Common use of TERMINATION BY SAVVIS Clause in Contracts

TERMINATION BY SAVVIS. 8.1. SAVVIS shall have the right to terminate this Agreement if: (a) Bridge has failed to pay any invoice that is not the subject of a bona fide dispute within 60 days of the date on which such payment is due and SAVVIS has provided Bridge with written notice thereof, provided that Bridge shall have a further 30 days from the time it receives such notice from SAVVIS of nonpayment to cure any such default; (b) SAVVIS provides 10 days written notice of its intent to terminate in the event that Bridge has failed to perform or comply with or has violated any material representation, warranty, term, condition or obligation of Bridge under this Agreement, and Bridge has failed to cure such failure or violation within 60 days after receiving notice thereof from SAVVIS; (c) Bridge becomes the subject of a voluntary or involuntary bankruptcy, insolvency, reorganization or liquidation proceeding, makes an assignment for the benefit of creditors, or admits in writing its inability to pay debts when due; or (d) SAVVIS becomes entitled to terminate the Telerate Network Services Agreement pursuant to the terms thereof. 8.2. Notwithstanding the provisions of Section 8.1(b) above, SAVVIS shall not have the right to terminate this Agreement under Section 8.1(b) solely for a failure by Bridge to perform or comply with, a violation by Bridge of, the obligations of Bridge under Section 15 (Confidentiality) of this Agreement, without prejudice, however, to such rights as SAVVIS may have pursuant to such Section and to such rights and remedies to which SAVVIS may be entitled, at law or in equity, as the result of an actual or threatened breach by Bridge of such Section.

Appears in 3 contracts

Samples: Network Services Agreement (Savvis Communications Corp), Network Services Agreement (Savvis Communications Corp), Network Services Agreement (Savvis Communications Corp)

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TERMINATION BY SAVVIS. 8.1. SAVVIS shall have the right to terminate this Agreement if: (a) Bridge Customer has failed to pay any invoice that is not the subject of a bona fide dispute within 60 days of the date on which such payment is due and SAVVIS has provided Bridge Customer with written notice thereof, provided that Bridge Customer shall have a further 30 days from the time it receives such notice from SAVVIS of nonpayment to cure any such default; (b) SAVVIS provides 10 days written notice of its intent to terminate in the event that Bridge Customer has failed to perform or comply with or has violated any material representation, warranty, term, condition or obligation of Bridge Customer under this Agreement, and Bridge Customer has failed to cure such failure or violation within 60 days after receiving notice thereof from SAVVIS;; or (c) Bridge Customer becomes the subject of a voluntary or involuntary bankruptcy, insolvency, reorganization or liquidation proceeding, makes an assignment for the benefit of creditors, or admits in writing its inability to pay debts when due; or (d) SAVVIS becomes entitled to terminate the Telerate Local [Telerate]/[Bridge] Network Services Agreement pursuant or SAVVIS Communications becomes entitled to terminate the terms thereofNetwork Services Agreement. 8.2. Notwithstanding the provisions of Section 8.1(b) above, SAVVIS shall not have the right to terminate this Agreement under Section 8.1(b) solely for a failure by Bridge Customer to perform or comply with, a violation by Bridge Customer of, the obligations of Bridge Customer under Section 15 (Confidentiality) of this Agreement, without prejudice, however, to such rights as SAVVIS may have pursuant to such Section and to such rights and remedies to which SAVVIS may be entitled, at law or in equity, as the result of an actual or threatened breach by Bridge Customer of such Section.

