Termination by DIGEX Sample Clauses

Termination by DIGEX. DIGEX may suspend or terminate the provision of the Service hereunder to LCI and/or terminate this Agreement without any liability to LCI or any third party in the event of a default by LCI. LCI shall be deemed to be in default under any of the following circumstances:
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Termination by DIGEX. DIGEX may terminate this Agreement, immediately, without penalty or liability to WINSTAR or any third party if any of the following occur:
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Termination by DIGEX. In addition to any other rights DIGEX may -------------------- have under this Agreement or applicable law, DIGEX may, at DIGEX's option: (i) terminate this Agreement, upon Pandesic's failure to cure within ten (10) business days written notice of Pandesic's failure to pay any undisputed amounts due hereunder as and when the same shall be due and payable or Pandesic's failure to deposit disputed amounts into escrow in accordance with Section 2.2 ("Payment"); (ii) terminate this Agreement by providing thirty (30) calendar days written notice of Pandesic's failure to terminate a Merchant who is in violation of the Acceptable Use Policy upon Pandesic's failure to cure such violation within five (5) business days of receipt of notice from DIGEX; (iii) terminate this Agreement by providing thirty (30) calendar days written notice upon Pandesic's breach of the representations stated in Sections 12.2(b) and (c) ("Pandesic Representations and Warranties"), provided that an injunction has been issued against Pandesic because of such breach; (iv) terminate this Agreement, upon Pandesic's failure to cure within ten (10) business days written notice, Pandesic's failure to satisfy its indemnity obligations under Section 14 ("Indemnification by Pandesic"); (v) upon five (5) business days written notice terminate the Managed Services for any Merchant Agreement in which Pandesic has failed to include certain provisions in such Merchant Agreement in accordance with Section 12.2(e) ("Pandesic Representations and Warranties") *** Pandesic has failed to comply with its obligations in Section 11 ("Merchant Web Site Content"); or (vi) terminate this Agreement upon Pandesic's material breach of the representations stated in Section 12.2(d) which breach is not cured within fifteen (15) business days after written notice thereof is received by Pandesic. 01/06/99
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Related to Termination by DIGEX

  • Termination by You In the event of an Employment Separation as a result of a termination by you for any reason, you must provide the Company with at least 14 days advance written notice ("Notice of Termination") and continue working for the Company during the 14-day notice period, but only if the Company so desires to continue your employment and to compensate you during such period. In the event of such termination under this Section, the Company will pay you the earned but unpaid portion of your Basic Salary through the termination date.

  • Termination by Xxxxxx This Agreement may be terminated and the Merger Transactions abandoned at any time before the Acceptance Time by Parent:

  • Termination by Owner Owner may also terminate this Agreement at any time before Contractor begins the Work and notifies Owner in writing of such commencement if (1) Owner sells the property on which the Work is being performed or (2) the economic climate does not warrant proceeding with the project of which the Work is a part. In such circumstance, Contractor shall be entitled to receive that portion of the Contract Price earned by Contractor for Work performed to the satisfaction of Owner less any payments made before the date this Agreement is terminated. Contractor shall not be entitled to any additional compensation or damages as a result of termination of this Agreement pursuant to this Paragraph 12(c).

  • Termination by Company The Company will have the following rights to terminate this Agreement:

  • Termination by Bank If the Bank, or its successor in interest by merger, or its transferee in the event of a purchase in an assumption transaction (for reasons other than Executive's death, disability, or Cause) (1) terminates Executive's employment within one year following a Change in Control (as defined below), or (2) terminates Executive's employment before the Change in Control but on or after the date that any party either announces or is required by law to announce any prospective Change in Control transaction and a Change in Control occurs within six months after the termination, the Bank will provide Executive with the payment and benefits described in Section 9(d)(3) below.

  • Termination by Buyer This Agreement and the transaction contemplated herein may be terminated and abandoned at any time on or prior to the Closing Date by Buyer, if:

  • Termination by Parent This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time by Parent if:

  • Termination by Death If the Executive dies during the Employment Term, the Executive’s employment will terminate and the Executive’s beneficiary or if none, the Executive’s estate, shall be entitled to receive from the Company, the Executive’s accrued, but unpaid, Base Salary through the date of termination of employment and any vested benefits under any Employee Plan in accordance with the terms of such Employee Plan and applicable law.

  • Termination by Company for Cause Subject to Section 3.2, the Company may terminate Employee’s employment and all of the Company’s obligations under this Agreement at any time “For Cause” (as defined below) by giving notice to Employee stating the basis for such termination, effective immediately upon giving such notice or at such other time thereafter as the Company may designate. “For Cause” shall mean any of the following: (i) Employee’s willful and continued failure to substantially perform the reasonably assigned duties with the Company which are consistent with Employee’s position and job description referred to in this Agreement, other than any such failure resulting from incapacity due to physical or mental illness, after a written notice is delivered to Employee by the Board of Directors of the Company which specifically identifies the manner in which Employee has not substantially performed the assigned duties and allowing Employee thirty (30) days after receipt by Employee of such notice to cure such failure to perform, (ii) material breach of this or any other written agreement between Employee and the Company which is not cured within thirty (30) days after receipt by the Employee from the Company of written notice of such breach, (iii) any material violation of any written policy of the Company which is not cured within thirty (30) days after receipt by Employee from the Company of written notice of such violation, (iv) Employee’s willful misconduct which is materially and demonstrably injurious to the Company, (v) Employee’s conviction by a court of competent jurisdiction of, or his pleading guilty or nolo contendere to, any felony, or (vi) Employee’s commission of an act of fraud, embezzlement, or misappropriation against the Company or any breach of fiduciary duty or breach of the duty of loyalty, including, but not limited to, the offer, payment, solicitation or acceptance of any unlawful bribe or kickback with respect to the Company’s business. For purposes of this paragraph, no act, or failure to act, on Employee’s part shall be considered “willful” unless done, or omitted to be done, in knowing bad faith and without reasonable belief that the action or omission was in, or not opposed to, the best interests of the Company. Any act, or failure to act, expressly authorized by a resolution duly adopted by the Board of Directors or based upon the written advice of counsel for the Company shall be conclusively presumed to be done, or omitted to be done, in good faith and in the best interests of the Company. Notwithstanding the foregoing, Employee shall not be deemed to have been terminated For Cause unless and until there shall have been delivered to Employee a copy of a resolution, duly adopted by the Board of Directors at a meeting of the Board called and held for such purpose (after reasonable notice to Employee and an opportunity for Employee, together with Employee’s counsel, to be heard before the Board), finding that in the good faith opinion of the Board of Directors Employee committed the conduct set forth above in (i), (ii), (iii), (iv), (v) or (vi) of this Section and specifying the particulars thereof in detail.

  • Termination by Notice Notwithstanding any provision of this Agreement, it may be terminated at any time without penalty, by the Trustees of the Trust or, with respect to any series or class of the Trust's shares, by the vote of the majority of the outstanding voting securities of such series or class, or by MM-LLC, upon thirty days written notice to the other party.

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