Term and Termination; Suspension a) The term of this Agreement begins on the effective date of the Order and will remain in effect for each Service for the duration of the Order or SOW applicable to such Service. Each Order or SOW will be effective as of the date in such Order or SOW and will remain in effect until its expiration or until your account is closed. If this Agreement is terminated, any Order entered into beforehand will, unless terminated under another provision of this Agreement, remain in effect for its entire term and this Agreement will remain in effect for the Order until its termination.
b) Except as set forth in an Order, SOW or Product Terms, you or we may terminate your account at any time and for any reason by giving 30 days’ notice to the other and we may suspend the relevant Service to you at any time, with or without cause. If we terminate for cause or you terminate the Service during the term or any renewal period you will be liable for all payments that would be due to us for the Service during the term or any renewal period had you not terminated.
c) We may at any time without notice: i) refuse to accept your Orders for the Sites and/or Services; ii) move, suspend or terminate all or any part of the Sites and/or Services; or iii) refuse to fulfill any Order or any part of any Order or terminate your account and delete any content stored in your account if, in our sole discretion, if you violate any laws in connection with your use of the Sites or the Services or if a competent regulatory authority requires us to do so.
d) Once your use of a Service is terminated, (i) we may permanently delete your account and all the data associated with it, (ii) you must immediately stop using the Service and Software, and remove any Software from the computers on which it was installed, (iii) each party will promptly return or destroy all confidential information of the other party; and (iv) your access to the Service will continue through the current billing period for access to the Service (the “Billing Period”) for which you have paid in advance, unless you have failed to comply with this Agreement, in which case your access will be immediately revoked. You won’t be entitled to a refund from us under any circumstances.
e) Termination of this Agreement will be in addition to and not in lieu of any other legal or equitable remedies available to us.
Term and Termination; Suspension. This Agreement shall remain in full force and effect so long as you use the service in strict accordance with the terms, conditions and limitations of this Agreement. Either party may terminate this Agreement for any reason or for no reason upon written notice to the other party (email is sufficient). The University may suspend your access to the services and the performance of any services at any time and without notice if the University reasonably believes in its sole discretion that you have breached any of the terms of this Agreement. If the University terminates this Agreement (except in the event of a breach of the Agreement by you), we will refund to you a prorated portion of your fees based on the date of termination. Upon termination of this Agreement, your right to use and/or access the services directly related to TES shall terminate, and the University will cease performance of any of these services. The following provisions shall survive termination of this Agreement: Notwithstanding the foregoing, after termination of this Agreement, you may continue to use TES reports that you have downloaded prior to the effective date of termination, solely in accordance with all restrictions herein.
Term and Termination; Suspension. Each Order Form will specify a Service Effective Date, an Initial Subscription Term, and a Renewal Term for the Services subscribed to in that Order Form.
Term and Termination; Suspension. The term for each Cloud Service (“Term”) is: (i) the time period specified in the Order, commencing on the date of availability or (ii) for Cloud Services provided on a transaction basis, the Term shall be the validity period for processing the transactions and any renewal terms in the Schedule(s), as applicable, unless specifically stated in the Order. Either party has the right to terminate this Addendum and any and/or all rights granted under this Addendum upon written notice to the other party if the other party: (a) is in default of any obligation hereunder which default is incapable of being cured, or which, being capable of being cured, has not been cured within thirty (30) days after receipt of written notice of such default; or (b) becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, becomes subject to any proceeding under any bankruptcy or insolvency law whether domestic or foreign, or has been liquidated, voluntarily or otherwise. Immediately upon termination, the licenses granted hereunder and rights to use shall terminate, and Customer must stop using the Cloud Service. Within five (5) days after termination, Customer will de-install associated Software and all copies thereof and (a) return to Informatica the Software in the form provided by Informatica and all copies in whole or in part made by Customer; or (b) upon request by Informatica destroy the Software and all copies, and certify in writing that they have been destroyed. If Customer terminates the Agreement, Customer still must pay all fees accruing prior to termination.
