TERMINATION FOR CAUSE/SUSPENSION. In event the County determines that the Contractor failed to comply with any term or condition of this Contract, the County may terminate the Contract in whole or in part upon written notice to the Contractor. Such termination shall be deemed “for cause.” Termination shall take effect on the date specified in the notice. In the alternative, the County upon written notice may allow the Contractor a specific period of time in which to correct the non-compliance. During the corrective-action time period, the County may suspend further payment to the Contractor in whole or in part, or may restrict the Contractor’s right to perform duties under this Contract. Failure by the Contractor to take timely corrective action shall allow the County to terminate the Contract upon written notice to the Contractor.
TERMINATION FOR CAUSE/SUSPENSION. Either party may terminate this Agreement immediately if the other party breaches any material provision of an applicable Order, SOW, or this Agreement, and fails to cure that breach within thirty (30) days of written notice from the non-breaching party identifying the breach. In addition, Smartsheet may suspend Customer’s access to the Subscription Service immediately if: (a) Customer fails to make a payment for more than fifteen (15) days following its due date; or (b) Customer has (or Smartsheet reasonably suspects that Customer has) breached Section 2.3 or misappropriated or infringed Smartsheet’s intellectual property or proprietary rights.
TERMINATION FOR CAUSE/SUSPENSION. FMC or Program Lender may terminate this Agreement for cause by notice to the other if:
(a) The other party materially breaches this Agreement and fails to cure such material breach, within 60 days of written demand for cure. For purposes of this Agreement, the failure to make any payment required hereunder shall constitute a material breach; or
(b) The other party shall file any proceeding under the U.S. Bankruptcy Code or similar state insolvency act, or shall be the subject of any involuntary bankruptcy proceeding, which proceeding is not dismissed within 60 days after the filing thereof.
(c) The Guaranty Agreement is terminated or XXXX becomes a debtor in any bankruptcy or insolvency proceeding. Either party to this Agreement may suspend the processing of new applications for Bank of America SC Loans in the event that XXXX experiences a material adverse financial change such as a reduction of its credit rating below investment grade, or a default is declared under any XXXX guaranty agreement with any lender. Such suspension shall continue, at the discretion of the party declaring the same, until the adverse change is cured.
TERMINATION FOR CAUSE/SUSPENSION. 35.1. Both the Company and Customers may terminate their engagement under these Terms and any License immediately, by written notice, if (“Termination for Cause”)
(a) the other party is in a material breach of these Terms and such breach, if curable, remains uncured for 14 days of written notice thereof, or (b) the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. The foregoing termination rights are in addition to any other remedies that may be available to the Company in accordance with these Terms and/or applicable law.
35.2. The Company may, at any time and without prior notice, suspend a Customer’s access to the Services or any part thereof if the Company believes, at its sole discretion, that such Customer or any third party acting at the instruction or on behalf of such Customer: (a) are using the Services in a manner that may impose a security risk, may cause harm to the Company or any third party, and/or may give rise to any liability for the Company or any third party; or (b) breach the provisions of these Terms or applicable law. The Company may unsuspend the access to the Services when it is satisfied, to its sole and absolute discretion, that the grounds for suspension no longer exist. The foregoing suspension rights are in addition to any other remedies that may be available to the Company in accordance with these Terms and/or applicable law.
TERMINATION FOR CAUSE/SUSPENSION. In the event that the Client determines that the Consultant failed to comply with any term or condition of this Agreement, the Client may terminate the Agreement in whole or in part upon written notice to the Client. Such termination shall be deemed “for cause.” Termination shall take effect on the date specified in the notice. In the alternative, the Client upon written notice may allow the Consultant a specific period of time in which to correct the non-compliance. During the corrective-action time period, the Client may suspend further payment to the Consultant in whole or in part, or may restrict the Consultant’s right to perform duties under this Agreement. Failure by the Consultant to take timely corrective action shall allow the Client to terminate the Agreement upon written notice to the Consultant.
TERMINATION FOR CAUSE/SUSPENSION. In event DFI determines that the Grantee failed to comply with any term or condition of this Grant, DFI may terminate the Grant in whole or in part upon written notice to the Grantee. Such termination shall be deemed “for cause.” Termination shall take effect on the date specified in the notice. In the alternative, DFI upon written notice may allow the Grantee a specific period of time in which to correct the non- compliance. During the corrective-action time period, DFI may suspend further payment to the Grantee in whole or in part, or may restrict the Grantee’s right to perform duties under this Grant. Failure by the Grantee to take timely corrective action shall allow DFI to terminate the Grant upon written notice to the Grantee.
TERMINATION FOR CAUSE/SUSPENSION. In event COMMERCE determines that the Contractor failed to comply with any term or condition of this Contract, COMMERCE may terminate the Contract in whole or in part upon written notice to the Contractor. Such termination shall be deemed “for cause.” Termination shall take effect on the date specified in the notice. In the alternative, COMMERCE upon written notice may allow the Contractor a specific period of time in which to correct the non-compliance. During the corrective-action time period, COMMERCE may suspend further payment to the Contractor in whole or in part, or may restrict the Contractor’s right to perform duties under this Contract. Failure by the Contractor to take timely corrective action shall allow COMMERCE to terminate the Contract upon written notice to the Contractor.
