Common use of Termination by ACT Clause in Contracts

Termination by ACT. In addition to any other rights ACT may have under this Agreement or law, ACT may, at ACT’s option terminate this Agreement as follows: (i) upon Customer’s failure to pay any Fees or other amounts it owes ACT under this Agreement (unless otherwise noted herein); (ii) upon Customer’s material breach of any of its other obligations, representations or warranties under this Agreement where the breach is not cured within forty five (45) business days after written notice of the breach is provided to Customer by ACT (provided, that if ACT determines in good faith that a breach by Customer is incurable, then the termination of the Term shall be effective immediately upon notice without a cure period); or (iii) immediately upon Customer’s ceasing to do business in the normal course, becoming or being declared insolvent or bankrupt, being the subject of any proceeding relating to liquidation or insolvency which is not dismissed within ninety (90) calendar days or making an assignment for the benefit of its creditors.

Termination by ACT. In addition to any other rights ACT may have under this Agreement or law, ACT may, at ACT’s option option, terminate this Agreement as follows: (i) upon Customer’s failure to pay any Fees or other amounts it owes ACT under this Agreement (unless otherwise noted herein)Agreement; (ii) upon Customer’s material breach of any of its other obligations, representations or warranties under this Agreement where the breach is not cured within forty five thirty (4530) business days after written notice of the breach is provided to Customer by ACT (provided, that if ACT determines in good faith that a breach by Customer is incurable, then the termination of the Term shall be effective immediately upon notice without a cure period); or (iii) immediately upon Customer’s ceasing to do business in the normal course, becoming or being declared insolvent or bankrupt, being the subject of any proceeding relating to liquidation or insolvency which is not dismissed within ninety (90) calendar days or making an assignment for the benefit of its creditors.