Common use of TERM, TERMINATION OR EXPIRATION OF AGREEMENT Clause in Contracts

TERM, TERMINATION OR EXPIRATION OF AGREEMENT. The term of this Agreement shall commence with the term of as outlined in a Software Order (the Term”). Thereafter, You may renew this agreement by written agreement. The amount of charges to Your subscription for any such renewal shall be at CloudNine’s then current prices in effect. During the Term, the Agreement may not be terminated except as follows: 2.1. If You fail to pay any invoice in full within a period of thirty (30) days after the same is due, CloudNine may terminate this Agreement upon five (5) business days’ notice to You without any liability to You whatsoever. 2.2. Except for Your failure to make payments, as invoiced, either party may terminate this Agreement on notice if the other party has defaulted in the performance of its obligations under this Agreement upon thirty (30) days written notice, provided however, that the party in breach will have thirty (30) days from the receipt of notice of termination to correct the default. 2.3. A party becomes insolvent, invokes as a debtor any laws relating to the relief of debtors’ or creditors’ rights, or has such laws invoked against it as a debtor. Such termination shall be effective thirty (30) days after notice unless the terminating party is satisfied with other party’s solvency within that time. 2.4. Upon termination of the Agreement due to Your breach, CloudNine shall be entitled to accelerate all remaining payments due for the term outlined in the Software Order and any prepaid fees shall not be refunded. On termination or expiration of this Agreement for any reason, You, at Your option, will either (1) destroy all copies of the Program, including any backup copies and the originals and any copies of the Documentation and certify such destruction in writing to CloudNine, or (2) return them to CloudNine. This obligation shall survive the termination of this Agreement. Upon termination of the Agreement due to CloudNine’s material breach (which breach CloudNine fails to cure within thirty (30) days after receipt of written notice thereof) or in the event any CloudNine assignee fails to agree to abide by the material terms and conditions of this Agreement following any applicable assignment (which failure such assignee fails to cure within thirty (30) days after receipt of written notice thereof). If Your Subscription expires without renewal or is terminated, You will no longer have the right to access and use the Program or the subscriber online portal. 1. MAINTENANCE & SUPPORT SERVICES a) Except for Core Upgrades, provided You have paid the Subscription Fees, whenever CloudNine makes Updates or Upgrades generally available to its users who have subscribed to the Services, CloudNine will grant You a copy of the new release containing the Updates and/or Upgrades. Your use of all such Updates and Upgrades is subject to this Agreement and the terms of the applicable software agreement previously entered into by You for the Materials. Except for the immediate purpose of data conversion from the previous version to the Upgrade, after implementing the Upgrade into Your practice You may no longer continue to use the earlier version of the Program. All Upgrades are provided to You on a per Software copy exchange basis. You agree that by installing and implementing an Upgrade, You voluntarily terminate Your right to use any previous version of the Program. b) Provided You have paid Subscription Fees, during its normal business hours of 9:00 a.m. to 6:00 p.m., Eastern Standard Time, Monday through Friday (except CloudNine holidays), CloudNine will make a member of its technical support staff available by telephone to Your System Administrator to assist You in the standard business use of the Program. Your System Administrator will be responsible for the daily maintenance of the Program per the Documentation, and will provide the first line technical support of the Program to Your users. Support includes assistance relating to any Fixes and Workarounds. c) Depending upon the Programs You have licensed, You may have access to an online portal which provides helpful tools and tips as well as access to future subscriber-only offerings free of any additional charge. Subscribers will be required to register for access under separate terms of use. d) CloudNine reserves the right to change or modify the Maintenance & Support Services at any time and from time to time upon sixty (60) days written notice to You.

