Common use of Term and Termination of Cloud Services Clause in Contracts

Term and Termination of Cloud Services. a. The term of a Cloud Service begins on the date IBM notifies Client that Client can access the Cloud Service. IBM will specify whether the Cloud Service renews automatically, proceeds on a continuous use basis, or terminates at the end of the term. For automatic renewal, unless Client provides written notice to IBM or the IBM Business Partner involved in the Cloud Service not to renew at least 30 days prior to the term expiration date, the Cloud Service will automatically renew for the specified term. For continuous use, the Cloud Service will continue to be available on a month to month basis until Client provides 30 days written notice to IBM or the IBM Business Partner involved in the Cloud Service of termination. The Cloud Service will remain available to the end of the calendar month after such 30 day period. b. IBM may suspend or limit, to the extent necessary, Client’s use of a Cloud Service if IBM determines there is a material breach of Client’s obligations, a security breach, violation of law, or breach of the terms set forth in section 2 (f). If the cause of the suspension can reasonably be remedied, IBM will provide notice of the actions Client must take to reinstate the Cloud Service. If Client fails to take such actions within a reasonable time, IBM may terminate the Cloud Service. c. Client may terminate a Cloud Service on one month’s notice: i) at the written recommendation of a government or regulatory agency following a change in either applicable law or the Cloud Services; ii) if IBM’s modification to the computing environment used to provide the Cloud Service causes Client to be noncompliant with applicable laws; or iii) if IBM notifies Client of a modification that has a material adverse effect on Client’s use of the Cloud Service, provided that IBM will have 90 days to work with Client to minimize such effect. In the event of such termination, IBM shall refund a portion of any prepaid amounts for the applicable Cloud Service for the period after the date of termination. If the Agreement is terminated for any other reason, Client shall pay to IBM, on the date of termination, the total amounts due per the Agreement. Upon termination, IBM may assist Client in transitioning Client’s Content to an alternative technology for an additional charge and under separately agreed terms.

Term and Termination of Cloud Services. a. The term of a Cloud Service begins on the date IBM notifies Client that Client can access the Cloud ServiceServices. IBM The ordering TD will specify whether the Cloud Service renews Services renew automatically, proceeds proceed on a continuous use basis, or terminates terminate at the end of the term. For automatic renewal, unless Client provides written notice to IBM or the IBM Business Partner involved in the Cloud Service not to renew at least 30 days prior to the term expiration date, the Cloud Service Services will automatically renew for the specified term. For continuous use, the Cloud Service Services will continue to be available on a month to month-to-month basis until Client provides 30 days written termination notice to IBM or the IBM Business Partner involved in the Cloud Service of terminationIBM. The Cloud Service Services will remain available to until the end of the calendar month after such 30 30-day period. b. IBM may suspend or limit, to the extent necessary, Client’s 's use of a Cloud Service if IBM reasonably determines there is a material breach of Client’s 's obligations, a security breach, violation of law, or breach of the acceptable use terms set forth in section 2 (f)1 above. IBM will provide notice prior to a suspension, as commercially reasonable. If the cause of the a suspension can reasonably be remedied, IBM will provide notice of the actions Client must take to reinstate the Cloud ServiceServices. If Client fails to take such actions within a reasonable time, IBM may terminate the Cloud ServiceServices. c. Client may terminate a Cloud Service on one month’s 30 days' notice: i) at the written recommendation of a government or regulatory agency following a change in either applicable law or the Cloud Services; ii) if IBM’s modification a change to the computing environment used to provide the Cloud Service Services causes Client to be noncompliant with applicable laws; or iii) if IBM notifies Client of a modification change to the Cloud Services that has a material adverse effect on Client’s 's use of the Cloud ServiceServices, provided that IBM will have 90 days to work with Client to minimize minimise such effect. In the event of any such terminationClient termination above or a similar termination of a Non-IBM Product as permitted in the third-party agreement terms, IBM shall refund a portion of any prepaid amounts for the applicable Cloud Service for the period after the date of termination. Client may terminate a Cloud Services for material breach of IBM's obligations by IBM giving notice and reasonable time to comply. If the Agreement is Cloud Services or Non- IBM Products are terminated for any other reason, Client shall will pay to IBM, on the date of termination, the total amounts due per the Agreement. Upon termination, IBM may assist Client in transitioning Client’s Content to an alternative technology for an additional charge and under separately agreed terms.