Appears in 2 contracts

Samples: Network Services Agreement (Savvis Communications Corp), Network Services Agreement (Savvis Communications Corp)

TERMINATION BY SAVVIS. 8.1. SAVVIS shall have the right to terminate this Agreement if: (a) Bridge Telerate has failed to pay any invoice that is not the subject of a bona fide dispute within 60 days of the date on which such payment is due and SAVVIS has provided Bridge Telerate with written notice thereof, provided that Bridge Telerate shall have a further 30 days from the time it receives such notice from SAVVIS of nonpayment to cure any such default; (b) SAVVIS provides 10 days written notice of its intent to terminate in the event that Bridge Telerate has failed to perform or comply with or has violated any material representation, warranty, term, condition or obligation of Bridge Telerate under this Agreement, and Bridge Telerate has failed to cure such failure or violation within 60 days after receiving notice thereof from SAVVIS; (c) Bridge Telerate becomes the subject of a voluntary or involuntary bankruptcy, insolvency, reorganization or liquidation proceeding, makes an assignment for the benefit of creditors, or admits in writing its inability to pay debts when due; or (d) SAVVIS becomes entitled to terminate the Telerate Bridge Network Services Agreement pursuant to the terms thereof. 8.2. Notwithstanding the provisions of Section 8.1(b) above, SAVVIS shall not have the right to terminate this Agreement under Section 8.1(b) solely for a failure by Bridge Telerate to perform or comply with, a violation by Bridge Telerate of, the obligations of Bridge Telerate under Section 15 (Confidentiality) of this Agreement, without prejudice, however, to such rights as SAVVIS may have pursuant to such Section and to such rights and remedies to which SAVVIS may be entitled, at law or in equity, as the result of an actual or threatened breach by Bridge Telerate of such Section.

Appears in 2 contracts

Samples: Network Services Agreement (Savvis Communications Corp), Network Services Agreement (Savvis Communications Corp)

TERMINATION BY SAVVIS. 8.1. 8.1 SAVVIS shall have the right to terminate this Agreement if: (a) Bridge Customer has failed to pay any invoice that is not the subject of a bona fide dispute within 60 days of the date on which such payment is due and SAVVIS has provided Bridge Customer with written notice thereof, provided that Bridge Customer shall have a further 30 days from the time it receives such notice from SAVVIS of nonpayment to cure any such default; (b) SAVVIS provides 10 days written notice of its intent to terminate in the event that Bridge Customer has failed to perform or comply with or has violated any material representation, warranty, term, condition or obligation of Bridge Customer under this Agreement, and Bridge Customer has failed to cure such failure or violation within 60 days after receiving notice thereof from SAVVIS;; or (c) Bridge Customer becomes the subject of a voluntary or involuntary bankruptcy, insolvency, reorganization or liquidation proceeding, makes an assignment for the benefit of creditors, or admits in writing its inability to pay debts when due; or (d) SAVVIS becomes entitled to terminate the Telerate Local [Telerate]/[Bridge] Network Services Agreement pursuant or SAVVIS Communications becomes entitled to terminate the terms thereofNetwork Services Agreement. 8.2. 8.2 Notwithstanding the provisions of Section 8.1(b) above, SAVVIS shall not have the right to terminate this Agreement under Section 8.1(b) solely for a failure by Bridge Customer to perform or comply with, a violation by Bridge Customer of, the obligations of Bridge Customer under Section 15 (Confidentiality) of this Agreement, without prejudice, however, to such rights as SAVVIS may have pursuant to such Section and to such rights and remedies to which SAVVIS may be entitled, at law or in equity, as the result of an actual or threatened breach by Bridge Customer of such Section.

Appears in 1 contract

Samples: Network Services Agreement (Savvis Communications Corp)

TERMINATION BY SAVVIS. 8.1. SAVVIS shall have the right to terminate this Agreement if: (a) Bridge has failed to pay any invoice that is not the subject of a bona fide dispute within 60 days of the date on which such payment is due and SAVVIS has provided Bridge with written notice thereof, provided that Bridge shall have a further 30 days from the time it receives such notice from SAVVIS of nonpayment to cure any such default; (b) SAVVIS provides 10 days written notice of its intent to terminate in the event that Bridge has failed to perform or comply with or has violated any material representation, warranty, term, condition or obligation of Bridge under this Agreement, and Bridge has failed to cure such failure or violation within 60 days after receiving notice thereof from SAVVIS; (c) Bridge becomes the subject of a voluntary or involuntary bankruptcy, insolvency, reorganization or liquidation proceeding, makes an assignment for the benefit of creditors, or admits in writing its inability to pay debts when due; or (d) SAVVIS becomes entitled to terminate the Telerate Network Services Agreement pursuant to the terms thereof. 8.2. Notwithstanding the provisions of Section 8.1(b) above, SAVVIS shall not have the right to terminate this Agreement under Section 8.1(b) solely for a failure by 10 Bridge to perform or comply with, a violation by Bridge of, the obligations of Bridge under Section 15 (Confidentiality) of this Agreement, without prejudice, however, to such rights as SAVVIS may have pursuant to such Section and to such rights and remedies to which SAVVIS may be entitled, at law or in equity, as the result of an actual or threatened breach by Bridge of such Section.

