Common use of Term Termination and Survival Clause in Contracts

Term Termination and Survival. 5.1 The term of this Agreement begins on the “Effective Date” set forth on the “SMART MLS Information and Signature Page” below. Smart MLS has the right at any time and in its sole discretion without advance notice of any kind to terminate this Agreement and/or terminate Firms’ and/or Consultant’s access to the RETS Data. 5.2 Firm may terminate this Agreement by notice to Smart MLS and each Consultant. 5.3 This Agreement shall automatically terminate upon the termination of Firm’s privileges as a Participant in SMART MLS. 5.4 Within five (5) business days after termination of this Agreement, the receiving party shall return to Smart MLS all Proprietary Property, Smart MLS confidential information and any other materials provided by Smart MLS to the receiving party. The receiving party shall also erase, delete, shred or destroy any Proprietary Property or Smart MLS confidential information which is has stored on magnetic media or other computer storage systems, including onsite and/or offsite backup systems. Upon Smart MLS’ request, a duly authorized representative of the receiving party shall certify to Smart MLS, in writing, that all Proprietary Property, Smart MLS confidential information and any other materials provided by Smart MLS to the receiving party have either been returned to Smart MLS and/or erased, deleted, shredded or destroyed. 5.5 All provisions of this Agreement relating to Proprietary Property shall survive the termination of this Agreement.

Term Termination and Survival. 5.1 The term of this Agreement begins on the “Effective Date” set forth on the “SMART MLS CTMLS Information and Signature Page” below. Smart MLS CTMLS has the right at any time and in its sole discretion without advance notice of any kind to terminate this Agreement and/or terminate Firms’ and/or Consultant’s access to the RETS Data. 5.2 Firm may terminate this Agreement by notice to Smart MLS CTMLS and each Consultant. 5.3 This Agreement shall automatically terminate upon the termination of Firm’s privileges as a Participant in SMART MLSCTMLS. 5.4 Within five (5) business days after termination of this Agreement, the receiving party shall return to Smart MLS CTMLS all Proprietary Property, Smart MLS CTMLS confidential information and any other materials provided by Smart MLS CTMLS to the receiving party. The receiving party shall also erase, delete, shred or destroy any Proprietary Property or Smart MLS CTMLS confidential information which is has stored on magnetic media or other computer storage systems, including onsite and/or offsite backup systems. Upon Smart MLSCTMLS’ request, a duly authorized representative of the receiving party shall certify to Smart MLSCTMLS, in writing, that all Proprietary Property, Smart MLS CTMLS confidential information and any other materials provided by Smart MLS CTMLS to the receiving party have either been returned to Smart MLS CTMLS and/or erased, deleted, shredded or destroyed. 5.5 All provisions of this Agreement relating to Proprietary Property shall survive the termination of this Agreement.