Common use of Termination and Renewal of Services Clause in Contracts

Termination and Renewal of Services. (a) Without limiting any of Hitachi’s other rights under the Agreement or applicable law, Hitachi reserves the right to terminate all or any of the Services at any time by written notice if You breach these WMS Terms or You otherwise infringe Xxxxxxx’s intellectual property rights. Any notice to terminate one or more discrete Service items will identify the specific item(s) to be terminated. If, in Hitachi’s reasonable opinion, the termination of one or more discrete Service items adversely affects Hitachi’s ability to provide other Services to You, then Hitachi may, in its sole discretion, terminate those other Services. (b) Subject to Hitachi’s rights of termination and suspension under the Agreement and applicable law, Hitachi will provide You with Services on the Products during the initial term and any applicable renewal terms as specified in the Hitachi or Hitachi Partner Quote accepted by You or as otherwise agreed and stated in the applicable Order (“Service Period”), provided You have paid Hitachi or the Hitachi Partner (as applicable) the fees for such services in full. The initial term for the Services will be non-cancellable and the applicable fees for that term will be non- refundable, unless the Quote as accepted by You or the Order (as applicable) states otherwise. (c) If You do not renew the Services or if the Services are terminated, any subsequent reinstatement of Services may be subject to a reinstatement fee, based on Hitachi’s current rates for reinstatement at the time, in addition to the then-current monthly fee for such Services. (d) If any Services are not renewed or are terminated, Your rights, licenses and privileges under these WMS Terms cease and You must comply with Hitachi’s directions to either remove and destroy all Hitachi proprietary and confidential information in Your possession or control, or to return such material and items to Hitachi at Your cost, subject to Section 16(e), and in any case, You will not use any such items in Your possession or control. Furthermore, You will not be relieved from Your payment obligations and any money due to Hitachi will become immediately payable.

Appears in 3 contracts

Samples: Solution Framework Agreement, Solution Framework Agreement, Solution Framework Agreement

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Termination and Renewal of Services. (a) Without limiting any of Hitachi’s other rights under the Agreement or applicable law, Hitachi reserves the right to terminate all or any of the Services at any time by written notice if You breach these WMS Terms or You otherwise infringe Xxxxxxx’s intellectual property rights. Any notice to terminate one or more discrete Service items will identify the specific item(s) to be terminated. If, in Hitachi’s reasonable opinion, the termination of one or more discrete Service items adversely affects Hitachi’s ability to provide other Services to You, then Hitachi may, in its sole discretion, terminate those other Services. (b) Subject to Hitachi’s rights of termination and suspension under the Agreement and applicable law, Hitachi will provide You with Services on the Products during the initial term and any applicable renewal terms as specified in the Hitachi or Hitachi Partner Quote accepted by You or as otherwise agreed and stated in the applicable Order (“Service Period”), provided You have paid Hitachi or the Hitachi Partner (as applicable) the fees for such services in full. The initial term for the Services will be non-non- cancellable and the applicable fees for that term will be non- non-refundable, unless the Quote as accepted by You or the Order (as applicable) states otherwise. (c) If You do not renew the Services or if the Services are terminated, any subsequent reinstatement of Services may be subject to a reinstatement fee, based on Hitachi’s current rates for reinstatement at the time, in addition to the then-current monthly fee for such Services. (d) If any Services are not renewed or are terminated, Your rights, licenses and privileges under these WMS Terms cease and You must comply with Hitachi’s directions to either remove and destroy all Hitachi proprietary and confidential information in Your possession or control, or to return such material and items to Hitachi at Your cost, subject to Section 16(e), and in any case, You will not use any such items in Your possession or control. Furthermore, You will not be relieved from Your payment obligations and any money due to Hitachi will become immediately payable.

Appears in 1 contract

Samples: Framework Agreement

Termination and Renewal of Services. (a) Without limiting any of Hitachi’s other rights under the Agreement or applicable law, Hitachi reserves the right to terminate all or any of the Services at any time by written notice if You breach these WMS Terms or You otherwise infringe XxxxxxxHitachi’s intellectual property rights. Any notice to terminate one or more discrete Service items will identify the specific item(s) to be terminated. If, in Hitachi’s reasonable opinion, the termination of one or more discrete Service items adversely affects Hitachi’s ability to provide other Services to You, then Hitachi may, in its sole discretion, terminate those other Services. (b) Subject to Hitachi’s rights of termination and suspension under the Agreement and applicable law, Hitachi will provide You with Services on the Products during the initial term and any applicable renewal terms as specified in the Hitachi or Hitachi Partner Quote accepted by You or as otherwise agreed and stated in the applicable Order (“Service Period”), provided You have paid Hitachi or the Hitachi Partner (as applicable) the fees for such services in full. The initial term for the Services will be non-cancellable and the applicable fees for that term will be non- non-refundable, unless the Quote as accepted by You or the Order (as applicable) states otherwise. (c) If You do not renew the Services or if the Services are terminated, any subsequent reinstatement of Services may be subject to a reinstatement fee, based on Hitachi’s current rates for reinstatement at the time, in addition to the then-current monthly fee for such Services. (d) If any Services are not renewed or are terminated, Your rights, licenses and privileges under these WMS Terms cease and You must comply with Hitachi’s directions to either remove and destroy all Hitachi proprietary and confidential information in Your possession or control, or to return such material and items to Hitachi at Your cost, subject to Section 16(e), and in any case, You will not use any such items in Your possession or control. Furthermore, You will not be relieved from Your payment obligations and any money due to Hitachi will become immediately payable.

Appears in 1 contract

Samples: Master Agreement

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Termination and Renewal of Services. (a) Without limiting any of Hitachi’s other rights under the Agreement or applicable law, Hitachi reserves the right to terminate all or any of the Services at any time by written notice if You breach these WMS Terms or You otherwise infringe Xxxxxxx’s intellectual property rights. Any notice to terminate one or more discrete Service items will identify the specific item(s) to be terminated. If, in Hitachi’s reasonable opinion, the termination of one or more discrete Service items adversely affects Hitachi’s ability to provide other Services to You, then Hitachi may, in its sole discretion, terminate those other Services. (b) Subject to Hitachi’s rights of termination and suspension under the Agreement and applicable law, Hitachi will provide You with Services on the Products during the initial term and any applicable renewal terms as specified in the Hitachi or Hitachi Partner Quote accepted by You or as otherwise agreed and stated in the applicable Order (“Service Period”), provided You have paid Hitachi or the Hitachi Partner (as applicable) the fees for such services in full. The initial term for the Services will be non-cancellable and the applicable fees for that term will be non- non-refundable, unless the Quote as accepted by You or the Order (as applicable) states otherwise. (c) If You do not renew the Services or if the Services are terminated, any subsequent reinstatement of Services may be subject to a reinstatement fee, based on Hitachi’s current rates for reinstatement at the time, in addition to the then-current monthly fee for such Services. (d) If any Services are not renewed or are terminated, Your rights, licenses and privileges under these WMS Terms cease and You must comply with Hitachi’s directions to either remove and destroy all Hitachi proprietary and confidential information in Your possession or control, or to return such material and items to Hitachi at Your cost, subject to Section 16(e), and in any case, You will not use any such items in Your possession or control. Furthermore, You will not be relieved from Your payment obligations and any money due to Hitachi will become immediately payable.

Appears in 1 contract

Samples: Warranty and Maintenance and Support Terms

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