Term and Termination of Cloud Services. a. The term of a Cloud Service begins on the date IBM Instana notifies Client that Client can access the Cloud Service. IBM Instana will specify whether the Cloud Service renews automatically, proceeds on a continuous use basis, or terminates at the end of the term. For automatic renewal, unless Client provides written notice to IBM Instana or the IBM Instana Business Partner involved in the Cloud Service not to renew at least 30 days prior to the term expiration date, the Cloud Service will automatically renew for the specified term. For continuous use, the Cloud Service will continue to be available on a month to month basis until Client provides 30 days written notice to IBM Instana or the IBM Instana Business Partner involved in the Cloud Service of termination. The Cloud Service will remain available to the end of the calendar month after such 30 day period. b. IBM Instana may suspend or limit, to the extent necessary, Client’s use of a Cloud Service if IBM Instana determines there is a material breach of Client’s obligations, a security breach, violation of law, or breach of the terms set forth in section 2 (fe). If the cause of the suspension can reasonably be remedied, IBM Instana will provide notice of the actions Client must take to reinstate the Cloud Service. If Client fails to take such actions within a reasonable time, IBM Instana may terminate the Cloud Service. c. Client may terminate a Cloud Service on one month’s notice: i) at the written recommendation of a government or regulatory agency following a change in either applicable law or the Cloud Services; ii) if IBMInstana’s modification to the computing environment used to provide the Cloud Service causes Client to be noncompliant with applicable laws; or iii) if IBM Instana notifies Client of a modification that has a material adverse effect on Client’s use of the Cloud Service, provided that IBM Instana will have 90 days to work with Client to minimize such effect. In the event of such termination, IBM Instana shall refund a portion of any prepaid amounts for the applicable Cloud Service for the period after the date of termination. If the Agreement is terminated for any other reason, Client shall pay to IBMInstana, on the date of termination, the total amounts due per the Agreement. Upon termination, IBM Instana may assist Client in transitioning Client’s Content to an alternative technology for an additional charge and under separately agreed terms.

Term and Termination of Cloud Services. a. The term of a Cloud Service begins on the date IBM SEVONE notifies Client that Client can access the Cloud Service. IBM SEVONE will specify whether the Cloud Service renews automatically, proceeds on a continuous use basis, or terminates at the end of the term. For automatic renewal, unless Client provides written notice to IBM SEVONE or the IBM SEVONE Business Partner involved in the Cloud Service not to renew at least 30 days prior to the term expiration date, the Cloud Service will automatically renew for the specified term. For continuous use, the Cloud Service will continue to be available on a month to month basis until Client provides 30 days written notice to IBM SEVONE or the IBM SEVONE Business Partner involved in the Cloud Service of termination. The Cloud Service will remain available to the end of the calendar month after such 30 day period. b. IBM SEVONE may suspend or limit, to the extent necessary, Client’s use of a Cloud Service if IBM SEVONE determines there is a material breach of Client’s obligations, a security breach, violation of law, or breach of the terms set forth in section 2 (fe). If the cause of the suspension can reasonably be remedied, IBM SEVONE will provide notice of the actions Client must take to reinstate the Cloud Service. If Client fails to take such actions within a reasonable time, IBM SEVONE may terminate the Cloud Service. c. Client may terminate a Cloud Service on one month’s notice: i) at the written recommendation of a government or regulatory agency following a change in either applicable law or the Cloud Services; ii) if IBMSEVONE’s modification to the computing environment used to provide the Cloud Service causes Client to be noncompliant with applicable laws; or iii) if IBM SEVONE notifies Client of a modification that has a material adverse effect on Client’s use of the Cloud Service, provided that IBM SEVONE will have 90 days to work with Client to minimize such effect. In the event of such termination, IBM SEVONE shall refund a portion of any prepaid amounts for the applicable Cloud Service for the period after the date of termination. If the Agreement is terminated for any other reason, Client shall pay to IBMSEVONE, on the date of termination, the total amounts due per the Agreement. Upon termination, IBM SEVONE may assist Client in transitioning Client’s Content to an alternative technology for an additional charge and under separately agreed terms.

Term and Termination of Cloud Services. a. The term of a Cloud Service begins on the date Datatrend or IBM notifies Client that Client can access the Cloud Service. IBM Datatrend will specify whether the Cloud Service renews automatically, proceeds on a continuous use basis, or terminates at the end of the term. For automatic renewal, unless Client provides written notice to IBM or the IBM Business Partner involved in the Cloud Service Datatrend not to renew at least 30 days prior to the term expiration date, the Cloud Service will automatically renew for the specified term. For continuous use, the Cloud Service will continue to be available on a month to month basis until Client provides 30 days written notice to IBM or the IBM Business Partner involved in the Cloud Service Datatrend of termination. The Cloud Service will remain available to the end of the calendar month after such 30 30-day period. b. IBM may suspend or limit, to the extent necessary, Client’s use of a Cloud Service if IBM determines there is a material breach of Client’s obligations, a security breach, violation of law, or breach of the terms set forth in section 2 (f2(f). If the cause of the suspension can reasonably be remedied, Datatrend or IBM will provide notice of the actions Client must take to reinstate the Cloud Service. If Client fails to take such actions within a reasonable time, IBM may terminate the Cloud ServiceService and Datatrend shall be entitled to terminate the applicable Sales Order. c. Client may terminate a Cloud Service on one month’s notice: i) at the written recommendation of a government or regulatory agency following a change in either applicable law or the Cloud Services; ii) if Datatrend’s or IBM’s modification to the computing environment used to provide the Cloud Service causes Client to be noncompliant with applicable laws; or iii) if Datatrend or IBM notifies Client of a modification that has a material adverse effect on Client’s use of the Cloud Service, provided that Datatrend and IBM will have 90 days to work with Client to minimize such effect. In the event of such termination, IBM Datatrend shall refund a portion of any prepaid amounts for the applicable Cloud Service for the period after the date of termination. If the Agreement is terminated for any other reason, Client shall pay to IBMDatatrend, on the date of termination, the total amounts due per the Agreement. Upon termination, IBM Datatrend may assist Client in transitioning Client’s Content to an alternative technology for an additional charge and under separately agreed terms.