Termination by XXX xxx for Unacceptable Use. XXX.xxx may suspend or terminate your Certificate Services and revoke any Certificate(s) if it discovers or reasonably suspects that the Certificate Services or Certificate (or any element of the Certificate): (i) has been compromised, (ii) is being used in connection with any illegal activities, such as phishing attacks, fraud, or the distribution of malware, (iii) is being used in connection with activities that violate industry norms for acceptable network use, such as hate speech, defamation, intellectual property infringement, non-consensual sex acts or child pornography, network abuse, bulk correspondence (spam), etc., (iii) the continued use of the Certificate Services or Certificate presents a risk to the security or integrity of XXX.xxx’s PKI or presents any other risk to its business or its reputation, or the Relying Parties or other users, (iv) you or your Affiliates are added to an export restriction list, or (v) you or your Affiliates are engaged in conduct that is illegal or would be grounds for revocation of your Certificate under this Section if the conduct was associate with your Certificate, and (vi) other grounds stated in the CP/CPS. Code Signing and EV Code Signing Certificates used to sign software that contains suspect, hostile or malicious code are subject to termination at XXX.xxx's sole discretion and without notification to the Subscriber. If XXX.xxx terminates your Certificate Services or Certificate under this subsection for reasons other than your breach of this Agreement then, on your request, and as your sole and exclusive remedy, it will refund the prepaid fees for the remaining unused portion of your Certificate Services or Certificate, as applicable. XXX.xxx has no liability for a decision to suspend or terminate in excess of this refund, even if there is an alternative reasonable explanation of the facts and circumstances, and even if facts come to light after XXX.xxx’s decision that, if known at the time, would have resulted in a different decision.
Termination by XXX xxx for Breach. XXX.xxx may terminate your Certificate Services for your breach of this Agreement, including the untruth of any representation or
Termination by XXX. Xxx may terminate Service(s) and/or this Agreement, in whole or in part, upon notice to Customer and without liability to Xxx for any of the following reasons: (i) Customer’s nonpayment of a bill within the payment period prescribed; (ii) Customer’s failure to make a security deposit as requested by Xxx; (iii) Customer’s violation of, or noncompliance with, any provision of law; (iv) Customer’s or any third party’s refusal to permit Xxx access to the Premises, including, without limitation, for installation, repair, recovery, vexatious behavior towards Cox or its employees;
Termination by XXX. XXX may terminate this Agreement at any time:
A. Upon written notice, and such termination will be effective immediately upon Distributor’s receipt of such notice, (x) if Distributor sells, assigns, delegates or transfers any of its rights and obligations under this Agreement without having obtained MEL’s prior written consent thereto (which consent may be withheld in MEL’s sole discretion), provided that XXX shall not withhold its consent if such sale, assignment, delegation or transfer is (1) to a Primary KO Distributor (as defined below), (2) to KO or an Affiliate of KO, or (3) a result of an Approved Change of Control (as defined below), or (y) if there is a material change in the control of Distributor or Distributor sells
Termination by XXX. If this Agreement is terminated by SIA under clause 7.2 above, all Subscription Fees payable to SIA for the remainder of the then-current Term shall be immediately due and payable to SIA, and Client shall promptly remit all such fees to SIA.
Termination by XXX. XXX may terminate this Agreement at any time:
(A) Upon written notice, and such termination will be effective immediately upon Distributor’s receipt of such notice, (x) if Distributor sells, assigns, delegates or transfers any of its rights and obligations under this Agreement without having obtained MEL’s prior written consent thereto (which consent may be withheld in MEL’s sole discretion), other than as a result of a material change in the control of Distributor or sale by Distributor of all or substantially all of its assets approved as provided in clause (y) below of this Section 12.a.(ii)(A), except if such assignment, sale, delegation or transfer is to KO, or (y) if there is any material change in the control of Distributor or Distributor sells all or substantially all of its assets without the prior written consent of XXX, which XXX shall not be entitled to unreasonably withhold, unless such control or assets are acquired by KO.
(B) In the event that Distributor fails to achieve the Performance Targets (defined and determined from time to time in accordance with the provisions of Section 13.d. below) for any calendar year, provided XXX has delivered to Distributor written notice of the failure to achieve a Performance Target and Distributor has failed to remedy the deficiency within ninety (90) days of Distributor’s receipt of such notice, as determined by the Reports (as defined in Section 13.d.(i)) for the most recent four (4) week period immediately preceding the expiration of such ninety (90) day notice period.
