Common use of TERMINATION AND EFFECTS OF TERMINATION Clause in Contracts

TERMINATION AND EFFECTS OF TERMINATION. ‌ 21.1 This Agreement may be terminated immediately by either party upon written notice to the other : 21.1.1 If there is a material breach of this Agreement that is, in the reasonable opinion of the affected party, irremediable or if the breach is remediable, the other party fails to remedy that breach within twenty (20) Working Days after been notified in writing to do so; 21.1.2 If either party stops, or threatens to stop, payment of its debts or ceases or threatens to cease to carry on or changes its business or a substantial part of its business (except in the course of a solvent amalgamation or reconstruction approved by the other party) or shall, for the purposes of any law applicable to it, be deemed to be unable or shall admit its inability to pay its debts (including the payment of any amount in respect of taxes) as they fall due, or shall become insolvent; 21.1.3 If any person petitions for court protection or winding-up of either party, or if any meeting is called to consider a resolution to wind-up the party or any such resolution is passed or any other corporate action or other steps are taken or legal proceedings are started for the winding-up, dissolution, examination or reorganisation or for the appointment of a receiver, examiner, trustee in bankruptcy, administrator, administrative receiver or similar officer of the party or of any or all of its revenues and assets; 21.1.4 If an order for the winding-up of either party is made or any liquidator, provisional liquidator, receiver, examiner, trustee in bankruptcy, administrator, administrative receiver, voluntary administrator, manager or similar officer is appointed to or over any or all business, revenues or assets of either party; and 21.1.5 in accordance with Clause 25.2. 21.2 The Customer may, subject to payment of Termination Charges, terminate a Statement of Work in whole or part at any time by giving the Supplier the prior written notice of such termination as prescribed in the relevant Statement of Work. 21.3 Termination of this Agreement will not automatically terminate all Statements of Work unless the Parties agree otherwise in writing. Termination of an individual Statement of Work shall not terminate any other Statement of Work or this Agreement, unless the other Statement of Work or this Agreement is terminated at the same time. 21.4 Termination or expiry of this Agreement or a Statement of Work shall not affect the coming into force or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination. 21.5 Termination of this Agreement shall be without prejudice to the accrued rights of the Parties hereunder.

Appears in 1 contract

Samples: Software and Professional Services Agreement

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TERMINATION AND EFFECTS OF TERMINATION. 21.1 This Agreement may be terminated immediately by either party Party upon written notice to the other : 21.1.1 If there is a material breach of this Agreement that is, in the reasonable opinion of the affected partyParty, irremediable or if the breach is remediable, the other party Party fails to remedy that breach within twenty (20) Working Days after been notified in writing to do so; 21.1.2 If either party a Party stops, or threatens to stop, payment of its debts or ceases or threatens to cease to carry on or changes its business or a substantial part of its business (except in the course of a solvent amalgamation or reconstruction approved by the other partyParty) or shall, for the purposes of any law applicable to it, be deemed to be unable or shall admit its inability to pay its debts (including the payment of any amount in respect of taxes) as they fall due, or shall become insolvent; 21.1.3 If any person petitions for court protection or winding-up of either partya Party, or if any meeting is called to consider a resolution to wind-up the party a Party or any such resolution is passed or any other corporate action or other steps are taken or legal proceedings are started for the winding-up, dissolution, examination or reorganisation or for the appointment of a receiver, examiner, trustee in bankruptcy, administrator, administrative receiver or similar officer of the party or of any or all of its revenues and assets;started 21.1.4 If an order for the winding-up of either party a Party is made or any liquidator, provisional liquidator, receiver, examiner, trustee in bankruptcy, administrator, administrative receiver, voluntary administrator, manager or similar officer is appointed to or over any or all business, revenues or assets of either partya Party; and 21.1.5 in accordance with Clause 25.2. 21.2 In addition to Clause 21.1, the Supplier may also suspend or terminate this Agreement in whole or in part with immediate effect by notice in writing if the Customer is in default of its payment obligations. The Client shall be in default of its payment obligations if it fails to pay any sum due and then does not pay within a further 10 days of being notified of such failure by the Supplier.‌ 21.3 The Customer may, subject to payment of Termination Charges, terminate a Statement of Work in whole or part at any time by giving the Supplier the prior written notice of such termination as prescribed in the relevant Statement of Work. 21.3 21.4 Termination of this Agreement will not automatically terminate all Statements of Work unless the Parties agree otherwise in writing. Termination of an individual Statement of Work shall not terminate any other Statement of Work or this Agreement, unless the other Statement of Work or this Agreement is terminated at the same time. 21.4 21.5 Termination or expiry of this Agreement or a Statement of Work shall not affect the coming into force or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination. 21.5 21.6 Termination of this Agreement shall be without prejudice to the accrued rights of the Parties hereunder.

