Survival; Effect of Termination. (A) In the event of termination of this Agreement, the following provisions of this Agreement shall survive: Articles 1, 10, 13, and 14 and Sections 3.6(g), 8.15, 8.16, 9.1, 9.4(b), 11.5, and 11.6. In addition, the following provisions of this Agreement shall survive solely to the extent required to make final reimbursements, reconciliations or other payments with respect to Net Sales and costs and expenses incurred or accrued prior to the date of termination or expiration: Article 8 (excluding Sections 8.15 and 8.16) and Sections 3.6 (excluding 3.6(g)), 7.6(b), 7.6(c), and 11.2. * Certain information on this page has been omitted and filed separately with the SEC. Confidential treatment has been requested with respect to the omitted portions.
Survival; Effect of Termination. Sections 1, 4, 5.2 (unless Customer materially breachs an obligation under this Agreement), 6, 7, 8, 9, 10 (for one year following expiration or termination of the Agreement), 11.5 and 12 shall survive any termination or expiration of this Agreement. Except for purposes of exercising continuing license rights hereunder, upon termination or expiration of this Agreement, each party shall return or destroy any Confidential Information of the other party then in its possession.
Survival; Effect of Termination. (a) In the event of termination of this Agreement, the following provisions of this Agreement shall survive: [*].
(b) In any event, termination of this Agreement shall not relieve the Parties of any liability which accrued hereunder prior to the effective date of such termination nor preclude either Party from pursuing all rights and remedies it may have hereunder or at law or in equity with respect to any breach of this Agreement nor prejudice either Party’s right to obtain performance of any obligation.
Survival; Effect of Termination. All provisions of this Agreement which by their nature should survive Termination shall survive Termination. The Termination of this Agreement or Order shall not relieve Client of its liability to pay any amounts due to TEAM hereunder. Upon the Termination of this Agreement or any Order, all rights and licenses granted thereunder shall likewise terminate and Client must also (i) delete or remove the Software from all computer equipment in Client’s possession and destroy or return to TEAM (at TEAM’s option) all copies of the Software and Documentation then in Client’s possession, custody or control and, in the case of destruction, certify to TEAM that Client has done so; and (ii) immediately return to TEAM any rented Hardware, in accordance with TEAM’s instructions.
Survival; Effect of Termination. (a) In the event of termination of this Agreement, the following provisions of this Agreement will survive for the maximum period permitted under Applicable Law: Articles 1, 8, 9, 12 and 13; Sections 3.12, 10.1, 10.3, 10.4, and any Sections referenced within the foregoing Articles or Sections.
(b) In any event, termination of this Agreement will not: (i) relieve the Parties of any liability which accrued hereunder prior to the effective date of such termination; (ii) preclude either Party from pursuing all rights and remedies it may have hereunder or at law or in equity with respect to any breach of this Agreement; or (iii) prejudice either Party’s right to obtain performance of any obligation.
Survival; Effect of Termination. The following Sections and Articles shall survive termination of this Agreement; Article I, Article III, this Section 4.3, Article V, Article VI, and Article VII. Upon termination of this Agreement, Worthington Steel shall cease any and all use of the WBS, promptly (and in any event within thirty (30) days) return to New Worthington or destroy (at Worthington’s option) all written WBS Confidential Information of WBS, and all copies thereof then in Worthington Steel’s possession or control.
Survival; Effect of Termination. (a) In the event of expiration or termination of this Agreement, the following provisions of this Agreement shall survive: Articles [ * ]; and Sections [ * ].
(b) In any event, expiration or termination of this Agreement shall not relieve the Parties of any liability which accrued hereunder prior to the effective date of such expiration or termination nor preclude either Party from pursuing all rights and remedies it may have hereunder or at law or in equity with respect to any breach of this Agreement nor prejudice either Party’s right to obtain performance of any obligation.
Survival; Effect of Termination. (a) ARTICLE 5.2, ARTICLE VII, ARTICLE VIII, ARTICLE IX, and ARTICLE XIII shall survive the expiration and any termination of this Agreement for any reason, except that if Cypress terminates this Agreement pursuant to Article 12.4(a) as a result of Customer’s intentional and deliberate theft of Cypress’ intellectual property not licensed under this Agreement, and if such intentional and deliberate theft is established in a court of law, the license granted in Article 7.2 shall not survive.
Survival; Effect of Termination. (a) In the event of expiration or termination of this Agreement, the following provisions of this Agreement shall survive: Articles [*]; and Sections [*] (with respect to [*] (and [*] for such purposes)); the last sentence of Section [*] with respect to [*] in the event of expiration of this Agreement pursuant to Section [*] and with respect to [*] in the event of termination of this Agreement [*], [*].
(b) Notwithstanding anything to the contrary in this Agreement, in the event of termination of this Agreement pursuant to Section [*], [*] under this Agreement [*] of the [*] shall [*]. In such case, the non-breaching Party shall continue to hold the licenses granted hereunder, subject to the milestone and royalties set forth herein (which relevant provisions shall survive termination).
(c) In any event, expiration or termination of this Agreement shall not relieve the Parties of any liability which accrued hereunder prior to the effective date of such expiration or termination nor preclude either Party from pursuing all rights and remedies it may have hereunder or at law or in equity with respect to any breach of this Agreement nor prejudice either Party’s right to obtain performance of any obligation.
Survival; Effect of Termination. Notwithstanding any other section herein, Section5 (Reports and Payments), Section 6 (Records), and Section 10 (Confidential Information) shall survive the expiration or termination of this Agreement. Upon termination by the Company in accordance with Section 11(b)(1) above due to a material breach by Ariel which is not timely cured, the Company will no longer be obligated to make Royalty Payments under Section 4,and Ariel’s right to receive additional Exit Shares will terminate.
