Term Breach Termination Sample Clauses
Term Breach Termination. 8.1. Except as otherwise provided in this SLA, this SLA will commence on the date of delivery of the Software to the Customer and will continue until:-
8.1.1. Datascope gives the Customer 12 months written notice of its intention to terminate this SLA, which notice period will run concurrently with an ALF period; or
8.1.2. the Customer gives Datascope written notice of its intention to terminate this SLA at least 30 days before the start of the next ALF period, in which event this SLA will terminate at the end of the ALF period in which the notice is given.
8.2. Should the Customer fail to pay any charges or fees to Datascope within the periods set out in this SLA, or should the Customer attempt to use, copy, modify, licence or transfer the Software or any component thereof in breach of the provisions of this SLA or should the Customer breach any other material provision of this SLA or should it be placed into liquidation, whether provisional or final, or business rescue, whether provisional or final, or should you commit an act of insolvency, we have the right, without prejudice to any other rights that we have in law, to :-
8.2.1. enforce your specific performance; or
8.2.2. immediately terminate this SLA, And in both cases Datascope will be able to claim from the Customer whatever damages or loss Datascope has suffered.
8.3. On the termination of this SLA, for whatever reason, the Customer will lose its right to use the Software. The Customer must therefore delete the Software from its system and return ALL COPIES of the Software to Datascope within 14 days of date of termination or the Customer may, with Datascope’s written permission, destroy ALL COPIES of the Software and provide Datascope with a certificate confirming that the Customer has done so. The Customer will not be entitled to any refunds of any fees of whatsoever nature paid to Datascope.
Term Breach Termination. (a) The license and distributorship granted hereunder by this Agreement shall be for an initial term of two (2) years from the Effective Date and shall automatically renew for subsequent one (1) year periods (each a "Renewal Term"), unless earlier terminated in accordance with this section. In the event either party should fail to perform or comply with its obligations, representations, warranties or covenants hereunder, the non-defaulting party shall have the right, without waiving, limiting, removing or restricting any other legal or equitable rights or remedies it may have, to cease performance under this Agreement, and, if such breach is not remedied within thirty (30) calendar days after written notice to the defaulting party, to terminate this Agreement.
(b) Upon termination of this Agreement, (i) Distributor's right to act as licensee and distributor of the Products shall cease, (ii) Distributor shall immediately cease exercising any rights granted under this Agreement, (iii) Distributor shall return to the Company all Confidential Information (as defined in Section 11) and any copies or derivatives thereof, and (iv) Distributor may sell in the Territory any remaining Product inventory purchased during the term of this Agreement for a period of twelve (12) months from the termination date. Following the twelve (12) month period, Distributor shall return to the Company or destroy any remaining Product inventory. Termination of this Agreement shall not discharge or terminate any obligations either party has to the other that have accrued as of the date the Agreement is terminated. The Company, or its agents, shall upon request be afforded sufficient access to Distributor's premises to verify adherence to the covenants contained in this Section 10.
(c) Any provision of this Agreement to the contrary notwithstanding, the Company shall have the right to terminate this Agreement, if (i) Distributor fails to make timely payments, or (ii) a filing of a petition of bankruptcy by or against Distributor.
(d) Any provision of this Agreement to the contrary notwithstanding, Distributor shall have the right to terminate this Agreement in the case of a filing of a petition of bankruptcy by or against the Company.
Term Breach Termination. 10. This Agreement shall have a term of five (5) years following execution
11. If the Developer fails to comply with any provision of this agreement, the City may notify Developer of the breach in writing, at which point Developer shall have thirty (30) days to cure same. If the breach cannot be reasonably cured within thirty (30) days, the parties may agree in writing to a longer period of time to cure. Failure to timely cure such a breach shall be an event of default, and the City may terminate this Agreement.
12. If Developer is in default on this Agreement, in addition to other remedies available in equity or at law, the City is entitled to claw back an amount equal to the permit fees waived under this Agreement.
Term Breach Termination