Common use of Termination by Xxxxxxx Clause in Contracts

Termination by Xxxxxxx. Xxxxxxx may terminate this Agreement upon five (5) days written notice to Customer for any material breach of this Agreement by Customer. The parties acknowledge and agree that material breaches include, but are not limited to, (1) fraud, (2) material misrepresentation, (3) failure to allow Xxxxxxx to provide software Updates to Equipment (as further described in Section 3(l) herein), (4) failure to return Equipment as described in Section 3(c-e) herein, and/or (5) failure to pay applicable fees under this Agreement. Upon Xxxxxxx’ termination as described in this section, Customer will not receive a refund of any Service Fees already paid.

Termination by Xxxxxxx. Xxxxxxx may terminate this Agreement upon five (5) days written notice to Customer for any material breach of this Agreement by Customer. The parties acknowledge and agree that material breaches include, but are not limited to, (1) fraud, (2) material misrepresentation, (3) failure to allow Xxxxxxx to provide software Updates to Equipment (as further described in Section 3(l) 6 herein), (4) failure to return Equipment as described in Section 3(c-e5(c) herein, and/or (5) failure to pay applicable fees under this Agreement. Upon Xxxxxxx’ Xxxxxxx’x termination as described in this section, Customer will not receive a refund of any Service Fees fees already paid.