Term Termination Survival. 9.1 This Agreement is effective as of the Effective Date and will remain in effect for a period of five years or one year after the completion date of any project defined in a Project Plan, whichever is longer (the “Expiration Date”). After the expiration Date, the Agreement will automatically renew for additional one year periods unless either party provides a written request to open discussions on a new Agreement.
9.2 The Agreement may be terminated by either party for any reason by providing ninety days prior written notice; provided, however, that termination of the Agreement, except if based on a material breach (as discussed below), will not affect any ongoing Project Plan (e.g., a Project Plan for which digitization of the Archival Materials has begun but publication on the Ancestry website has not been accomplished).
9.3 Either party may terminate the Agreement for a material breach by the other party by giving ninety calendar days written notice, provided that such termination shall not be effective if such alleged material breach is cured within the ninety calendar day notice period and the allegedly breaching party provides notice of such cure to the other party. Notice of termination under this sub-Section will immediately halt work on the creation of Digital Images on all ongoing Project Plans, and on all signed Project Plans under which digitization has not begun. In the event of breach by either party: a) all Archival Materials must be returned to NARA custody immediately upon notice of termination under this sub-Section; b) a copy of all Digital Materials related to such Archival Materials existing at the time of the breach must be turned over to NARA; and c) Ancestry shall retain all Digital Materials and the right to use them consistent with the terms of this Agreement. A termination under this sub-Section 9.3 shall not affect any Digital Materials already published by Ancestry.
9.4 In the event of a termination under sub-Section 9.3, Ancestry retains all rights to Ancestry owned scanning equipment.
9.5 The provisions of Sections 1.6, 1.9, 1.12-1.15, 2, 3, 4, 5 and 6 shall survive termination subject to the provisions above; however, Ancestry’s obligations under Section 2 shall survive termination to the extent NARA has incurred costs prior to the date of termination.
Term Termination Survival. This Agreement is effective on the date You accept this Agreement and will continue until terminated in accordance with this Agreement. This Agreement automatically terminates upon (i) your breach of this Agreement, or (ii) your failure to comply with any terms or conditions of this Agreement or any TND policy, as determined by TND in its sole discretion. TND may terminate this Agreement at any time for any reason, with or without notice. You may terminate this Agreement at any time by ceasing to use the Teacher Next Door program and by deleting or otherwise destroying all full or partial copies of TND materials. Upon termination of this Agreement for any reason, you shall cease all use of the Teacher Next Door program and delete or otherwise destroy all full or partial copies of TND materials. Sections of this Agreement titled “Intellectual Property,” “User Generated Content,” “Term, Termination, Survival,” “No Endorsement,” “Disclaimers,” “Limitation of Liability,” “Release; Indemnification,” “Dispute Resolution,” and “General” shall survive any termination of this Agreement. Violation of any of the terms and conditions contained herein, may result in the revocation of the Agent’s status as a Preferred Agent Partner and/or a legal action or proceeding seeking to enforce any of the terms and conditions contained herein.
Term Termination Survival. 9.1 This Agreement is effective as of the Effective Date and will remain in effect for a period of three years or one year after the completion date of any project defined in a Project Plan, whichever is longer (the “Expiration Date”). After the expiration Date, the Agreement will automatically renew for additional one year periods unless either party provides a written request to open discussions on a new Agreement.
9.2 The Agreement may be terminated by either party for any reason by providing ninety days prior written notice; provided, however, that termination of the Agreement, except if based on a material breach (as discussed below), will not affect any ongoing Project Plan (e.g., a Project Plan for which digitization of the Archival Materials has begun but publication on the DAR website has not been accomplished).
9.3 Either party may terminate the Agreement for a material breach by the other party by giving ninety calendar days written notice, provided that such termination shall not be effective if such alleged material breach is cured within the ninety calendar day notice period and the allegedly breaching party provides notice of such cure to the other party. Notice of termination under this sub-Section will immediately halt work on the creation of Digital Images on all ongoing Project Plans, and on all signed Project Plans under which digitization has not begun. In the event of breach by either party: a) all Archival Materials must be returned to NARA custody immediately upon notice of termination under this sub- Section; b) a copy of all Digital Materials related to such Archival Materials existing at the time of the breach must be turned over to NARA; and c) DAR shall retain all Digital Materials and the right to use them consistent with the terms of this Agreement. A termination under this sub- Section 9.3 shall not affect any Digital Materials already published by DAR.
9.4 In the event of a termination under sub-Section 9.3, DAR retains all rights to DAR owned scanning equipment.
9.5 The provisions of Sections 1.6, 1.9, 1.12-1.15, 2, 3, 4, 5 and 6 shall survive termination subject to the provisions above; however, DAR’s obligations under Section 2 shall survive termination to the extent NARA has incurred costs prior to the date of termination.
Term Termination Survival. These Terms of Use shall remain in effect in perpetuity, unless earlier terminated by Parish. Parish may terminate your use of the Site at any time, for any or no reason, and without notice to you. Upon the termination of these Terms of Use, all rights granted to you under these Terms of Use shall automatically revert back to Parish, and all representations, warranties, covenants, certifications, indemnifications, and promises made by you under these Terms of Use shall survive in perpetuity.
