Term and Termination; Default a. This Agreement shall commence when signed by both parties ("Effective Date") and shall continue for twelve months at which time the contract will automatically renew for another twelve months unless terminated pursuant to this Section 5. Subscriber must terminate this Agreement at least 30 and not more than 60 days prior to the automatic renewal date by written notice to Licensor. Licensor may terminate this Agreement immediately at any time for any reason or no reason.
b. Subscriber will be in default hereunder if it fails to pay Fees when due, fails to perform any of its obligations hereunder. If Subscriber is in default, then Licensor or Third Party Providers may terminate this Agreement or pursue other legal or equitable remedies, and Subscriber shall pay all costs and expenses, including any attorneys' fees, whether such remedies are pursued by lawsuit or otherwise.
c. Licensor may terminate this Agreement if Subscriber ceases to carry on its business, becomes the subject of any proceedings for the relief of debtors or otherwise becomes insolvent, bankrupt, or makes an assignment for the benefit of creditors.
d. Upon termination of this Agreement by Licensor: (i) the License shall terminate immediately and Subscriber and End Users shall immediately stop all use and operation of IdeaLink™; (ii) Licensor shall have no continuing obligation to permit use of or access to IdeaLink™ and any current Password shall be invalidated; (iii) Subscriber shall return to Licensor any equipment including any identification key within fifteen (15) days after termination; (iv) Subscriber shall return, delete or destroy (as requested by Licensor) all Software media, documentation, Data, and Proprietary Information associated with IdeaLink™; and (v) Subscriber shall cease any use of marks associated with Licensor or IdeaLink™ including without limitation the IdeaLink™ trademark.
e. Termination of this Agreement will not prejudice recovery by a party of any amount due at the time of termination or any other rights or remedies otherwise available under this Agreement. On termination for any reason, all obligations that are intended to survive termination will continue, including without limitation the provisions of Sections 1, 2.a, 3.d-e, and 4-14.
Term and Termination; Default a) The term of this Agreement (“Term”) shall be three (3) years from the effective date hereof; provided, that notwithstanding the expiration of the Term, the terms and conditions of this Agreement shall remain in effect and continue to apply to the parties’ respective rights and obligations for performance under any Purchase Order or SOW. No new Purchase Orders or SOWs shall be placed under this Agreement after the expiration or termination of this Agreement.
b) The parties may terminate this Agreement by mutual written agreement.
c) The parties may renew this Agreement by mutual written agreement.
Term and Termination; Default. 22.1 This Agreement shall be effective as of the date first above written and, unless terminated earlier in accordance with the terms hereof, shall continue in effect until June 23, 2005 (the “Initial Term”), and thereafter the Agreement shall continue in force and effect on a month-to-month basis unless and until terminated as provided herein.
22.2 [Intentionally deleted]
22.3 Either TCG or Verizon may terminate this Agreement, effective upon the expiration of the Initial Term or effective upon any date after expiration of the Initial Term, by providing written notice of termination at least ninety (90) days, but not greater than nine (9) months, in advance of the date of termination. In the event of such termination, if neither Party has requested renegotiation of a successor interconnection agreement pursuant to Section 22.4, the service arrangements made available under this Agreement and existing at the time of termination shall, unless otherwise agreed to by the Parties, continue without interruption under (a) standard Interconnection terms and conditions approved and made generally effective by the Commission, (b) Tariff terms and conditions generally available to CLECs or (c) if none of the above is available, under the terms of this Agreement on a month-to-month basis until such time as a new agreement is entered into, or if no agreement is entered into, until (a) or (b) becomes available.
22.4 TCG (i) may make, at its option, nine (9) months prior to the expiration of the Initial Term, or (ii) shall make, at Verizon’s request, but no earlier than nine (9) month prior to the end of the Initial Term, a written request to Verizon to renegotiate the terms of this Agreement pursuant to Section 251(c)(1) of the Act (“Request for Renegotiation”). The date of receipt of such Request for Renegotiation shall be the “Renegotiation Request Date”. Any such Request for Renegotiation shall be deemed by both Parties to be notice of termination of this Agreement and a good faith request for Interconnection pursuant to Section 252 of the Act (or any successor provision). The terms and conditions of this Agreement shall remain in effect during the period of renegotiations; provided, however, if the Parties do not execute a new interconnection agreement within one hundred and sixty (160) days after the Renegotiation Request Date, the terms and conditions of this Agreement shall continue in full force and effect only if TCG files an arbitration petition pursuant to S...
Term and Termination; Default. (a) The term of this Agreement shall commence as of the date first written above and a party hereto may terminate this Agreement by providing not less than 90 days' written notice to the other party at any time after December 31, 2003.