Appears in 1 contract

Samples: Software and Professional Services Agreement

TERMINATION AND EFFECTS OF TERMINATION. 21.1 This Agreement may be terminated immediately by either party Party upon written notice to the other other: 21.1.1 If there is a material breach of this Agreement that is, in the reasonable opinion of the affected partyParty, irremediable or if the breach is remediable, the other party Party fails to remedy that breach within twenty (20) Working Days after been notified in writing to do so; 21.1.2 If either party a Party stops, or threatens to stop, payment of its debts or ceases or threatens to cease to carry on or changes its business or a substantial part of its business (except in the course of a solvent amalgamation or reconstruction approved by the other partyParty) or shall, for the purposes of any law applicable to it, be deemed to be unable or shall admit its inability to pay its debts (including the payment of any amount in respect of taxes) as they fall due, or shall become insolvent; 21.1.3 If any person petitions for court protection or winding-up of either partya Party, or if any meeting is called to consider a resolution to wind-up the party a Party or any such resolution is passed or any other corporate action or other steps are taken or legal proceedings are started for the winding-up, dissolution, examination or reorganisation or for the appointment of a receiver, examiner, trustee in bankruptcy, administrator, administrative receiver or similar officer of the party a Party or of any or all of its revenues and assets; 21.1.4 If an order for the winding-up of either party a Party is made or any liquidator, provisional liquidator, receiver, examiner, trustee in bankruptcy, administrator, administrative receiver, voluntary administrator, manager or similar officer is appointed to or over any or all business, revenues or assets of either partya Party; and 21.1.5 in accordance with Clause 25.2. 21.2 In addition to Clause 21.1, the Supplier may also suspend or terminate this Agreement in whole or in part with immediate effect by notice in writing if the Customer is in default of its payment obligations. The Client shall be in default of its payment obligations if it fails to pay any sum due and then does not pay within a further 10 days of being notified of such failure by the Supplier. 21.3 The Customer may, subject to payment of Termination Charges, terminate a Statement of Work in whole or part at any time by giving the Supplier the prior written notice of such termination as prescribed in the relevant Statement of Work. 21.3 21.4 Termination of this Agreement will not automatically terminate all Statements of Work unless the Parties agree otherwise in writing. Termination of an individual Statement of Work shall not terminate any other Statement of Work or this Agreement, unless the other Statement of Work or this Agreement is terminated at the same time. 21.4 21.5 Termination or expiry of this Agreement or a Statement of Work shall not affect the coming into force or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination. 21.5 21.6 Termination of this Agreement shall be without prejudice to the accrued rights of the Parties hereunder.

Appears in 1 contract

Samples: Software and Professional Services Agreement

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TERMINATION AND EFFECTS OF TERMINATION. ‌ 21.1 This Agreement may be terminated immediately by either party Party upon written notice to the other : 21.1.1 If there is a material breach of this Agreement that is, in the reasonable opinion of the affected partyParty, irremediable or if the breach is remediable, the other party Party fails to remedy that breach within twenty (20) Working Days after been notified in writing to do so; 21.1.2 If either party a Party stops, or threatens to stop, payment of its debts or ceases or threatens to cease to carry on or changes its business or a substantial part of its business (except in the course of a solvent amalgamation or reconstruction approved by the other partyParty) or shall, for the purposes of any law applicable to it, be deemed to be unable or shall admit its inability to pay its debts (including the payment of any amount in respect of taxes) as they fall due, or shall become insolvent; 21.1.3 If any person petitions for court protection or winding-up of either partya Party, or if any meeting is called to consider a resolution to wind-up the party a Party or any such resolution is passed or any other corporate action or other steps are taken or legal proceedings are started for the winding-up, dissolution, examination or reorganisation or for the appointment of a receiver, examiner, trustee in bankruptcy, administrator, administrative receiver or similar officer of the party a Party or of any or all of its revenues and assets; 21.1.4 If an order for the winding-up of either party a Party is made or any liquidator, provisional liquidator, receiver, examiner, trustee in bankruptcy, administrator, administrative receiver, voluntary administrator, manager or similar officer is appointed to or over any or all business, revenues or assets of either partya Party; and 21.1.5 in accordance with Clause 25.2. 21.2 In addition to Clause 21.1, the Supplier may also suspend or terminate this Agreement in whole or in part with immediate effect by notice in writing if the Customer is in default of its payment obligations. The Client shall be in default of its payment obligations if it fails to pay any sum due and then does not pay within a further 10 days of being notified of such failure by the Supplier. 21.3 The Customer may, subject to payment of Termination Charges, terminate a Statement of Work in whole or part at any time by giving the Supplier the prior written notice of such termination as prescribed in the relevant Statement of Work. 21.3 21.4 Termination of this Agreement will not automatically terminate all Statements of Work unless the Parties agree otherwise in writing. Termination of an individual Statement of Work shall not terminate any other Statement of Work or this Agreement, unless the other Statement of Work or this Agreement is terminated at the same time. 21.4 21.5 Termination or expiry of this Agreement or a Statement of Work shall not affect the coming into force or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination. 21.5 21.6 Termination of this Agreement shall be without prejudice to the accrued rights of the Parties hereunder.

Appears in 1 contract

Samples: Software and Professional Services Agreement

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