Appears in 1 contract

Samples: Network Services Agreement (Savvis Communications Corp)

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TERMINATION BY SAVVIS. 8.1. SAVVIS shall have the right to terminate this Agreement if: (a) Bridge Customer has failed to pay any invoice that is not the subject of a bona fide dispute within 60 days of the date on which such payment is due and SAVVIS has provided Bridge Customer with written notice thereof, provided that Bridge Customer shall have a further 30 days from the time it receives such notice from SAVVIS of nonpayment to cure any such default; (b) SAVVIS provides 10 days written notice of its intent to terminate in the event that Bridge Customer has failed to perform or comply with or has violated any material representation, warranty, term, condition or obligation of Bridge Customer under this Agreement, and Bridge Customer has failed to cure such failure or violation within 60 days after receiving notice thereof from SAVVIS;; or (c) Bridge Customer becomes the subject of a voluntary or involuntary bankruptcy, insolvency, reorganization or liquidation proceeding, makes an assignment for the benefit of creditors, or admits in writing its inability to pay debts when due; or (d) SAVVIS becomes entitled to terminate the Telerate Local [Telerate]/[Bridge] Network Services Agreement pursuant or SAVVIS Parent becomes entitled to terminate the terms thereofNetwork Services Agreement. 8.2. Notwithstanding the provisions of Section 8.1(b) above, SAVVIS shall not have the right to terminate this Agreement under Section 8.1(b) solely for a failure by Bridge Customer to perform or comply with, a violation by Bridge Customer of, the obligations of Bridge Customer under Section 15 (Confidentiality) of this Agreement, without prejudice, however, to such rights as SAVVIS may have pursuant to such Section and to such rights and remedies to which SAVVIS may be entitled, at law or in equity, as the result of an actual or threatened breach by Bridge Customer of such Section.

Appears in 1 contract

Samples: Network Services Agreement (Savvis Communications Corp)

TERMINATION BY SAVVIS. 8.1. SAVVIS shall have the right to terminate this Agreement if: (a) Bridge has failed to pay any invoice that is not the subject of a bona fide dispute within 60 days of the date on which such payment is due and SAVVIS has provided Bridge with written notice thereof, provided that Bridge shall have a further 30 days from the time it receives such notice from SAVVIS of nonpayment to cure any such default; (b) SAVVIS provides 10 days written notice of its intent to terminate in the event that Bridge has failed to perform or comply with or has violated any material representation, warranty, term, condition or obligation of Bridge under this Agreement, and Bridge has failed to cure such failure or violation within 60 days after receiving notice thereof from SAVVIS;; or (c) Bridge becomes the subject of a voluntary or involuntary bankruptcy, insolvency, reorganization or liquidation proceeding, makes an assignment for the benefit of creditors, or admits in writing its inability to pay debts when due; or (d) SAVVIS becomes entitled to terminate the Local Telerate Network Services Agreement pursuant to the terms thereofAgreement. 8.2. Notwithstanding the provisions of Section 8.1(b) above, SAVVIS shall not have the right to terminate this Agreement under Section 8.1(b) solely for a failure by Bridge to perform or comply with, a violation by Bridge of, the obligations of Bridge under Section 15 (Confidentiality) of this Agreement, without prejudice, however, to such rights as SAVVIS may have pursuant to such Section and to such rights and remedies to which SAVVIS may be entitled, at law or in equity, as the result of an actual or threatened breach by Bridge of such Section.

Appears in 1 contract

Samples: Network Services Agreement (Savvis Communications Corp)

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