Common use of Term and Effect of Termination Clause in Contracts

Term and Effect of Termination. Minimum fee charges as provided in the Xxxxxx Order Form shall apply from the earlier of four weeks from date of delivery to Xxxxxx of each applicable kiosk or the date that the kiosk is operational. Notwithstanding anything to the contrary in the Xxxxxx Agreement, and notwithstanding anything to the contrary in any limitation of liability provision in the Xxxxxx Agreement, in the event that the Xxxxxx Agreement or other agreement between Invoice Cloud and the Xxxxxx permits Xxxxxx to terminate the Agreement or any order relating to kiosks for the Xxxxxx’x convenience, Xxxxxx shall pay on the effective date of such termination: (a) all amounts due for the use of and all transaction fees due for use of the kiosks as of the effective date of termination; (b) all amounts that would have been due to Invoice Cloud through the end of the later of the term referenced in the Xxxxxx Agreement or the term of the kiosks referenced in the Xxxxxx Order Form, notwithstanding the termination, based on the minimum transaction fees on the Xxxxxx Order Form times the number of months remaining in the term in the Xxxxxx Order Form immediately prior to the effective date of termination, (c) all amounts due from Xxxxxx to the manufacturer for services or parts procured, and (d) any committed and non-cancellable amounts for equipment, Products or kiosks, purchased by Invoice Cloud as a result of Xxxxxx’x order of kiosks.

Term and Effect of Termination. Minimum fee charges as provided in the Xxxxxx Order Form shall apply from the earlier of four weeks from date of delivery to Xxxxxx of each applicable kiosk or the date that the kiosk is kiosks are operational. Notwithstanding anything to the contrary in the Xxxxxx Agreement, and notwithstanding anything to the contrary in any limitation of liability provision in the Xxxxxx Agreement, in the event that the Xxxxxx Agreement or other agreement between Invoice Cloud and the Xxxxxx permits Xxxxxx to terminate the Agreement or any order relating to kiosks for the Xxxxxx’x convenience, Xxxxxx shall pay on the effective date of such termination: (a) all amounts due for the use of and all transaction fees due for use of the kiosks as of the effective date of termination; (b) all amounts that would have been due to Invoice Cloud through the end of the later of the term referenced in the Xxxxxx Agreement or the term of the kiosks referenced in the Xxxxxx Order Form, notwithstanding the termination, based on the minimum transaction fees on the Xxxxxx Order Form times the number of months that were remaining in the term in the Xxxxxx Order Form immediately prior to the effective date of termination, (c) all amounts due from Xxxxxx to the manufacturer for services or parts procured, and (d) any committed and non-cancellable amounts for equipment, Products products or kiosks, purchased by Invoice Cloud as a result of Xxxxxx’x order of kiosks.