Term and Termination; Effect of Termination. The term of this Agreement will begin on the Agreement Effective Date and continue, unless terminated earlier by Lightspeed, until the date on which Lightspeed receives the full TSRA (the “Agreement Term”). Because Lightspeed is not providing Merchant with a loan under this Agreement, there are no scheduled payments or specified term for repayment. Lightspeed may immediately terminate this Agreement if Merchant fails to remedy a breach of this Agreement within five business days after receiving notice of the breach from Lightspeed.
Term and Termination; Effect of Termination a. This Agreement shall become effective as of the Effective Date and shall continue in full force and effect for one (1) year (the “Term”), unless earlier terminated in accordance with this Section 6. Thereafter, unless either Party provides the other Party written notice of its termination of this Agreement sixty (60) days prior to the then effective termination date of this Agreement, the Agreement shall automatically renew for successive one (1) year time periods (each a “Renewal Term”).
b. This Agreement shall terminate automatically upon the termination or expiration of the License Agreement.
c. Either Party may terminate this Agreement for any reason or for no reason upon sixty (60) days notice to the other Party.
d. In the event of a breach of this Agreement by either Party, the non- breaching Party shall have the right to terminate this Agreement if the breaching Party fails to substantially cure such breach within thirty (30) days of receipt of notice specifying the breach. If the breach is not cured within such cure period, the non- breaching Party shall have the right to send the breaching Party a final notice of termination which shall take effect upon receipt.
e. If (a) a petition in bankruptcy is filed by either Party, (b) a petition in bankruptcy is filed against either Party and such petition is finally sustained, (c) a petition for arrangement is filed by either Party or a petition for reorganization is filed by or against either Party, and an order is entered directing the liquidation of such Party as in bankruptcy, (d) either Party makes an assignment for the benefit of creditors, or (e) either Party liquidates its business for any cause whatsoever, the non-bankrupt or liquidating Party may terminate this Agreement immediately by notice to the other.
f. Upon termination of this Agreement, Sub-Licensee shall cease all use of the Licensed Marks, pay any Royalties owed as of the date of termination, and deliver to Sub-Licensor, free of any charge to Sub-Licensor, all signs, labels, packaging materials, advertising and similar items bearing the Licensed Mark that are then in the possession of the Sub-Licensee.
Term and Termination; Effect of Termination. The term of this Agreement shall begin on the date first written above and shall continue for a period of 12 calendar months thereafter ("Term") unless terminated in accordance with A, B or C as set forth below.
Term and Termination; Effect of Termination. 10.1 The term of this Agreement will commence on me Effective Date and will continue for four (4) years or until terminated as provided herein. Either party may terminate this Agreement at will upon thirty (30) days' written notice to the other.
10.2 Upon the expiration or termination of this Agreement, each party will be released from all obligations and liabilities to the other occurring or arising after the date of such termination, except that the provisions under Sections 3, 4, 5, 6, 8, 10, and 11 will survive the expiration or termination of this Agreement, and any such expiration or termination will not relieve Advisor or the Company from any liability arising from any breach of this Agreement.
10.3 Upon any expiration or termination of this Agreement, Advisor will promptly deliver to the Company all documents and other materials of any nature in Advisor's possession pertaining to the Services, together with all documents and other itep1s containing or pertaining to any Proprietary Information. Advisor will not retain copies of y such documents or other materials after termination of this Agreement.
Term and Termination; Effect of Termination. 3.1 This contract will take effect on April 28, 2008 (or earlier at EMPLOYEE’s convenience) and shall continue until EMPLOYEE’s employment is otherwise terminated, whether by EMPLOYEE or the COMPANY, each in its sole discretion. In connection with any such termination, the COMPANY shall pay EMPLOYEE all compensation and benefits accrued, but unpaid (including any accrued but unused vacation), up to the date of termination.
3.2 All information, documents and material entrusted to EMPLOYEE within the framework of this Agreement shall remain the property of the COMPANY. EMPLOYEE is required to return all such information, documents and material to the COMPANY (and all copies and reproductions thereof) at the moment of termination of this Agreement for whatever reason.
3.3 Except as otherwise provided below in this Section 3, if EMPLOYEE’s employment is terminated involuntarily by the COMPANY without Cause, or EMPLOYEE resigns his employment for Good Reason, then: (i) the COMPANY shall continue to pay EMPLOYEE each month, for a period of four (4) months from the date of termination, an amount equal to one twelfth (1/12) of EMPLOYEE’s annual base salary in effect as of the date of termination, (ii) the COMPANY will maintain (and pay premiums on) EMPLOYEE’s group medical and dental coverage during the period EMPLOYEE is receiving payments under clause (i) of this Section 3.3; and (iii) except in the case where EMPLOYEE resigns based on a material diminution in his duties, responsibilities, authorities, powers or functions (i.e. clause (ii) of the Good Reason definition), any outstanding but unvested or partially vested options held by EMPLOYEE in COMPANY and/or PARENT shall automatically (or, to the extent required by the terms of the applicable Stock Option Plan, following necessary board action) become fully vested and exercisable as of the effective date of such termination, with EMPLOYEE having a minimum of 90 days in which to exercise such option (or longer, as provided in the applicable stock option plan or Stock Option Agreement and/or to account for any lock-up period or closed trading window).