TERM, TERMINATION OR EXPIRATION OF AGREEMENT. The term of this Agreement shall commence with the term of as outlined in a Software Order (the Term”). Thereafter, You may renew this agreement by written agreement. The amount of charges to Your subscription for any such renewal shall be at CloudNine’s then current prices in effect. During the Term, the Agreement may not be terminated except as follows: 2.1. If You fail to pay any invoice in full within a period of thirty Forty-five (3045) days after the same is due, CloudNine may terminate this Agreement upon five (5) business days’ notice to You without any liability to You whatsoever. 2.2. Except for Your failure to make payments, as invoiced, either party may terminate this Agreement on notice if the other party has defaulted in the performance of its obligations under this Agreement upon thirty forty-five (3045) days written notice, provided however, that the party in breach will have thirty forty-five (3045) days from the receipt of notice of termination to correct the default. 2.3. A party becomes insolvent, invokes as a debtor any laws relating to the relief of debtors’ or creditors’ rights, or has such laws invoked against it as a debtor. Such termination shall be effective thirty forty-five (3045) days after notice unless the terminating party is satisfied with other party’s solvency within that time. 2.4. Upon termination of the Agreement due to Your breach, CloudNine shall be entitled to accelerate all remaining payments due for the term outlined in the Software Order and any prepaid fees shall not be refunded. On termination or expiration of this Agreement for any reason, You, at Your option, will either (1) destroy all copies of the Program, including any backup copies and the originals and any copies of the Documentation and certify such destruction in writing to CloudNine, or (2) return them to CloudNine. This obligation shall survive the termination of this Agreement. Upon termination of the Agreement due to CloudNine’s material breach (which breach CloudNine fails to cure within thirty forty-five (3045) days after receipt of written notice thereof) or in the event any CloudNine assignee fails to agree to abide by the material terms and conditions of this Agreement following any applicable assignment (which failure such assignee fails to cure within thirty forty-five (3045) days after receipt of written notice thereof)) and if CloudNine or assignee is unable to cure the breach within the 45 day period, all remaining prepaid fees will be refunded, or credit provided. If Your Subscription expires without renewal or is terminated, You will no longer have the right to access and use the Program or the subscriber online portal. 1. MAINTENANCE & SUPPORT SERVICES a) Except for Core Upgrades, provided You have paid the Subscription Fees, whenever CloudNine makes Updates or Upgrades generally available to its users who have subscribed to the Services, CloudNine will grant You a copy of the new release containing the Updates and/or Upgrades. Your use of all such Updates and Upgrades is subject to this Agreement and the terms of the applicable software agreement previously entered into by You for the Materials. Except for the immediate purpose of data conversion from the previous version to the Upgrade, after implementing the Upgrade into Your practice You may no longer continue to use the earlier version of the Program. All Upgrades are provided to You on a per Software copy exchange basis. You agree that by installing and implementing an Upgrade, You voluntarily terminate Your right to use any previous version of the Programsoftware. b) Provided You have paid Subscription Fees, during its normal business hours of 9:00 a.m. to 6:00 p.m., Eastern Standard Time, Monday through Friday (except CloudNine holidays), CloudNine will make a member of its technical support staff available by telephone to Your System Administrator to assist You in the standard business use of the Program. Your System Administrator will be responsible for the daily maintenance of the Program per the Documentation, and will provide the first line technical support of the Program to Your users. Support includes assistance relating to any Fixes and Workarounds. c) Depending upon the Programs You have licensed, You may have access to an online portal which provides helpful tools and tips as well as access to future subscriber-only offerings free of any additional charge. Subscribers will be required to register for access under separate terms of use. d) CloudNine reserves the right to change or modify the Maintenance & Support Services at any time and from time to time upon sixty (60) days written notice to You.

TERM, TERMINATION OR EXPIRATION OF AGREEMENT. The term of this Agreement shall commence with the term of as outlined in a Software Order (the Term”). Thereafter, You may renew this agreement by written agreement. The amount of charges to Your subscription for any such renewal shall be at CloudNine’s then current prices in effect. During the Term, the Agreement may not be terminated except as follows: 2.1. If You fail to pay any invoice in full within a period of thirty Forty-five (3045) days after the same is due, CloudNine may terminate this Agreement upon five (5) business days’ notice to You without any liability to You whatsoever. 2.2. Except for Your failure to make payments, as invoiced, either party may terminate this Agreement on notice if the other party has defaulted in the performance of its obligations under this Agreement upon thirty forty-five (3045) days written notice, provided however, that the party in breach will have thirty forty-five (3045) days from the receipt of notice of termination to correct the default. 2.3. A party becomes insolvent, invokes as a debtor any laws relating to the relief of debtors’ or creditors’ rights, or has such laws invoked against it as a debtor. Such termination shall be effective thirty forty-five (3045) days after notice unless the terminating party is satisfied with other party’s solvency within that time. 2.4. Upon termination of the Agreement due to Your breach, CloudNine shall be entitled to accelerate all remaining payments due for the term outlined in the Software Order and any prepaid fees shall not be refunded. On termination or expiration of this Agreement for any reason, You, at Your option, will either (1) destroy all copies of the Program, including any backup copies and the originals and any copies of the Documentation and certify such destruction in writing to CloudNine, or (2) return them to CloudNine. This obligation shall survive the termination of this Agreement. Upon termination of the Agreement due to CloudNine’s material breach (which breach CloudNine fails to cure within thirty forty-five (3045) days after receipt of written notice thereof) or in the event any CloudNine assignee fails to agree to abide by the material terms and conditions of this Agreement following any applicable assignment (which failure such assignee fails to cure within thirty forty-five (3045) days after receipt of written notice thereof). If Your Subscription expires without renewal or is terminated, You will no longer have the right to access and use to the Program or the subscriber online portalsoftware. 