Common use of Termination by Microsoft Clause in Contracts

Termination by Microsoft. Notwithstanding Section 10(c)(2) above, without prejudice to any other rights, Microsoft may immediately terminate this Agreement by providing you with notice in accordance with Section 16(d) if: (i) you breach Section 16(a) ("Assignment"); (ii) there are three (3)or more material breaches by you of the use rights contained in the SPUR; (iii) you engage in, or participate with any third party in, the unauthorized manufacture, copying, distribution or use of any Software Products, or otherwise engage in the infringement of Microsoft's intellectual property rights; (iv) you make any assignment for the benefit of creditors, file a petition in bankruptcy, or are adjudged bankrupt or become insolvent or are placed in the hands of a receiver, or (v) you report Zero Use in your Monthly Use Report for more than six (6) consecutive months. In addition, if you fail to maintain "Microsoft Certified Partner" member-level status (or equivalent status under any successor program) at all times during the Term, Microsoft may terminate this Agreement upon thirty (30) days prior written notice, so long as such failure is not thereafter corrected within such thirty (30) day period.

Appears in 2 contracts

Samples: License Agreement (Interland Inc /Mn/), Agreement (Interland Inc /Mn/)

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Termination by Microsoft. Notwithstanding Section 10(c)(2) above, without prejudice to any other rights, Microsoft may immediately terminate this Agreement by providing you with notice in accordance with Section 16(d) if: (i) you breach Section 16(a) ("Assignment"); (ii) there are three (3)or 3) or more material breaches by you of the use rights contained in the SPUR; (iii) you engage in, or participate with any third party in, the unauthorized manufacture, copying, distribution or use of any Software Products, or otherwise engage in the infringement of Microsoft's intellectual property rights; (iv) you make any assignment for the benefit of creditors, file a petition in bankruptcy, or are adjudged bankrupt or become insolvent or are placed in the hands of a receiver, ; or (v) you report Zero Use in your Monthly Use Report for more than six (6) consecutive months. In addition, if you fail to maintain "Microsoft Certified Partner" member-level status (or equivalent status under any successor program) at all times during the Term, Microsoft may terminate this Agreement upon thirty (30) days prior written notice, so long as such failure is not thereafter corrected within such thirty (30) day period.

Appears in 1 contract

Samples: Services Provider License Agreement (Vitalstream Holdings Inc)

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Termination by Microsoft. Notwithstanding Section 10(c)(2) above, without prejudice to any other rights, Microsoft may immediately terminate this Agreement by providing you with notice in accordance with Section 16(d) if: (i) you breach Section 16(a) ("Assignment"); (ii) there are three (3)or more material breaches by you of the use rights contained in the SPUR; (iii) you engage in, or participate with any third party in, the unauthorized manufacture, copying, distribution or use of any Software Products, or otherwise engage in the infringement of Microsoft's intellectual property rights; (iv) you make any assignment for the benefit of creditors, file a petition in bankruptcy, or are adjudged bankrupt or become insolvent or are placed in the hands of a receiver, or (v) you report Zero Use in your Monthly Use Report for more than six (6) consecutive months. In addition, if you fail to maintain "Microsoft Certified Partner" member-level status (or equivalent status under any successor program) at all times during the Term, Microsoft may terminate this Agreement upon thirty (30) days prior written notice, so long as such failure is not thereafter corrected within such thirty (30) day period.. (d)

Appears in 1 contract

Samples: License Agreement

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