Common use of TERMINATION AND SUSPENSION OF SERVICES Clause in Contracts

TERMINATION AND SUSPENSION OF SERVICES. A. Either party may terminate this Agreement, subject to accrued charges, if the other party fails to perform or observe any material term or condition of this Agreement for reasons not attributable to the other party or force majeure conditions (as described herein) and such failure continues un-remedied for thirty (30) days after receipt of written notice thereof by the breaching party. B. Either party may terminate this Agreement for any reason by notice in writing sixty (60) days before the end of the applicable Initial Term or Renewal Terms. C. Either party may terminate this Agreement by notice in writing in the event that the other makes an assignment for the benefit of creditors; or admits in writing an inability to pay debts as they mature; or a trustee or receiver of the other of any substantial part of the other's assets, is appointed by any court; or a proceeding is instituted under any provision of an applicable bankruptcy act by the other, or against the other, and is acquiesced in or is not dismissed within sixty (60) days, or results in adjudication in bankruptcy. D. If Customer has failed to pay the Billing Entity for the Services, Dialogic may, at its sole option, suspend the performance of Services until the situation is remedied, and/or seek any other remedies it may have under this Agreement or at law or in equity, including terminating the agreement as provided in Paragraph 10(A) above.

Appears in 4 contracts

Samples: Support Services Agreement, Support Services Agreement, Support Services Agreement

AutoNDA by SimpleDocs

TERMINATION AND SUSPENSION OF SERVICES. A. Either party may terminate this Agreement, subject to accrued charges, if the other party fails to perform or observe any material term or condition of this Agreement for reasons not attributable to the other party or force majeure conditions (as described herein) and such failure continues un-remedied for thirty (30) days after receipt of written notice thereof by the breaching party. B. Either party may terminate this Agreement for any reason by notice in writing sixty (60) days before the end of the applicable Initial Term or Renewal Terms. C. Either party may terminate this Agreement by notice in writing in the event that the other makes an assignment for the benefit of creditors; or admits in writing an inability to pay debts as they mature; or a trustee or receiver of the other of any substantial part of the other's assets, is appointed by any court; or a proceeding is instituted under any provision of an applicable bankruptcy act by the other, or against the other, and is acquiesced in or is not dismissed within sixty (60) days, or results in adjudication in bankruptcy.by D. If Customer has failed to pay the Billing Entity for the Starter-Pack Services, Dialogic may, at its sole option, suspend the performance of Starter-Pack Services until the situation is remedied, and/or seek any other remedies it may have under this Agreement or at law or in equity, including terminating the agreement as provided in Paragraph 10(A) above.

Appears in 1 contract

Samples: Support Services Agreement

AutoNDA by SimpleDocs

TERMINATION AND SUSPENSION OF SERVICES. A. Either party may terminate this Agreement, subject to accrued charges, if the other party fails to perform or observe any material term or condition of this Agreement for reasons not attributable to the other party or force majeure conditions (as described herein) and such failure continues un-remedied for thirty (30) days after receipt of written notice thereof by the breaching party. B. Either party may terminate this Agreement for any reason by notice in writing sixty (60) days before the end of the applicable Initial Term or Renewal Terms. C. Either party may terminate this Agreement by notice in writing in the event that the other makes an assignment for the benefit of creditors; or admits in writing an inability to pay debts as they mature; or a trustee or receiver of the other of any substantial part of the other's assets, is appointed by any court; or a proceeding is instituted under any provision of an applicable bankruptcy act by the other, or against the other, and is acquiesced in or is not dismissed within sixty (60) days, or results in adjudication in bankruptcy. D. If Customer has failed to pay the Billing Entity for the Starter-Pack Services, Dialogic may, at its sole option, suspend the performance of Starter-Pack Services until the situation is remedied, and/or seek any other remedies it may have under this Agreement or at law or in equity, including terminating the agreement as provided in Paragraph 10(A) above.

Appears in 1 contract

Samples: Support Services Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!