Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if 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.
Appears in 91 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement
Termination for Cause. A This Agreement may be terminated at any time by any party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at of a representation, covenant or term of this Agreement by any other party which is not cured within thirty (30) days after receipt of written notice thereof from the expiration of such period, terminating party or (ii) if the any proceeding in bankruptcy, reorganization, receivership or insolvency is commenced by or against any other party, such other party becomes the subject of a petition in bankruptcy shall become insolvent or shall cease paying its obligations as they become due or such other party shall make any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of its creditors.
Appears in 44 contracts
Samples: Transfer Agency and Service Agreement (Fundrise Growth Tech Fund, LLC), Transfer Agency and Service Agreement (Nuveen Variable Rate Preferred & Income Fund), Transfer Agency and Service Agreement (Guggenheim Active Allocation Fund)
Termination for Cause. A party may terminate this Agreement for cause: cause (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if 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.
Appears in 18 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Termination for Cause. A party may terminate this Agreement and/or any SOW or Order Form for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if 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.
Appears in 15 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Termination for Cause. A party Either Party may terminate this Agreement for cause: (i) upon 30 days and any Services purchased hereunder in whole or part by giving written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (iiParty: i) if the other party becomes Party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days after receipt of such notice; ii) at the subject written recommendation of a petition government or regulatory agency following a change in either applicable Law or the Services; or iii) upon the commencement by or against the other Party of insolvency, receivership or bankruptcy proceedings or any other proceeding relating to insolvency, receivership, liquidation proceedings or an assignment for the benefit of creditors.
Appears in 13 contracts
Samples: Initial Order Form, Master Services Agreement, Master Services Agreement
Termination for Cause. A Either party may terminate this Agreement or any License Term for cause: cause (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such the 30-day period, or (ii) if 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.
Appears in 10 contracts
Samples: End Customer Agreement, End Customer Agreement, End User Agreement
Termination for Cause. A Either party may terminate this the Agreement for cause: (i) upon 30 days written notice to if the other party breaches its material obligations and fails to cure within 30 days of a material breach if such breach remains uncured at the expiration receipt of such periodwritten notice, or (ii) where permitted by applicable law, if the other party becomes the subject insolvent or bankrupt, liquidated or is dissolved, or ceases substantially all of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsits business.
Appears in 9 contracts
Samples: Terms of Service, Terms of Service, Terms of Service
Termination for Cause. A party may terminate this Agreement and any Order Form for cause: (ia) upon 30 days days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, ; or (iib) if the other party ceases its business operations or becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation administration, liquidation, or assignment for the benefit of creditors.
Appears in 9 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Termination for Cause. A This Agreement may be terminated at any time by any party may terminate this Agreement for cause: (ia) upon 30 days written notice to the other party of a material breach if such breach remains uncured at of a representation, covenant or term of this Agreement by any other party which is not cured within thirty (30) days after receipt of written notice thereof from the expiration of such period, terminating party or (iib) if the any proceeding in bankruptcy, reorganization, receivership or insolvency is commenced by or against any other party, such other party becomes the subject of a petition in bankruptcy shall become insolvent or shall cease paying its obligations as they become due or such other party shall make any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of its creditors.
Appears in 8 contracts
Samples: Transfer Agency and Service Agreement (Eagle Point Credit Co Inc.), Transfer Agency and Service Agreement (Nuveen Churchill Direct Lending Corp.), Transfer Agency and Service Agreement (Virtus Stone Harbor Emerging Markets Income Fund)
Termination for Cause. A party may terminate Notwithstanding the foregoing, this Agreement for cause: (i) may be terminated by either party immediately upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party party: (w) becomes the subject of insolvent; (x) files a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or bankruptcy; (y) makes an assignment for the benefit of its creditors; or (z) breach any of its obligations under this Agreement in any material respect, which breach is not remedied within thirty (30) days following written notice to such party.
Appears in 8 contracts
Samples: Content License Agreement (Media888 Inc), Content License Agreement (Media888 Inc), Content License Agreement (Media888 Inc)
Termination for Cause. A party Either Party may terminate this Agreement upon a material breach by the other Party if such material breach, if subject to cure, remains uncured for cause: ten (i10) upon 30 days following written notice to the other party of a material breach breaching Party. Vintory may terminate this Agreement without advance notice (1) if such breach remains uncured at the expiration of such periodany fees or expenses remain unpaid by Customer thirty (30) days after they are due, or (ii2) if the other party becomes the subject of a petition in Customer institutes voluntary bankruptcy or any other proceeding relating to insolvency proceedings or otherwise admits insolvency, receivership, liquidation or assignment for the benefit of creditors.
Appears in 7 contracts
Samples: Customer Agreement, Customer Agreement, Customer Agreement
Termination for Cause. A Either party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (iiincluding all related Order Forms) if the other party becomes the subject (a) fails to cure any material breach of this Agreement (including a petition in bankruptcy failure to pay fees) within thirty (30) days after written notice; (b) ceases operation without a successor; or (c) seeks protection under any other proceeding relating to insolvencybankruptcy, receivership, liquidation trust deed, creditors' arrangement, composition, or assignment for the benefit of creditorscomparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter).
Appears in 7 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
Termination for Cause. A party may terminate this Agreement for cause: cause (i) upon 30 days days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if 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.
