Suspension Rights Sample Clauses

Suspension Rights. Without limiting any other rights available to Hitachi under the Master Agreement or applicable law, Hitachi may suspend delivery of all or any part of the XaaS Services without liability if: (i) You are in breach of Your payment obligations under an XaaS Agreement or payment obligations to a Hitachi Partner; (ii) You are otherwise in uncured breach of an XaaS Agreement because of Your conduct or the conduct of Your Personnel or End User; (iii) You or any party on Your behalf commits a Misuse; (iv) You become or threaten to become Insolvent; Žƌ ;ǀͿ ƚŚĞƌĞ ŝƐ Ă ĐŚĂŶŐĞ ŽĨ ĐŽŶƚƌŽů ŝŶ zŽƵ ƚŚĂƚ ŝƐ ŶŽƚ under these Terms or under applicable law, Hitachi will reinstate any suspended XaaS Services following the remediation of the breach. Hitachi has a right to terminate the XaaS Agreement if Hitachi has a right to suspend XaaS Services under this Section. Hitachi will use reasonable commercial endeavors to give You or Your Hitachi Partner (where applicable) notice in advance of a suspension, except where it determines immediate suspension is necessary. You will remain responsible for all fees and charges that You incur during the suspension period, including any further period of use contemplated by these Terms or the XaaS Agreement. However, Hitachi shall not be liable for any Failure in the XaaS Services during any suspension period, irrespective of whether or not any service credits are payable by Hitachi under an XaaS Agreement for service level breaches. Hitachi will not erase Content during a suspension except as otherwise specified in these Terms or the XaaS Agreement.
Suspension Rights. Notwithstanding anything to the contrary contained herein, Parent may, upon written notice (which notice shall include a certificate signed by an executive officer of Parent stating that Parent is exercising its rights under this Section 2.7, a general statement of the reason for the suspension and an estimate of the length of the suspension) to the Securityholder Representative, suspend (x) Parent’s obligation to file or have declared or keep effective any registration statement or any amendment thereto and (y) any Holder’s use of any prospectus which is part of any registration statement (in which event each Holder shall discontinue sales of Registrable Securities pursuant to such registration statement) if (a) Parent is pursuing a material financing, acquisition, merger, joint venture, reorganization, disposition or other similar transaction or Parent is resolving comments on its public filings with the Commission and the board of directors of Parent, or a validly appointed committee thereof, determines in its good faith judgment that the use of the prospectus would materially interfere with Parent’s ability to pursue or consummate such a transaction or resolve such comments with the Commission or would require the public disclosure thereof or (b) Parent is in the possession of other material non-public information the disclosure of which at such time, in the good faith judgment of the board of directors of Parent, or a validly appointed committee thereof, would reasonably be expected not to be in the best interests of Parent; provided, however, that (i) there shall be no more than two suspensions in any period of twelve consecutive months and in no event shall such suspension period exceed an aggregate of ninety (90) days in any consecutive 365-day period and (ii) during the first six months following the Closing Date, there shall not be suspension periods exceeding sixty (60) days in the aggregate. Upon disclosure of such information or the termination of the condition described above, Parent shall promptly (x) provide notice to the Securityholder Representative, (y) terminate any suspension of sales it has put into effect and (z) take such other actions necessary to permit registered sales of Registrable Securities as required or contemplated by this Agreement, including, if necessary, preparation and filing of a post-effective amendment or prospectus supplement so that the relevant registration statement and any prospectus forming a part thereof wil...
Suspension Rights. (a) The Supplier may suspend the provision of ProcurePro (or any part of it) without having any liability to the Customer:
Suspension Rights. (a) If an Event of Default occurs and is continuing, the non-defaulting Party may, by giving five (5) calendar dayswritten notice, suspend its obligation to deliver Sales Volumes hereunder or its obligation to purchase Sales Volumes hereunder, as applicable. While deliveries of Sales Volumes hereunder are suspended pursuant to this Section 7.2, PXP shall have the right, but not the obligation, to sell any undelivered volumes to other purchasers and shall, if PXP is the non-defaulting Party, be entitled to damages from CoP equal to the amount it would have received under the terms of this Agreement for such undelivered volumes less the amount received from other purchasers of the undelivered volumes, plus actual costs and expenses incurred by PXP in arranging sales to other purchasers. While any purchases of Sales Volumes hereunder are suspended pursuant to this Section 7.2, CoP may purchase Sales Volumes from other sellers and shall, if CoP is the non-defaulting Party, be entitled to damages from PXP equal to the amount paid to purchase the Sales Volumes from other sellers less the amount it would have paid for the Sales Volumes under the terms of this Agreement, plus actual costs and expenses incurred by CoP in arranging purchases from other sellers.
Suspension Rights. The Company shall have the right, which right may be exercised by the Company only twice during any twelve (12) month period, to extend, suspend or delay the effectiveness of the Registration Statement for a period of up to ninety (90) days if, upon advice of counsel to the Company, effectiveness of such Registration Statement would interfere with any then currently active acquisition, financing or similar transaction of the Company by requiring the premature disclosure of any material corporate development or otherwise.
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Suspension Rights. If You are in material breach of the Agreement (including by non-payment of our Charges when due) We have the right to suspend performance of any or all of our obligations under the Agreement if You fail to comply with our written notice requiring You to remedy such breach by the date specified in such notice.
Suspension Rights. Notwithstanding the provisions of this Agreement, the Company's obligation to file a Registration Statement, or cause such Registration Statement to become and remain effective, shall be suspended for a period of 90 days in any 12 month period if there exists at the time material non-public information relating to the Company which, in the reasonable opinion of counsel to the Company, should not be disclosed.
Suspension Rights. MX shall have the right to suspend Client’s access, in whole or in part, to the Service and any User Data for the following reason(s): (i) MX’s good-faith belief that Client is acting in an unauthorized manner with respect to its access to the Service or any User Data; (ii) a User requests that MX or any Third Party Data Provider no longer permit Client to access its User Data (such suspension will only be applied to the requesting User); (iii) MX’s good-faith belief that there is a material risk to the security or integrity of the Service, the User Data, or any systems of MX or Client; or (iv) that suspending access is reasonably necessary to prevent harm to the business or reputation of MX, any Third Party Data Provider, and/or their respective customers. Upon any notice of suspension, Client shall immediately cease any attempt to access the Service or any User Data, including by screen scraping. Unless prohibited by applicable law, MX will provide Client with prompt (and, where reasonably practicable, advance) notice of the suspension, including, if permitted, a description of the scope of the suspension and the reasons for the suspension. The Parties will work together to remediate the reason for any suspension, with MX having the final authority as to the duration and extent of any suspension. At any point during such suspension, upon notice to Client, MX will have the right to terminate this Agreement and Client’s access to the Service and User Data by providing Client notice (which will be at least thirty (30) days’ notice, where reasonably practicable). Additionally, if Client’s account is thirty (30) days or more overdue, except for charges then under reasonable and good faith dispute, then, following five (5) business days’ written notice and opportunity to cure, which notice may be provided via email, in addition to any of its other rights or remedies, MX reserves the right to suspend Client’s access to the Service until such amounts are paid in full.
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