Common use of Termination by CI Plus LLP of Agreement for Cause Clause in Contracts

Termination by CI Plus LLP of Agreement for Cause. CI Plus LLP may, upon notice to Named Licensee, terminate this Agreement in the event that: (a) Named Licensee commits, or (b) where a Licensee is an Affiliate of Named Licensee, that Licensee is deemed to have committed (by way of Named Licensee’s failure to procure that Affiliate’s compliance with the following named Sections), a material breach of any term, representation, warranty or covenant set forth in Section 2.0, 4.0, 5.0, 8.0, 9.0 or 11.0 hereto and: (i) if the breach is curable, such breach remains uncured forty-five (45) Business Days following the date of Named Licensee’s receipt of written notice of such material breach from CI Plus LLP; or (ii) such breach cannot be cured. Termination of the Agreement shall have the effect of De-Registration for all Registered Devices. CI Plus LLP shall not invoke the right of Termination under this Section 10.2 in response to cases of Material Breach which can be identified with a particular Registered Device, where De-Registration and/or Revocation of affected Registered Device alone, as per Section 15.3.1, would be a sufficient or more proportionate remedy.

Termination by CI Plus LLP of Agreement for Cause. CI Plus LLP may, upon notice to Named Licensee, terminate this Agreement in whole or in part in the event that: (a) Named Licensee commits, or (b) where a Licensee is an Affiliate of Named Licensee, that Licensee is deemed to have committed (by way of Named Licensee’s failure to procure that Affiliate’s compliance with the following named Sections), a material breach of any term, representation, warranty or covenant set forth in Section 2.0, 4.0, 5.0, 8.0, 9.0 or 11.0 of the Agreement hereto and: (i) if the breach is curable, such breach remains uncured forty-five (45) Business Days following the date of Named Licensee’s receipt of written notice of such material breach from CI Plus LLP; or (ii) such breach cannot be cured. Termination of the Agreement in whole or in part shall have the effect of De-Registration for all Registered DevicesDevices of Standard Device Type and/or ECP Device Type, as required by CI Plus LLP in writing. CI Plus LLP shall not invoke the right of Termination under this Section 10.2 in response to cases of Material Breach which can be identified with a particular Registered Device, where De-Registration and/or Revocation of affected Registered Device alone, as per Section 15.3.1, would be a sufficient or more proportionate remedy.” 1.3.2 Section 10.5 “Survival” shall be deleted in its entirety and replaced with the following: