Termination and Withdrawal of a Service. Either party may terminate a Service transaction if the other materially fails to meet its obligations concerning the Service. Customer may terminate a Service, on notice to IBM provided Customer has met all minimum requirements and paid any adjustment charges specified in the applicable Attachments and Transaction Documents. For a maintenance Service, Customer may terminate without adjustment charge, provided any of the following circumstances occur:
a. Customer permanently removes the eligible Product, for which the Service is provided, from productive use within Customer’s Enterprise;
b. the eligible location, for which the Service is provided, is no longer controlled by Customer (for example, because of sale or closing of the facility); or
c. the Machine has been under maintenance Service for at least one year and Customer gives IBM one month's written notice prior to terminating the maintenance Service.
Termination and Withdrawal of a Service. If IBM withdraws Appliance Maintenance and Subscription and Support Service for a particular Appliance, Customer understands that:
a. IBM will not make the Appliance Maintenance and Subscription and Support Service renewal available for that Appliance; and
b. if Customer renewed Appliance Maintenance and Subscription and Support Service for the Appliance prior to the notice of withdrawal, IBM may either continue to provide Appliance Maintenance and Subscription and Support Service to Customer for that Appliance until the end of the then current Service Period or Customer may obtain a prorated refund.
Termination and Withdrawal of a Service. Either party may terminate a Service transaction if the other materially fails to meet its obligations concerning the Service. Customer may terminate a Service, on notice to IBM provided Customer has met all minimum requirements and paid any adjustment charges specified in the applicable Attachments and Transaction Documents. For a maintenance Service, Customer may terminate provided any of the following circumstances occur:
a. Customer permanently removes the eligible Product, for which the Service is provided, from productive use within Customer’s Enterprise;
b. the eligible location, for which the Service is provided, is no longer controlled by Customer (for example, because of sale or closing of the facility); or
c. the Machine has been under maintenance Service for at least one year and Customer gives IBM one month's written notice prior to terminating the maintenance Service. IBM may withdraw a Service or support for an eligible Product on three months' written notice to Customer. If IBM withdraws a Service for which Customer has prepaid and IBM has not yet fully provided it to Customer, Customer will receive a prorated refund. Any terms which by their nature extend beyond termination or withdrawal remain in effect until fulfilled and apply to respective successors and assignees.
Termination and Withdrawal of a Service. Either party may terminate a Service transaction if the other materially fails to meet its obligations concerning the Service.
Termination and Withdrawal of a Service. Either of us may terminate a Service if the other does not meet its obligations concerning the Service. You may terminate a Service, on notice to IBM provided you have met all minimum requirements and paid any adjustment charges specified in the applicable Attachments and Transaction Documents. For a maintenance Service, you may terminate without adjustment charge provided any of the following circumstances occur;
1. you permanently remove the eligible Product, for which the Service is provided, from productive use within your Enterprise;
2. the eligible location, for which the Service is provided, is no longer controlled by you (for example, because of sale or closing of the facility); or
3. the Machine has been under maintenance Service for at least six months and you give IBM one month’s written notice prior to terminating the maintenance Service.
Termination and Withdrawal of a Service. Either of us may terminate a Service if the other does not meet its obligations concerning the Service. You may terminate a Service on notice to IBM provided you have met all minimum requirements and paid any adjustment charges specified in the applicable Attachments and Transaction Documents. You agree to pay IBM for 1) all Services IBM provides and any Materials IBM delivers through Service termination, 2) all expenses IBM incurs through Service termination, and 3) any charges IBM incurs in terminating the Service. IBM may withdraw a Service or support for an eligible product on three months' written notice to you. If IBM withdraws a Service for which you have prepaid and IBM has not yet fully provided it to you, IBM will give you a prorated refund. Any terms which by their nature extend beyond termination or withdrawal remain in effect until fulfilled and apply to respective successors and assignees.
Termination and Withdrawal of a Service. Either Autani or Buyer may terminate an Autani service if the other party does not meet its obligations concerning the service. Xxxxx agrees to pay Autani for 1) all services Autani provides and any products and work product Autani delivers through service termination, 2) all expenses Autani incurs through service termination, and 3) any charges Autani incurs in terminating the service. For products not under warranty, Autani may withdraw a service or support for an eligible product on thirty (30) days written notice to Buyer. If Autani withdraws a service for which Xxxxx has prepaid and Autani has not yet fully provided it to Buyer, Autani will provide Buyer with a prorated refund of the amount Autani received for providing the service.
Termination and Withdrawal of a Service. Either party may terminate a Service transaction if the other materially fails to meet its obligations concerning the Service. Customer may terminate a Service, on notice to IBM provided Customer has met all minimum requirements and paid any adjustment charges specified in the applicable Attachments and Transaction Documents. For a maintenance Service, Customer may terminate without adjustment charge, provided any of the following circumstances occurs:
a. Customer permanently removes the eligible Product, for which the Service is provided, from productive use within Customer’s Enterprise;
b. the eligible location, for which the Service is provided, is no longer controlled by Customer (for example, because of sale or closing of the facility); or
c. the Machine has been under maintenance Service for at least one year and Customer gives IBM at least one month's written notice prior to terminating the maintenance Service. Customer agrees to pay IBM for i) all charges for Services IBM provides and any Products and Materials IBM delivers up to and including the date of Service termination, and ii) reimbursable expenses IBM incurs up to and including the date of Service termination. If Customer terminates without cause, Customer also agrees to pay any applicable adjustment charges and termination charges and for expenses IBM incurs as a result of such termination (which IBM will take reasonable steps to mitigate). IBM may withdraw a Service or support for an eligible Product on at least three months' written notice to Customer. If IBM withdraws a Service for which Customer has prepaid and IBM has not yet fully provided it to Customer, IBM will give Customer a prorated refund. Any terms that by their nature extend beyond termination or withdrawal remain in effect until fulfilled and apply to respective successors and assignees of the Parties. This Agreement, including its applicable Attachments and Transaction Documents, is the complete agreement regarding transactions by which Customer purchases Machines, licenses ICA Programs, obtains Program licenses, and acquires Services from IBM, and replaces all prior oral or written communications, representations, understandings, warranties, promises, covenants, and commitments between Customer and IBM. In entering into this Agreement, including each Attachment and Transaction Document, neither party is relying on any representation that is not specified in this Agreement. Additional or different terms in any written comm...
Termination and Withdrawal of a Service. Either of us may terminate a Service if the other does not meet its obligations concerning the Service provided the one who is not complying is given thirty (30) day written notice and reasonable time to comply. You may terminate a Service on notice to Cysure provided you have met all minimum requirements and paid any adjustment charges specified in the applicable Attachments and Transaction Documents. You agree to pay Cysure for 1) all Services Cysure provides and any Products and Materials Cysure delivers through Service termination, 2) all expenses Cysure incurs through Service termination, and
Termination and Withdrawal of a Service. Either party may terminate a Service transaction if the other materially fails to meet its obligations concerning the Service. Customer may terminate a Service on notice to IBM and your IBM Business Partner provided you have met minimum requirements. Check with your IBM Business Partner to determine if any charges apply. IBM may withdraw a Service or support for an eligible Machine on three months' written notice to Customer. If IBM withdraws a Service for which Customer has prepaid and IBM has not yet fully provided it to Customer, Customer will receive a prorated refund. Any terms which by their nature extend beyond termination or withdrawal remain in effect until fulfilled and apply to respective successors and assignees.