(C) If all or any of the Concurrent Agreements (as defined below) are terminated by Distributor or Coca-Cola Bottling Company, a Nova Scotia corporation (“CCBC”), without cause or terminated by HBC or XXX, as the case may be, as a result of a breach by Distributor or CCBC, as the case may be, then XXX shall have the option to terminate this Agreement, which option may be exercised within one hundred twenty (120) days of the occurrence of such termination, by written notice by XXX to Distributor. Any such termination shall be effective upon Distributor’s receipt of MEL’s written notice of termination, and XXX shall not be liable to Distributor or otherwise obligated to pay to Distributor any severance payment or other amount by reason of such termination for compensation, reimbursement or damages of whatsoever nature including, for (i) loss of prospective compensation or earnings, (ii) goodwill or loss thereof, or (iii) expenditures, inve...
Termination by XXX xxx. Xxx.xxx may terminate this Agreement ----------------------
19.2.1 upon 30 days prior notice to GSI if GSI is not [*] or
19.2.2 immediately by giving notice of termination to GSI and without prejudice to any other rights or remedies Xxx.xxx may have, upon the occurrence of any of the following events:
(1) GSI breaches any of its material obligations under this Agreement or the Operations Manual and does not cure the breach within 30 days after GSI's receipt of Xxx.xxx's notice of the breach or such longer period as may be reasonably necessary provided that GSI is diligently pursuing a cure; or
(2) a voluntary petition is commenced by GSI under the Bankruptcy Code, as amended, 11 U.S.C. ' 101 et seq; GSI has an involuntary petition commenced against it under the Bankruptcy Code and such petition is not dismissed within 60 days after filing; GSI becomes insolvent; or any substantial part of GSI's property becomes subject to any levy, seizure, assignment, application, or sale for or by any creditor or governmental agency; or liquidates or otherwise discontinues all or a significant part of its business operations.
(3) GSI ceases to do business or otherwise terminates its business operations.
19.2.3 upon 30 days prior written notice to GSI, which must be given within 60 days after the end of the year in question, if [*] [*] Year -------------------------------------------------- [*] 1 [*] 5
Termination by XXX. 8.1.1 OMI may terminate the contract upon the sale or transfer of the water/wastewater utility to an entity other than the CITY prior to the expiration of this contract. If so terminated, OMI may claim appropriate premature termination damages. The Management Board described in Article 25 of this Services Contract shall agree upon such costs.
8.1.2 OMI may terminate this contract for its convenience upon ninety (90) days written notice, through written, mutual agreement between the CITY and OMI.
Termination by XXX. XXX. If, during any Evaluation Period, Rogers fails to ----------------------- meet the performance requirements set out in Schedule "K", XXX.XXX may, at its option, elect to terminate this Agreement upon thirty (30) days written notice to Rogers, provided that, to be effective, XXX.XXX must exercise the option to terminate set out in this Section 7.3 within sixty (60) days of receipt by XXX.XXX of the report provided by Rogers pursuant to Section 7.2 hereof.
Termination by XXX. SHI may terminate, a Subscribing Participant’s access to the HIE and this Agreement with respect to a Subscribing Participant as follows:
6.3.1 After taking a suspension action in accordance with Section 6.2 (Suspension by SHI) when there is a substantial likelihood that the Subscribing Participant’s acts or omissions create an immediate threat or will cause irreparable harm to another party including, but not limited to, a Subscribing Participant, a Participant User, the Network, Vendor, SHI, or an Individual whose PHI is exchanged through the Network;
6.3.1.1 In the event that the Subscribing Participant has materially breached this Agreement and has not cured such material breach after ten (10) business days’ notice; Attachment “A” to SHI Subscription Agreement Confidential 10 for Health Information Exchange Services
6.3.1.2 Immediately in the event that the Subscribing Participant violates this Agreement’s provisions regarding protection of SHI or Vendor’s Proprietary Information; or
6.3.1.3 Without cause, SHI may terminate all Subscribing Participants, Vendor and this entire Agreement upon thirty (30) days’ written notice to all parties.