Term and Termination; Suspension. This Agreement begins on your acceptance of the terms and conditions of this Agreement and expires upon termination. Nuance may terminate or suspend this Agreement, and/or the licenses granted or Service provided hereunder, at any time in its sole discretion, with or without cause, by notifying you that the Service has expired or has been terminated or suspended. This Agreement shall terminate automatically upon the breach of any of its terms and conditions by you. Upon termination, you shall immediately stop use of the Software and Service and shall delete all copies of the Software.
Term and Termination; Suspension a. Initial and renewal terms. Unless stated otherwise in an applicable Order Form, this Agreement will be in effect for an initial term of 12 months, commencing on the date ZoneVu Service is first provided hereunder. Either party will give written notice of nonrenewal more than 30 days before the end of the then-current term.
Term and Termination; Suspension. 3.1 The Term of this Agreement will commence on the date that the Service is activated for an initial term as specified in the Estimate. The Agreement thereafter automatically renews for successive terms of equal length, unless Client or ZIP gives advance written notice to the other at least 30 days before the end of the then current term.
3.2 ZIP may immediately suspend or terminate Service, without any liability to Client whatsoever, if Client (or other User, as may be applicable): fails to pay Client’s account that is 60 days past due; fails to meet ZIP’s credit requirements; becomes bankrupt or otherwise insolvent; is reasonably suspected by ZIP of Using the Services in a fraudulent or illegal manner; fails to comply with ZIP’s reasonable Usage policies instituted from time to time, including the Acceptable Use Policy; otherwise interferes with ZIP’s facilities, Equipment, network or connections; or otherwise is in material breach of this Agreement.
3.3 Prior to suspension or termination, ZIP will make reasonable efforts to provide Client with advance notice, stating the reason for the proposed suspension or termination, the amount owing (if any) and any notice period, determined in ZIP’s reasonable discretion, during which Client will have the opportunity to rectify the reason for proposed suspension or termination.
3.4 If Client terminates this Agreement during the initial term as set out in the Estimate, other than in accordance with the terms of this Agreement, Client shall pay ZIP as liquidated damages, and not as a penalty, an amount which is equal to one hundred percent of the monthly recurring charge for each of the Services, multiplied by the number of months remaining in the then current term, including without limitation, installation charges, removal costs and rental costs, and Client will forfeit a refund of any prepayment or deposit made for the Services.
3.5 In the event of a suspension or termination of the Service, all features and services, including emergency 9-1-1 service, will also be suspended or terminated. A suspension or termination will not affect Client’s obligation to pay any amounts owed to ZIP either during or after the suspension or termination, including the full month’s charges for the month where Client’s Service is suspended or terminated.
3.6 If the Service is suspended or terminated, a reconnection service charge may be applied for reconnecting the Service. Following a suspension or termination of Service, ZIP canno...
Term and Termination; Suspension. This Agreement is effective on the mutual execution of this Agreement (“Effective Date) and will continue until terminated by either party in accordance with this Agreement (the “Term”). If the Services continue to be provided under an Order Form after termination of this Agreement, then this Agreement will continue to be in effect until all Order Forms are terminated or the obligations under all Order Forms are completed. This Agreement may be terminated by either party on delivery of written notice of termination to the other party, as follows: (a) if the other party materially breaches this Agreement and such breach is not capable of being cured; (b) if the other party materially breaches this Agreement, such breach is capable of being cured and the breaching party fails to cure such breach within thirty (30) days after receipt of written notice of such breach from the nonbreaching party; or (c) if the other party: (i) makes a general assignment for the benefit of creditors, (ii) admits in writing its inability to pay debts as they come due, (iii) voluntarily files a petition or similar document initiating any bankruptcy or reorganization proceeding, or (iv) involuntarily becomes the subject of a petition in bankruptcy or reorganization proceeding and such proceeding shall not have been dismissed or stayed within sixty (60) days after such filing. Termination of this Agreement shall terminate all rights granted in this Agreement. No termination or expiration of this Agreement shall relieve Subscriber of its outstanding payment obligations at the time of such termination or expiration. Upon the termination of this Agreement each party shall promptly (a) discontinue any use of the name, logotype, trademarks, trade names, service marks, service names or slogans and other marks of the other party and/or its products and services; and (b) discontinue all representations or statements from which it might be inferred that any relationship exists between the parties under the terms of this Agreement. Upon termination of this Agreement for any reason (x) Subscriber will cease all use of the Services, and if applicable, will pay BioCatch any outstanding fees and (y) Subscriber will not be entitled to any refunds or credits for unused Services. Notwithstanding anything to the contrary in this Agreement, BioCatch may temporarily suspend Subscriber’s access to any portion or all of the Services if: (a) BioCatch reasonably determines that (i) there is a threat or at...