12.5. MAINTENANCE & SUPPORT SERVICES a) Except for Core UpgradesIn the event that either party believes that the other materially has breached any obligations under this Agreement, provided You have paid or if Licensor believes that Licensee has exceeded the Subscription Fees, whenever CloudNine makes Updates or Upgrades generally available to its users who have subscribed to the Services, CloudNine will grant You a copy scope of the new release containing License, such party shall so notify the Updates and/or Upgradesbreaching party in writing. Your use of all such Updates and Upgrades is subject to this Agreement and the terms of the applicable software agreement previously entered into by You for the Materials. Except for the immediate purpose of data conversion The breaching party shall have fourteen (14) days from the previous version to the Upgrade, after implementing the Upgrade into Your practice You may no longer continue to use the earlier version receipt of the Program. All Upgrades are provided to You on a per Software copy exchange basis. You agree that by installing and implementing an Upgrade, You voluntarily terminate Your right to use any previous version of the Program. b) Provided You have paid Subscription Fees, during its normal business hours of 9:00 a.m. to 6:00 p.m., Eastern Standard Time, Monday through Friday (except CloudNine holidays), CloudNine will make a member of its technical support staff available by telephone to Your System Administrator to assist You in the standard business use of the Program. Your System Administrator will be responsible for the daily maintenance of the Program per the Documentation, and will provide the first line technical support of the Program to Your users. Support includes assistance relating to any Fixes and Workarounds. c) Depending upon the Programs You have licensed, You may have access to an online portal which provides helpful tools and tips as well as access to future subscriber-only offerings free of any additional charge. Subscribers will be required to register for access under separate terms of use. d) CloudNine reserves the right to change or modify the Maintenance & Support Services at any time and from time to time upon sixty (60) days written notice to You.cure the alleged breach and to notify the non-breaching partyin writing that cure has been effected. If the breach is not cured within the thirty (30) days, the non- breaching

TERM, TERMINATION OR EXPIRATION OF AGREEMENT. The term of this Agreement shall commence with the term of as outlined in a Software Order (the Term”). Thereafter, You may renew this agreement by written agreement. The amount of charges to Your subscription for any such renewal shall be at CloudNine’s then current prices in effect. During the Term, the Agreement may not be terminated except as follows: 2.1. If You fail to pay any invoice in full within a period of thirty (30) days after the same is due, CloudNine may terminate this Agreement upon five (5) business days’ notice to You without any liability to You whatsoever. 2.2. Except for Your failure to make payments, as invoiced, either party may terminate this Agreement on notice if the other party has defaulted in the performance of its obligations under this Agreement upon thirty (30) days written notice, provided however, that the party in breach will have thirty (30) days from the receipt of notice of termination to correct the default. 2.3. A party becomes insolvent, invokes as a debtor any laws relating to the relief of debtors’ or creditors’ rights, or has such laws invoked against it as a debtor. Such termination shall be effective thirty (30) days after notice unless the terminating party is satisfied with other party’s solvency within that time. 2.4. Upon termination of the Agreement due to Your breach, CloudNine shall be entitled to accelerate all remaining payments due for the term outlined in the Software Order and any prepaid fees shall not be refunded. On termination or expiration of this Agreement for any reason, You, at Your option, will either (1) destroy all copies of the Program, including any backup copies and the originals and any copies of the Documentation and certify such destruction in writing to CloudNine, or (2) return them to CloudNine. This obligation shall survive the termination of this Agreement. Upon termination of the Agreement due to CloudNine’s material breach (which breach CloudNine fails to cure within thirty (30) days after receipt of written notice thereof) or in the event any CloudNine assignee fails to agree to abide by the material terms and conditions of this Agreement following any applicable assignment (which failure such assignee fails to cure within thirty (30) days after receipt of written notice thereof). If Your Subscription expires without renewal or is terminated, You will no longer have the right to access and use the Program or the subscriber online portal. 1. MAINTENANCE & SUPPORT SERVICES a) Except for Core Upgrades, provided You have paid the Subscription Fees, whenever CloudNine makes Updates or Upgrades generally available to its users who have subscribed to the Services, CloudNine will grant You a copy of the new release containing the Updates and/or Upgrades. Your use of all such Updates and Upgrades is subject to this Agreement and the terms of the applicable software agreement previously entered into by You for the Materials. Except for the immediate purpose of data conversion from the previous version to the Upgrade, after implementing the Upgrade into Your practice You may no longer continue to use the earlier version of the Program. All Upgrades are provided to You on a per Software copy exchange basis. You agree that by installing and implementing an Upgrade, You voluntarily terminate Your right to use any previous version of the Program. b) Provided You have paid Subscription Fees, during its normal business hours of 9:00 a.m. to 6:00 p.m., Eastern Standard Time, Monday through Friday (except CloudNine holidays), CloudNine will make a member of its technical support staff available by telephone to Your System Administrator to assist You in the standard business use of the Program. Your System Administrator will be responsible for the daily maintenance of the Program per the Documentation, Documentation and will provide the first line technical support of the Program to Your users. Support includes assistance relating to any Fixes and Workarounds. c) Depending upon the Programs You have licensed, You may have access to an online portal which provides helpful tools and tips as well as access to future subscriber-only offerings free of any additional charge. Subscribers will be required to register for access under separate terms of use. d) CloudNine reserves the right to change or modify the Maintenance & Support Services at any time and from time to time upon sixty (60) days written notice to You.