Termination by Customer for Cause. Customer may cancel or terminate the Agreement without payment of any Cancellation Fees solely because an uncured (if capable of cure) Default of BluIP pursuant to this Section.
Termination by Customer for Cause. If SIMETRY fails to perform a material obligation under this Agreement and does not remedy such failure within ten (10) business days following written notice from Customer (“SIMETRY Default”), Customer may terminate the affected Rental, Service, Wireless Service or this Agreement without further liability except for the payment of all accrued but unpaid charges.
Termination by Customer for Cause. Without incurring liability, the Customer may terminate the applicable Service(s) upon thirty (30) days’ prior written notice, if TeraGo violates any of the material provisions of the Agreement, unless TeraGo cures its violation within the thirty (30) day notice period.
Termination by Customer for Cause. Subject to and not in substitution of the obligation undertaken by DataBank in any Service Level Warranty or the Colocation Agreement, if (a) DataBank fails to perform a particular Service under this MSA and does not remedy such failure within thirty (30) days following written notice from Customer (provided, however, if the breach is of a nature that reasonably takes more than thirty (30) days to cure, the time period to cure shall be extended to the period reasonably required to effect such cure, provided DataBank commences such cure within the thirty (30) day period and diligently prosecutes such cure to completion), (b) or if DataBank terminates any Colocation Addendum to the MSA into which the parties have entered, for any reason other than uncured breach by Customer, Customer may terminate such Service or this Agreement in its entirety, without any further payment, including without limitation, any penalty, or payment of any termination fee or liquidated damages except for the payment of accrued but unpaid
Termination by Customer for Cause. Customer may terminate this Agreement in the event of a material breach of this Agreement by Q2, provided Customer has notified Q2 of such breach in writing and same is not cured by Q2 within ninety (90) days from receipt of such written notice. Provided a material breach has occurred and is continuing, Customer may as its sole and exclusive remedy, terminate this Agreement and demand payment from Q2 of an amount equal to the aggregate amount of fees paid by Customer to Q2 during the ********* months immediately preceding termination. Q2 and Customer agree that these damage provisions are reasonable in light of all present predictable circumstances (including foreseeable actual damages) and that the fees charged by Q2 hereunder do not include amounts sufficient to insure against greater claims. However, any damages suffered by Customer caused by an improper misappropriation, release of other unauthorized disclosure of Customer Data, and/or penalties imposed on Customer by any governmental regulators or regulatory agency caused by Q2’s acts or omissions shall not be subject to such liability cap.
Termination by Customer for Cause. CUSTOMER may terminate this Statement of Work for cause, by following the procedures set forth herein. If CUSTOMER desires to terminate the Statement of Work for cause, it will first give thirty (30) days prior written notice to PROVIDER, stating the problems constituting cause, procedures to correct such problems, and the date the Statement of Work will be terminated in the event problems have not been corrected, which date shall be at least thirty (30) days from the date of the notice. If such problems have not been corrected within the designated time, then upon notice, EGE CUSTOMER may terminate this Statement of Work for cause. In the event this Statement of Work is terminated for cause, CUSTOMER and SIPA will be liable to PROVIDER only for accepted work or deliverables received up to the date of termination. In the event this Statement of Work is terminated for cause, final payment of Electronic Information, Products, and Services to PROVIDER may be withheld at the discretion of CUSTOMER until CUSTOMER has completed a final audit. Notwithstanding the above, PROVIDER may be liable to CUSTOMER for CUSTOMER’s damages, but shall not be liable for incidental or consequential damages.
Termination by Customer for Cause. Termination by SANMINA-SCI for Convenience or by Operation of Law; Termination following Force Majeure Event. In the event (i) CUSTOMER terminates this Agreement or any Order hereunder in accordance with 10.1 (termination for cause), (ii) this Agreement is terminated by SANMINA-SCI in accordance with Section 10.2 (termination for convenience) or as a result of Section 10.3 (termination by operation of law), or (iii) either Party terminates this Agreement in accordance with Section 12.5 following the occurrence of Force Majeure Event, CUSTOMER shall pay SANMINA-SCI, termination charges equal to (1) the contract price for all finished Product existing at the time of termination; (2) SANMINA-SCI’s cost (including labor, Components) for all work in process; and (3) CUSTOMER’s Component Liability pursuant to Section 4.2(f); provided, however, that for the purposes of this subsection only, CUSTOMER’s Component Liability shall be calculated based on the quoted cost of Components as stated on the BOM rather than the Delivered Cost (e.g., exclusive of any markup).
Termination by Customer for Cause. If EnerStar materially breaches any material term of this Agreement, Customer shall give EnerStar written notice of the breach specifying the breach in reasonable detail. If EnerStar fails to cure such breach within the 30-day period following its receipt of written notice detailing the breach, this Agreement shall terminate effective as of the date EnerStar receives the written notice of the breach and the monthly fee for the Services (and any other monthly recurring fee for the Service, if any) shall cease to apply for any calendar month following EnerStar’s receipt of the written notice of the breach and You shall have no obligation to remit the Transfer Fee to EnerStar. However, You will be responsible for all amounts due to EnerStar prior to EnerStar’s receipt of written notice of the breach. Moreover, notwithstanding anything to the contrary set forth above, the monthly fee for the Leased Equipment shall continue until the Leased Equipment has been returned to EnerStar. If EnerStar cures such breach within the 30-day period following its receipt of written notice detailing the breach, this Agreement shall continue pursuant to the terms of this Agreement and EnerStar shall issue You a credit for the Service Fee paid by You for period in which You were unable to access the Services.
Termination by Customer for Cause. Except as set out in the “Trial Period” Section above, during the Initial Term, Customer may terminate this Agreement and the Service provided hereunder by providing thirty (30) days notification to VTONE, by email, of ta claim of a material breach of this Agreement (“Notice of Material Breach”), providing details on the basis of the claim, including the date and nature of the alleged breach. VTONE shall have thirty (30) days to cure the breach by payment, or otherwise, in order to avoid Termination. Such notice from Customer must be in the form of an email sent to xxxxxxx@xxxxxxxxxxx.xxxx, with "Notice of Material Breach" in the subject line of the email and Customer's contact information in the body of the email. At the conclusion of the Initial Term, Customer may terminate the Service or this Agreement for any reason by following the Cancellation Policy below.
Termination by Customer for Cause. The Customer may terminate this Agreement at any time with immediate effect by giving notice to Trident, if Trident breaches a Material Term of this Agreement and fails to remedy that breach within ten
