Termination for Cause by Customer. CUSTOMER shall have the right at any time to terminate any PSA in whole or in part with respect to the affected Services, effective immediately and without prejudice to any other legal rights to which CUSTOMER may be entitled, upon the occurrence of the following events:
(a) PROVIDER becomes subject to any voluntary or involuntary order of any governmental agency prohibiting or materially impairing the performance of any of the Services;
(b) if such Services are inadequate, unsatisfactory or substantially not in conformance with the Performance Standards or if PROVIDER’s representations and warranties are materially inaccurate and, upon receipt of notice thereof from CUSTOMER, PROVIDER (i) does not immediately undertake action in good faith to cure such default, and (ii) does not provide to CUSTOMER a preliminary analysis of the root cause of such default and an initial plan to cure such default within ten (10) days of such notice, and (iii) has not agreed with CUSTOMER on a definitive plan to cure such default acceptable to CUSTOMER within thirty (30) days of such notice, and (iv) has not fully cured such default within ninety (90) days of such notice or such longer period as may have been approved by CUSTOMER as part of PROVIDER’s plan to cure such default;
(c) if PROVIDER or CUSTOMER, due to the actions of PROVIDER, is administratively cited by any governmental agency for materially violating, or is judicially found to have materially violated, any Law governing the performance of the Services;
(d) if a trustee or receiver or similar officer of any court is appointed for PROVIDER or for a substantial part of the property of PROVIDER, whether with or without consent;
(e) if bankruptcy, composition, reorganization, insolvency or liquidation proceedings are instituted by or against PROVIDER without such proceedings being dismissed within ninety (90) days from the date of the institution thereof; or
(f) a material breach of this Agreement or a PSA by PROVIDER (which shall include a series of non-material or persistent breaches by PROVIDER, that in the aggregate constitute a material breach or have a material and significant adverse impact (i) on the administrative, management, planning, financial reporting or operations functions of CUSTOMER or (ii) on the management of the Services), and, upon receipt of notice thereof from CUSTOMER, PROVIDER (i) does not immediately undertake action in good faith to cure such breach, and (ii) does not provide to CUSTOMER ...
Termination for Cause by Customer. If Customer terminates this Agreement in accordance with Sections 8(b) or 8(c), then Customer shall not be obligated to pay Metavante the Termination Fee.
Termination for Cause by Customer. The Customer may terminate this Agreement by giving written notice to JetBrains if JetBrains materially breaches this Agreement and fails to remedy the breach within thirty (30) calendar days of receipt of written notice specifying the breach. In case of the termination of this Agreement based on this provision, the Customer will be entitled to a refund of any unused portion of prepaid Subscription Fees.
Termination for Cause by Customer. In the event of a material default by Company, Customer at its option shall have the right to terminate this Agreement by written notice to the Company unless the Company remedies the default within sixty (60) calendar days after receipt of written notice from Customer of such material default.
Termination for Cause by Customer. Customer shall have the right to terminate this Agreement upon giving EasyHRweb written notice following a material default by EasyHRweb in the due performance or satisfaction by it of any material covenant of EasyHRweb under this Agreement and the failure of EasyHRweb to remedy such default within thirty (30) days of receipt by EasyHRweb of such written notice. Any such notice must be given by Customer within sixty (60) days of the event constituting the default.
Termination for Cause by Customer. The Customer may Terminate the Agreement immediately by written notice to Altia, if Altia: Is or becomes insolvent; fails to provide the Altia Service(s) in accordance with the Agreement; or commits a breach of the Agreement and fails to remedy that breach within 30 days of notice from the Customer of that breach.
Termination for Cause by Customer. Customer may terminate this Schedule for Cause without Termination Liability or liability under Sections 1.5 or 2. For purposes of this Attachment, Cause shall mean:
(a) a failure of MCI to perform a material obligation under this Attachment which failure is not remedied by MCI within thirty (3O) days after receipt of written notice; or
(b) Network Availability for SMDS service provided under this Attachment falls below (*)% for six
Termination for Cause by Customer. Notwithstanding any provision in the Agreement to the contrary, a material breach by Splunk of any provision of this BAA will constitute a material breach of this BAA and applicable sections of the Agreement. Upon Customer’s knowledge of a breach or violation of this BAA by Splunk, Customer may require Splunk to cure the breach or end the violation. If Splunk does not cure the breach or end the violation, or if no cure or end of violation is possible, Customer may either (i) immediately terminate this BAA (and applicable sections of the Agreement) upon written notice to Splunk or (ii) if termination is not feasible, Customer will report the violation to the Secretary.
Termination for Cause by Customer. A customer may terminate this Subscription Agreement for cause: (a) upon ninety days (90) days written notice of a material breach (such a material breach would include, but would not be limited to, ACTICO’s failure to comply with any of the terms and conditions of this Subscription Agreement if such breach remains uncured at the expiration of such period; or (b) if ACTICO becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. Upon any termination for cause by customer, ACTICO shall refund customer any Subscription Charges covering the remainder of the Subscription Term after the date of termination.
Termination for Cause by Customer. Customer may terminate any Schedule(s) or portion(s) thereof by giving written notice thereof to Supplier and effective as of the termination date set forth in such notice, and without limiting Customer’s other rights or remedies under this Agreement, at law or in equity if: (a) Supplier fails to perform any obligation under a Schedule in a material respect and does not cure such breach within thirty (30) calendar days after receipt of a notice of breach from Customer (or such longer period as the Parties may agree to in writing on a case by case basis), provided, that if Supplier works diligently and in good faith to cure such breach and such breach is not capable of being cured within thirty (30) days, Supplier may request a reasonable amount of additional time to cure such breach if it demonstrates that it is capable of curing such breach within the additional period, which request may be granted or denied in Customer’s sole discretion.