3.4 In the event that any termination that triggers severance under Section 3.3(i) occurs because of a consolidation, merger, reorganization, sale of all or substantially all of the assets or capital stock (including a control group tender offer) of COMPANY or PARENT, or other business combination in which PARENT is not the surviving entity (a “Change of Control”)...
Term and Termination; Effect of Termination. (a) This Agreement shall commence on the Effective Date and be effective for a term of three (3) years (the “Term”); provided, however, that either party may terminate this Agreement at any time by giving the other party thirty (30) days’ written notice of his or its intention to terminate this Agreement, and provided, further, that the Company may terminate this Agreement immediately for “Cause” without further liability on the part of the Company other than for accrued but unpaid Consulting Fees through the date of termination effective immediately upon written notice to Consultant. “Cause” shall mean the following: (i) the commission by Consultant of any act of embezzlement, fraud, larceny or theft on or from the Company or an affiliate of the Company; (ii) the commission by Consultant of a felony or any misdemeanor, which misdemeanor involves moral turpitude, deceit, dishonesty or fraud; (iii) any material misconduct or material violation of the Company’s policies, any of which continues for a period of 30 days after written notice detailing such material misconduct or violation of the Company’s policies is given to Consultant; or (iv) a material breach by Consultant of any of the covenants, terms or provisions of this Agreement or any agreement between the Company and Consultant regarding confidentiality, non-competition or assignment of inventions
Term and Termination; Effect of Termination. 9.1 The term of this Agreement will commence on the Termination Date and will continue until December 31, 2016, unless extended beyond that date by a mutual written agreement. Notwithstanding the foregoing: (i) the Company may terminate this Agreement for Cause (as that term is defined in the Amended and Restated Employment Agreement with an Effective Date of June 24, 2013 (the “Employment Agreement”)) at any time upon written notice; (ii) the Advisor may terminate this Agreement at any time upon written notice; (iii) either party may terminate this Agreement at any time by mutual consent; or (iv) either party may terminate this Agreement after January 6, 2016 at will upon thirty (30) days’ written notice to the other. The date this Agreement terminates for any reason shall be referred to herein as the “Date of Termination”.
9.2 Upon the expiration or termination of this Agreement, each party will be released from all obligations and liabilities to the other occurring or arising after the Date of Termination, except that the provisions under Sections 2, 3, 4, 5, 7, 8, 9 and 10 will survive the expiration or termination of this Agreement, and any such expiration or termination will not relieve Advisor or the Company from any liability arising from any breach of this Agreement.
9.3 Upon any expiration or termination of this Agreement, Advisor will promptly deliver to the Company all documents and other materials containing or pertaining to any Confidential Information pertaining to the Company or the Services in Advisor’s possession. Advisor will not retain copies of any such documents or other materials after termination of this Agreement.
Term and Termination; Effect of Termination. 4.1. Unless otherwise terminated under this Section 4, this Agreement shall automatically terminate five (5) years from the Effective Date (the “Term”), regardless of whether Factom provides notice to Licensee beyond this Section4.
4.2. Either party may terminate this Agreement for any or no reason by providing sixty
4.3. Should Licensee breach any of its obligations under this Agreement, including failure to pay under Section 3 above, or otherwise infringe upon any of Factom’s intellectual property rights, Factom may terminate this Agreement by providing Licensee with ten (10) days written notice, unless Licensee cures the breach within ten (10) days of receiving such notice and provides written notice to Factom of the cure.
4.4. This Agreement shall automatically terminate, without prior notice or action by Factom, should Licensee make any assignments of assets or business for the benefit of creditors, or a trustee or receiver is appointed to conduct its business or affairs, or if Licensee is adjudged in any legal proceeding to be in either a voluntary or involuntary bankruptcy.
4.5. Upon termination for any reason, Licensee shall immediately cease all uses of the FACTOM Xxxx. Licensee shall, in a timely manner, either provide to Factom all tangible items on which it has used the FACTOM Xxxx or destroy all such items and provide written notice to Factom of having done so.
Term and Termination; Effect of Termination. The term of this Agreement shall begin on the effective date of the Merger and shall continue for a period of 12 calendar months thereafter ("Term") unless terminated in accordance with Sections A. B. or C. as set forth below.
Term and Termination; Effect of Termination. (a) This Agreement will commence and become effective on the Effective Date and, unless earlier terminated as provided herein, will remain effective in perpetuity.
(b) In addition to any other rights RR may have at law or equity, and whether pursuant to this Agreement or otherwise, RR may terminate this Agreement and the rights and licenses granted herein upon breach by FTI of any material obligation or condition contained in this Agreement to be performed or observed and the failure of FTI to remedy such breach within thirty (30) calendar days after receipt of written notice from RR setting forth in reasonable detail the nature of such breach and requiring FTI to cure such breach.
(c) On any termination of this Agreement, FTI will not make any further use of any Confidential Information, which shall continue to be subject to restrictions on use and disclosure. Termination of this Agreement for any cause shall not relieve FTI of its obligations under Section 4 regarding confidentiality and non-disclosure, and that Section and the obligations of FTI therein shall survive termination of this Agreement.