(b) Notwithstanding Section 6.2(a), a party hereto may terminate this Agreement by providing written notice to the other party if the other party or any Subsidiary of such other party is in default of this Agreement and such default is material and remains uncured for fifteen days after receipt of notice thereof by the other party.
(c) Notwithstanding Section 6.2(a), Vornado Sub may terminate this Agreement by providing written notice to the Company upon the occurrence of a Change in Control. The Company shall, within 10 days following the date of the consummation of a transaction resulting in a Change of Control, provide Vornado Sub with written notice of such Change of Control. A "Change of Control" shall be deemed to have occurred in the event that, after the date of this Agreement, either (A) any Person or any Persons acting together which would constitute a "group" (a "Group") for purposes of Section 13(d) of the Exchange Act, or any successor provision thereto, together with any Affiliates thereof, shall beneficially own (as defined in Rule 13d-3 of the Exchange Act or any successor provision thereto) at least 50% of the aggregate voting power of all classes of capital stock of the Company entitled to vote generally in the election of directors of the Company; or (B) during any consecutive two-year period, individuals who at the beginning of such period constituted the Board of Directors of the Company (together with any new directors whose election to such Board of Directors or whose nomination for election by the stockholders of the Company was approved by a vote of a majority of the directors of the Company then still in office who were either directors at the beginning of such period or whose election was previously so approved) cease for any reason to constitute a majority of the Board of Directors of the Company then in office.
Term and Termination; Default. (For BOTH SaaS and OOS)
Term and Termination; Default. (a) The term of this Agreement shall commence on the date hereof and shall continue for seven (7) months from the date hereof, (the "Transition Period"); provided, however, that (i) the Transition Period for the DMX 4000 Products shall be three (3) months, or such shorter period as Unimark may determine, and (ii) at the end of such seven (7) month period Unimark shall begin to relocate ATB products and related Assets to Unimark's facility and shall complete such relocation for all ATB products and related Assets during the ensuing two months.
(b) Notwithstanding the foregoing, the termination of this Agreement pursuant to any of the provisions of this Agreement shall be without prejudice to any rights, or diminution of any obligation or liability of either party, that may have accrued prior to the effective date of such termination. In addition, the provisions of Section 5 shall survive the termination of this Agreement.
Term and Termination; Default. This Agreement shall be effective as of the date first above written and, unless terminated earlier in accordance with the terms hereof, shall continue in effect until MM/DD, 200X (the “Initial Term”), and thereafter the Agreement shall continue in force and effect on a month-to-month basis unless and until terminated as provided herein. Following termination of this Agreement pursuant to this Section 22.1, this Agreement shall remain in effect as to any Termination Date Verizon Service for the remainder of the Contract Period applicable to such Termination Date Verizon Service at the time of the termination of this Agreement. If a Termination Date Verizon Service is terminated prior to the expiration of the Contract Period applicable to such Termination Date Verizon Service, AT&T shall pay any termination charge provided for in this Agreement.
Term and Termination; Default. This Agreement shall remain in effect for an initial term of five (5) years with respect to Naphthalene-based Products (i.e. Lomar and Spray Drys ) and Calcium Stearate products and three (3) years with respect to all other Products beginning on the Closing Date. Thereafter, this Agreement shall be automatically renewed for successive one-year periods, unless either party provides prior written notice, at least one-year in advance, of its intent to terminate this Agreement at the end of the initial term or at any time thereafter. Any such termination of this Agreement shall be without prejudice to any other remedies which either party may have against the other arising out of such breach or default and shall not affect any rights or obligations of either party arising under this Agreement prior to such termination. In the event of termination by HENKEL, HENKEL shall pay for all Products ordered, processed, packaged and available for shipment prior to the effective date of termination. This Agreement and any rights granted hereunder may be terminated as follows:
(i) in whole or in part by the mutual written consent of the parties hereto;
(ii) By either party by written notice to the other party upon any material breach or default of any provision or obligation of this Agreement, including without limitation a material breach of the representations, warranties or covenants set forth herein, and failure to cure such breach or default within sixty (60) days after notice thereof; or
(iii) upon termination of the Supply Agreement of even date between the parties, relating to the supply of products by HENKEL to COMPANY, at the election of the non-terminating party.
Term and Termination; Default. This Agreement shall remain in effect for an initial term of five (5) years with respect to Henkel Products and three (3) years with respect to Toll Products beginning on the Closing Date. Thereafter, this Agreement shall be automatically renewed for successive one-year periods, unless
Term and Termination; Default. 48 15.1 Term of JV Companies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
