Termination for Breach; Insolvency. Either party may terminate any or all Orders in the event of a material breach thereof which is not cured within 30 days of written notice of such material breach; provided, however, such termination shall not take effect if the breaching party cures or corrects the breach within such 30 day notice period. In addition, either party may terminate any or all Orders upon written notice to the other if the other party is adjudicated as bankrupt or if a petition in bankruptcy is filed by or against the other party (and such petition is not dismissed within 30 calendar days) or if the other party makes an assignment for the benefit of creditors or an arrangement pursuant to any bankruptcy act or insolvency laws.
Termination for Breach; Insolvency. Either Party may immediately terminate this Agreement and all Service Orders for material breach of this Agreement by the other Party if such breach is not cured within thirty (30) days after written notice thereof. Either Party may immediately terminate a Service Order for material breach by the other Party of the specific terms of such Service Order if such breach is not cured within thirty (30) days after written notice thereof. Either Party can terminate this Agreement immediately and without notice if a Party enters into compulsory or voluntary liquidation or is deemed unable to pay its debts as they fall due or convene a meeting of or enter into any composition with creditors or have an administrative receiver, receiver manager, or administrator appointed over all or some of the undertaking or assets or anything analogous to the events described occurs in any jurisdiction. Globalscape may terminate immediately if Subscriber has not paid Fees prior to start of Order Form.
Termination for Breach; Insolvency. Either Party may terminate this Agreement (a) upon written notice if the other Party fails to meet any material obligation under this Agreement and fails to remedy the breach within thirty (30) days after being notified in writing of such breach; or (b) upon written notice by either Party, if (i) a receiver is appointed for the other Party or its property; (ii) the other Party becomes insolvent or unable to pay its debts as they mature in the ordinary course of business or makes a general assignment for the benefit of creditors; or (iii) any proceedings (whether voluntary or involuntary) are commenced against the other Party under any bankruptcy or similar law.
Termination for Breach; Insolvency. Either party may immediately terminate this Agreement by written notice to the other party upon the occurrence of any of the following events:
Termination for Breach; Insolvency. Either Raylo or Eyetech may terminate this Agreement immediately, without prejudice to any other remedies available to it at law or in equity, by notice in writing to the other upon the occurrence of any of the following events:
Termination for Breach; Insolvency. Either Party may terminate this Agreement, effective immediately, upon written notice to the other Party thereof, if the other Party (a) has committed a material breach of its obligations under this Agreement and has failed to cure such material breach within sixty (60) days of receipt by the other Party of written notice thereof; (b) has liquidated or dissolved; or (c) becomes or is adjudicated insolvent, is unable to meet or has ceased paying its debts generally as they become due, is subject to any insolvency or bankruptcy proceeding, makes an assignment for the benefit of creditors or is subject to receivership, conservatorship or liquidation.
Termination for Breach; Insolvency. ACBL may immediately cancel any Order without liability to Seller in the event of the happening of any of the following or any other comparable event: (a) insolvency of the Seller, (b) filing of a voluntary petition in bankruptcy by Seller, (c) filing of any involuntary petition in bankruptcy against Seller; (d) appointment of a receiver or trustee for Seller; (3) execution of an assignment for the benefit of creditors by Seller, provided that such petition or assignment is not vacated or nullified within fifteen (15) days of such event, or (f) Seller fails or refuses to furnish ACBL promptly with such information and assurances as ACBL may request, from time to time, about Seller’s financial and operating conditions and ability to supply Items under an Order. ACBL further reserves the right to cancel all or any part of an Order, without liability to Seller, if Seller (a) repudiates or breaches any of the these Terms or the terms of an Order, including Seller’s warranties; (b) fails to deliver Items in accordance with the Delivery Schedule; (c) fails to make progress so as to endanger timely and proper delivery of Items; and does not correct such failure or breach within ten (10) days (or such shorter period of time, if commercially reasonable under the circumstances) after receipt of written notice from ACBL specifying such failure or breach.
Termination for Breach; Insolvency. Either Party shall be entitled to terminate this Agreement upon [***] days prior written notice to the other Party in the event of a material breach of any provision of this Agreement if such breach is not cured within [***] days after the breaching Party’s receipt of notice of such breach. Subject to any limitations under applicable law, either Party shall have the right to terminate this Agreement by giving notice to the other Party in the event that the other Party becomes insolvent or goes into bankruptcy, liquidation or receivership, or is admitted to the benefits of any procedure for the settlement of debts or becomes a party to dissolution proceedings.
Termination for Breach; Insolvency. Either Party may terminate this Agreement upon prior written notice to the other party: (i) if the other Party materially breaches any term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same, subject to Section 12(d); (ii) immediately if the other Party becomes the subject of a voluntary position in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors; (iii) immediately if the other Party becomes the subject of an involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, and such petition or proceeding is not dismissed within sixty (60) days following filing or (iv) if, due to the fault of such other Party, the Application Services have not been made available to Internet users’ within six (6) months after the Effective Date.
Termination for Breach; Insolvency. Either party may immediately terminate the Subscription Service for material breach of this Agreement by the other party if such breach is not cured within thirty (30) days after written notice thereof. Either party may terminate the Subscription Service upon notice to the other if the other party ceases to conduct business in the ordinary course without a successor.
