Common use of Term Termination Survival Clause in Contracts

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. 9.1 This Agreement is effective as of the Effective Date and will remain in effect for a period of five 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, 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 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) Ancestry 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 AncestryDAR. 9.4 In the event of a termination under sub-Section 9.3, Ancestry DAR retains all rights to Ancestry DAR owned scanning equipment. 9.5 The provisions of Sections 1.6, 1.9, 1.12-1.151.14, 2, 3, 4, 5 and 6 shall survive termination subject to the provisions above; however, Ancestry’s obligations under Section 2 shall survive termination above to the extent that NARA has incurred costs prior to the date of terminationtermination that have not been deemed waived pursuant to paragraph 2.3.

Term Termination Survival. 9.1 This Agreement is effective as of the Effective Date and will remain in effect for a period of five 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 Ancestry 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-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 DAR shall retain all Digital Materials and the right to use them consistent with the terms of this Agreement. A termination under this sub-sub- Section 9.3 shall not affect any Digital Materials already published by AncestryDAR. 9.4 In the event of a termination under sub-Section 9.3, Ancestry DAR retains all rights to Ancestry 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, AncestryDAR’s obligations under Section 2 shall survive termination to the extent NARA has incurred costs prior to the date of termination.

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 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 Cengage 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 Cengage 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 AncestryCengage. 9.4 In the event of a termination under sub-Section 9.3, Ancestry Cengage retains all rights to Ancestry Cengage 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, AncestryCengage’s obligations under Section 2 shall survive termination to the extent NARA has incurred costs prior to the date of termination.

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 accomplishedbegun). 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 Xxxxxxxxx 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 AncestryXxxxxxxxx. 9.4 In the event of a termination under sub-Section 9.3, Ancestry Xxxxxxxxx retains all rights to Ancestry Xxxxxxxxx owned scanning equipment. 9.5 The provisions of Sections 1.6, 1.9, 1.12-1.151.13, 2, 3, 4, 5 and 6 shall survive termination subject to the provisions above; however, Ancestry’s Xxxxxxxxx’x obligations under Section 2 shall survive termination to the extent NARA has incurred costs prior to the date of termination.

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 accomplishedbegun). 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 TXDAR 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 AncestryXXXXX. 9.4 In the event of a termination under sub-Section 9.3, Ancestry TXDAR retains all rights to Ancestry TXDAR owned scanning equipment. 9.5 The provisions of Sections 1.6, 1.9, 1.12-1.151.13, 2, 3, 4, 5 and 6 shall survive termination subject to the provisions above; however, AncestryTXDAR’s obligations under Section 2 shall survive termination to the extent NARA has incurred costs prior to the date of termination.

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 FindMyPast 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 FindMyPast 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 AncestryFindMyPast. 9.4 In the event of a termination under sub-Section 9.3, Ancestry FindMyPast retains all rights to Ancestry FindMyPast 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, AncestryFindMyPast’s obligations under Section 2 shall survive termination to the extent NARA has incurred costs prior to the date of termination.