Term and Termination; Suspension. (a) This Agreement commences on the Effective Date and shall be effective through the first complete calendar year after the Effective Date (the “Initial Term”). Thereafter this Agreement shall automatically renew on a year-to-year basis each January 1. Licensor may modify the rates used to calculate the Annual Fees set out in Schedule B for each new contract year, provided that Licensor shall give to Licensee written notice of the rates applicable to the subsequent renewal term.
(b) If Licensor discovers that Licensee is in breach or default of this Agreement, then Licensor shall deliver notice of such breach or default to Licensee. Licensee shall have ten (10) days to cure such breach or default. If such breach or default is not cured within the ten-day cure period, then Licensor may terminate this Agreement and seek damages including0 legal and equitable relief.
(c) Upon termination of this Agreement for any reason, including due to a breach or default by the Licensee, the license granted herein shall terminate, the Licensee shall cease using the Product, and the Licensee shall either (i) promptly return the Product and other materials related to the Product to Licensor, or (ii) destroy the Product and other materials and certify such in writing to Licensor.
(d) Notwithstanding a termination of this Agreement for any reason, Paragraphs 5, 6, 7, and 8 shall survive the termination of this Agreement.
(e) If Licensee is delinquent in the payment of any fees due under this Agreement, or under any other agreement Licensor may in its sole discretion disable the Product and prevent access until such delinquency is cured. This remedy is in addition to, and not substitution of, other remedies available to Licensor arising from the delinquency.
Term and Termination; Suspension. 1.1. The Agreement commences on the date of signature of the Merchant Agreement and the Merchant Application Form (which shall with all Legal Agreements posted online on Oro Pay website as amended from time to time form part of this Agreement) and/or on the date of signing up to Oro Pay Service (if available for Merchants) and will continue in full force and effect unless and until either party terminates this Agreement in accordance with this clause herein-below and/or relevant clause 8.1. of the Terms & Conditions of Services of Oro Pay (General Client Agreement of Oro Pay Service). For avoidance of any doubt, any termination under the Terms & Conditions of Services of Oro Pay (General Client Agreement of Oro Pay Service) or other applicable Legal Agreement as posted on Oro Pay website (and amended from time to time) shall be deemed a termination of this Agreement.
1.2. Without prejudice to termination rights under the Terms & Conditions of Services of Oro Pay (General Client Agreement of Oro Pay Service) or any other applicable Legal Agreement:
1.2.1. Either Party has the right to terminate immediately this Agreement, if the other Party:
1.2.1.1. Admits it is in default of its debts;
1.2.1.2. Makes a general assignment for the benefit of creditors;
1.2.1.3. Files for voluntary bankruptcy judgement or consents to the filing of a petition of bankruptcy against it;
1.2.1.4. Has been resolved insolvent or bankrupt by a court of competent jurisdiction;
1.2.1.5. Seeks bankruptcy protection or has been granted bankruptcy protection to reorganize its operations;
1.2.1.6. Had a receiver or trustee appointed for the proper disposition, liquidation of assets.
1.2.2. Oro Pay may at its own choice suspend the Merchant’s access to the Services or terminate this Agreement with a notice of 7 days on the following occurrences:
1.2.2.1. Upon the occurrence of a material breach of this Agreement by the Merchant if such breach is not remedied within seven (7) calendar days, following written or electronic (or with any other manner provided elsewhere) notification or notice to the Merchant identifying the matter or circumstances constituting the material breach;
1.2.2.2. The Merchant commits fraud or is suspected of having committed fraud, or Oro Pay has reason to suspect that there is fraudulent activity related to the account;
1.2.2.3. The Merchant is consistently unresponsive to inquiries involving confirmation of accuracy and/or completeness and/or update of its informa...
