate to a specific project or request for proposal (the Licensed Software listed on such series of Purchase Orders referred to as "Related Licensed Software"), or in the event of a delay in the performance of Services which is not excused in this Agreement, EDS may cancel without charge all or any portion of the Licensed Software, Related Licensed Software or Services for which delivery or performance has been so delayed. If, in EDS' 's reasonable opinion, the delivered Licensed Software or Related Licensed Software are not operable without the remaining undelivered Licensed Software or Related Licensed Software, EDS may, at ChordiantSupplier's expense, return any delivered Licensed Software or Related Licensed Software to ChordiantSupplier. EDS shall not be liable for any expenses incurred by Chordiant Supplier pursuant to this Section 3.05 for canceled, undelivered, or returned Licensed Software or Related Licensed Software. EDS shall receive a refund of all amounts paid to Chordiant Supplier with respect to the canceled and/or returned Licensed Software, Related Licensed Software and Services.

Appears in 1 contract

Samples: Master Software License Agreement (Serviceware Technologies Inc/ Pa)

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Right to Cancel for Delays. In the event of a delay in delivery of -------------------------- all or any portion of Licensed Software listed on a Purchase Order or Licensed Software listed on a series of Purchase Orders which relate to a specific project or request for proposal (the Licensed Software listed on such series of Purchase Orders referred to as "Related Licensed Software"), or in the event of a delay in the performance of Services which is not excused in this Agreement, EDS may cancel without charge all or any portion of the Licensed Software, Related Licensed Software or Services for which delivery or performance has been so delayed. If, in EDS' reasonable opinion, the delivered Licensed Software or Related Licensed Software are not operable without the remaining undelivered Licensed Software or Related Licensed Software, EDS may, at ChordiantASI's expense, return any delivered Licensed Software or Related Licensed Software to ChordiantASI. EDS shall not be liable for any expenses incurred by Chordiant ASI for canceled, undelivered, or returned Licensed Software or Related Licensed Software. EDS shall receive a refund of all amounts paid to Chordiant ASI with respect to the canceled and/or returned Licensed Software, Software and Related Licensed Software and Software. EDS shall receive a pro-rata refund of all amounts paid to ASI with respect to canceled Services.

Appears in 1 contract

Samples: Master Software License Agreement (Advanced Systems International Inc)

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