Term Termination Survival. 3.1. This Agreement shall commence on the last date an applicable Order is signed (“Effective Date”) and shall remain in effect until termination in accordance with the provisions of this Agreement. Unless otherwise stated in the Order, the term for an applicable Order shall commence on the date executed by the Parties and continue for the period as set forth in such Order. For the avoidance of doubt, in the event that any Services are delivered outside the term length of the applicable Order or such Order does not reference any governing terms and conditions, the terms and conditions of this Agreement shall apply to that Order and until the Services have been fully performed or otherwise terminated.
3.2. Either Party shall have the right to terminate this Agreement, Order, or any applicable Service for cause if the other Party materially breaches this Agreement, and the breaching Party does not cure such breach within thirty (30) days after receipt of written notice of such breach.
3.3. VikingCloud may terminate this Agreement, any Service, or any Order for cause if: (a) Client fails to pay VikingCloud when fees are due within thirty (30) days of VikingCloud providing Client notice of nonpayment; (b) the Services require third-party products or services which either: (i) substantially change in scope and/or price or (ii) VikingCloud no longer has access to such third-party product or services; (c) Client (i) becomes insolvent, makes an assignment for the benefit of creditors, becomes subject to direct control of a trustee, receiver or similar authority (ii) becomes subject to any bankruptcy or insolvency proceeding, or (iii) terminates or suspends its business; or (d) VikingCloud determines in its sole and exclusive judgment that Client, Client’s affiliates, or any of its or their directors, officers, employees, or agents, is in breach of, or is engaged in an activity that may cause it to be in breach of, Section 13.2.1.
Term Termination Survival a) This Agreement will commence on the effective date set forth in the Teaming/Lead Referral Form and will remain in effect until: (i) PBSI enters into a License with the End User and all fees due under the Teaming/Lead Referral Form are paid to the respective parties: (ii) PBSI rejects the Teaming/Lead Referral Form: or (iii) if no License is entered into, twelve (12) months following the effective date of the Teaming/Lead Referral Form, whichever occurs first (the “Term”), subject to Section 6(b).
b) Either party may, at its sole option, terminate this Agreement: (i) immediately upon written notice to the other party if the other party commits a material breach of this Agreement and fails to cure such breach within thirty (30) days after receipt of such notice, or an additional period of time as agreed to by the parties; or
Term Termination Survival a) This Agreement will commence on the effective date set forth in the Teaming/Lead Referral Form and will remain in effect until: (i) PBSI enters into a License with the End User and pays Partner: (ii) PBSI rejects the Teaming/Lead Referral Form: or (iii) twelve (12) months following the effective date of the Teaming/Lead Referral Form, whichever occurs first (the “Term”), subject to Section 6(b).
b) Either party may, at its sole option, terminate this Agreement: (i) immediately upon written notice to the other party if the other party commits a material breach of this Agreement and fails to cure such breach within thirty (30) days after receipt of such notice, or an additional period of time as agreed to by the parties; or
Term Termination Survival. This Agreement shall continue and remain in effect until it is terminated in accordance with the terms and conditions of this Agreement. BikerBuddy may terminate this Agreement at any time, for any or no reason, and without notice to you (including, without limitation, if BikerBuddy believes that you have violated or acted inconsistently with any term or condition of this Agreement). You may terminate this Agreement at any time and for any or no reason if you are a registered user of the App by cancelling your User Account. If this Agreement is terminated for any reason, then all rights granted to you under this Agreement shall automatically revert back to BikerBuddy, and the following shall survive in perpetuity: (a) all defined terms under this Agreement; (b) all rights and privileges under this Agreement which were granted to and/or accrued in favor of BikerBuddy and/or any of BikerBuddy’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees as of the date of this Agreement’s termination; (c) all payments which accrued as of the date of termination; (d) all disclaimers, limitations of liability and limitations of remedies; and (e) all representations, warranties, covenants, certifications, releases, indemnifications and promises made by you under this Agreement.
Term Termination Survival a. This Agreement is effective on the date hereof, and shall continue until the date of its termination pursuant to Section 5(b).
b. This Agreement shall terminate upon the first to occur of the following events: (i) upon written agreement of the parties hereto to terminate this Agreement; (ii) December 31, 2009; or (iii) upon written notice by one party to the other party at any time after the occurrence of a material default or breach of any provision of this Agreement by the other party that continues uncured for 30 days, after deliver to the other party of written notice thereof. If this Agreement is terminated pursuant to clause (iii) of this Section 5(b) because UPC has committed a material default or breach that continues uncured for the required time period, UPC shall bear all the Costs of separation or severance of any Seconded Employee's employment resulting from such termination. If this Agreement is terminated pursuant to clause (iii) of this Section 5(b) because UIH has committed a material default or breach that continues 5 uncured for the required time period, UIH shall bear all the Costs of separation or severance of any Seconded Employee's employment resulting from such termination.
c. No termination of this Agreement shall affect any obligations of the parties hereto arising before or as a result of circumstances in existence before such termination. The provisions contained in this Section 5 and Sections 4, 6, 7 and 8 shall survive any termination of this Agreement.
Term Termination Survival. The term of this Agreement shall commence on the Effective Date and continue unless and until terminated by either party upon written notice to the other party. Upon expiration or termination of this Agreement for any reason, the parties’ obligations under Section 2 shall survive and remain in effect for a period of five (5) years; provided that the parties’ obligations under Section 2 with respect to any Confidential Information constituting a trade secret shall continue until, and to the extent that, such trade secret enters the public domain through no breach by the Receiving Party of its obligations under this Agreement. The parties’ rights and obligations under Sections 3 through 12 shall survive expiration or termination of this Agreement for any reason.