TERMINATION FOR CAUSE/SUSPENSION. Either party may terminate this Agreement and all Statements of Work immediately upon written notice to the other party if (i) the other party files a petition for bankruptcy, becomes insolvent or makes an assignment for the benefit of its creditors, or a receiver is appointed for the other party of its business; or (ii) the other party commits a material breach of this Agreement, including a Security Breach, or is named as a defendant in an FTC action or a private class action for the violation of any privacy rules, regulations or laws or breaches of any of the representations, warranties and covenants made hereunder and fails to cure such breach within thirty (30) days after receiving written notice from the other party identifying and describing such breach. Customer may immediately suspend this Agreement and/or any Statement of Work if Customer reasonably determines that 605 has failed to materially comply with this Agreement or the applicable Statement of Work. Customer will promptly notify 605 in writing upon any such suspension and the parties shall work in good faith to remedy any such noncompliance, if such noncompliance can be remedied.
TERMINATION FOR CAUSE/SUSPENSION. 7.1. ESP DELIVERS, LLC may terminate this Agreement for cause immediately upon written notice to Customer if Customer terminates the authorization for ESP DELIVERS, LLC to charge its credit card, if any charge by ESP DELIVERS, LLC to Customer’s authorized credit card is declined or reversed, Customer’s authorized credit card expires and Customer has not provided a replacement card, or in case of any other non-payment of account charges. Additionally, and at ESP DELIVERS, LLC's sole discretion, if Customer fails to pay any amount required under the Agreement when payment is due, ESP DELIVERS, LLC may suspend any or all Services upon notice to Customer, and if payment is not received from Customer within the time period set forth in the notice of suspension, ESP DELIVERS, LLC may charge Customer reconnection fees or require a security deposit prior to any reconnection of the Service.
7.2. ESP DELIVERS, LLC may terminate this Agreement for cause immediately upon written notice to Customer if ESP DELIVERS, LLC determines, in its reasonable discretion, that Customer has violated Sections 9.1, 9.2, 9.3, 9.4 or 9.7 of this Agreement. In such event, Customer shall pay ESP DELIVERS, LLC the early termination fee set forth in Section 6 of this Agreement, as liquidated damages for Customer’s breach and not as a penalty.
7.3. ESP DELIVERS, LLC may also terminate this Agreement due to a breach by Customer of any of its representations, warranties, or obligations under this Agreement which breach is not cured within thirty (30) days following receipt of written notice thereof.
7.4. ESP DELIVERS, LLC may terminate this Agreement upon sixty (60) days written notice to Customer, if ESP DELIVERS, LLC should exit all or part of the business of providing the Services under this Agreement.
7.5. Either party may terminate this Agreement if the other party ceases to do business in the normal course, becomes or is declared insolvent or bankrupt, is the subject of any proceeding related to its liquidation or insolvency (whether voluntary or involuntary) which is not dismissed within ninety (90) days, or makes an assignment for the benefit of creditors.
7.6. Articles 6 and 7 set forth the sole and exclusive rights of each party to terminate this Agreement, and except as expressly set forth in Article 6 or Article 7, no cause, event, failure or other occurrence shall give either Party any right to terminate this Agreement.
TERMINATION FOR CAUSE/SUSPENSION. Either Party may immediately terminate this Agreement upon written notice to the other Party if: (i) the other Party becomes the subject of a petition in bankruptcy or other proceeding relating to insolvency, or makes an assignment for the benefit of creditors, (ii) the other Party publicly announces (including by reporting it in SEC filings) that it has reached agreement to acquire or be acquired by the terminating Party’s competitor, (iii) the other Party breaches its confidentiality obligations under this Agreement or infringes or misappropriates the terminating Party’s Intellectual Property Rights, (iv) it determines, based on one or more Prospect’s or Client’s complaints, that the other Party’s actions or statements creates a significant risk of harm to the terminating Party’s reputation or customer relationships, (v) the other Party has committed fraud or misrepresentation with respect to entering into and/or the performance of this Agreement, (vi) a Party learns of circumstances that give it reason to believe that the other Party has engaged in illegal conduct or unethical business practices in connection with performance of this Agreement, (vii) the other Party, or any of its owners or employees responsible for providing services under this Agreement, have become the target of an investigation or prosecution by any governmental authority for alleged corruption or other violation of laws, or (viii) the other Party has violated Section 13 (Compliance with Laws) above including but not limited to, in the case of Agiloft, Services Partner’s violating Agiloft’s rights under trademark and copyright laws and/or ICANN policies and procedures governing domain names. Subject to the foregoing, either Party may terminate this Agreement upon thirty (30) days’ written notice to the other Party of such other Party’s material breach if the breach is not cured during that period. Agiloft may suspend Services Partner’s Partner Program benefits during any period in which Services Partner is in breach of this Agreement, including, without limitation, breach of any payment obligations. Such suspension, or termination of this Agreement for cause, shall be in addition to, and not in lieu of, either Party’s other rights and remedies. thirty (30) days’ written notice if there are no Statements of Work (as defined in Exhibit B) outstanding.