Appears in 7 contracts
Samples: Licence Agreement, Terms of Use Agreement, Licence Agreement
Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such 30-day period, or (ii) if 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, or (iii) any breach of warranty by Us as stated in Section 9.1 (Our Warranties).
Appears in 6 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement
Termination for Cause. A Either party may terminate this Agreement for cause: (i) upon 30 days written immediately by notice to the other if:
(a) The other party of commits a material breach if such breach remains uncured at the expiration of such periodthis Agreement and, or (ii) if the breach is capable of remedy, fails to remedy the breach within thirty days of receipt of a written request to do so from the party not in breach; or
(b) The other party becomes the is subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsan Insolvency Event.
Appears in 6 contracts
Samples: Representative Agreement, Representative Agreement, Representative Agreement
Termination for Cause. A party may terminate this Agreement for cause: (ia) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, period or (iib) immediately upon written notice if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation liquidation, or assignment for the benefit of creditors.
Appears in 6 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement
Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 days after written notice of a material breach to the other party of a material breach if such breach remains uncured at the expiration of such period, ; or (ii) if the other party becomes ceases to conduct business in the subject of ordinary course, files a petition in for liquidation bankruptcy, fails to have an involuntary petition for bankruptcy dismissed or any other proceeding relating converted to insolvencya non-liquidation bankruptcy within 60 days after filing, receivership, liquidation or makes an assignment of essentially all assets for the benefit of creditors.
Appears in 6 contracts
Samples: Service Agreement, Vendor Agreement, Standard Purchase and License Terms
Termination for Cause. A Either party may terminate this Agreement for cause: (i) upon 30 days written notice by giving to the other party written notice of a such termination upon the other party’s (a) material breach if such breach remains uncured at of this Agreement (subject to the expiration other party’s right to cure within thirty (30) days after receipt of such periodnotice); or (b) insolvency, or (ii) if the institution of any bankruptcy or similar proceedings by or against 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 creditorsparty.
Appears in 5 contracts
Samples: Terms of Service and Subscription Agreement, Terms of Service and Subscription Agreement, Terms of Service and Subscription Agreement
Termination for Cause. A Either party may terminate this Agreement and/or an Order for cause: (i) upon 30 days days’ written notice of a material breach to the other party of a material breach if such breach remains uncured at the expiration of such period, ; or (ii) immediately if 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.
Appears in 5 contracts
Samples: BMC Cloud Services Master Agreement, Cloud Services Master Agreement, Cloud Services Master Agreement
Termination for Cause. A Either party may terminate this Agreement for cause: (i) upon 30 thirty (30) days written notice to the other party of a material breach to the other party, if such breach remains uncured at the expiration of such period, ; or (ii) immediately if 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.
Appears in 5 contracts
Samples: Subscription Services Agreement, Subscription Services Agreement, Subscription Services Agreement
Termination for Cause. A party may terminate this Agreement and/or any SOW or Order Form for cause: :
(i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if 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.
Appears in 5 contracts
Samples: Professional Services, Professional Services Agreement, Professional Services Agreement
Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach (including, without limitation, Your failure to pay the fees when due) if such breach remains uncured at the expiration of such period, (ii) if the other party ceases operation without a successor; or (iiiii) if 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.
Appears in 5 contracts
Samples: Software as a Service Subscription Agreement, Software as a Service Subscription Agreement, Software as a Service Subscription Agreement
Termination for Cause. A party This Agreement may terminate this Agreement for cause: also be terminated immediately, by written notice, (i) upon 30 days written notice to by either Party in the other party event of a material breach of this Agreement by the other Party if the circumstances that led to such breach remains remain uncured at the expiration for 30 days from receipt of such periodwritten notice of default, or (ii) by either Party if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating Party ceases to insolvencydo business, receivership, liquidation or makes an assignment for the benefit of creditors, or files or has filed against it a petition of bankruptcy or other insolvency proceeding.
Appears in 5 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
Termination for Cause. A party Party may terminate this Agreement for cause: (i) I. upon 30 days days’ written notice to the other party Party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if 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.or
Appears in 5 contracts
Samples: Master Subscription & Professional Services Agreement, Master Subscription & Professional Services Agreement, Subscription and Professional Services Agreement
Termination for Cause. A Either party may terminate this Agreement for cause: upon written notice If (i) upon 30 days written notice to the other party materially breeches any term or condition of a material breach if this Agreement and fails co cure such breach remains uncured at the expiration within thirty (30) calendar days alter receiving written, notice of such periodbreach, or (ii) if the other party becomes the subject of a petition in any voluntary or involuntary proceeding under the applicable bankruptcy or any insolvency laws and such proceeding is not dismissed within sixty days after the other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit party’s receipt of creditorswritten notice of such proceeding.
Appears in 5 contracts
Samples: Development and License Agreement, Development and License Agreement (Entropic Communications Inc), Development and License Agreement (Entropic Communications Inc)
Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 days thirty (30) days’ written notice of a material breach to the other party of a material breach if such breach remains uncured at the expiration of such period, ; or (ii) if 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. Upon any termination for cause by Customer, Conga will refund Customer any prepaid fees for the remainder of the Subscription Term after the date of termination.
Appears in 4 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Termination for Cause. A party may terminate this Agreement for cause: (ia) upon 30 thirty (30) days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (iib) if 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, except if any such petition is involuntary and is dismissed within sixty (60) days.
Appears in 4 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement
Termination for Cause. A party Either Party may terminate this Agreement for cause: (ia) upon 30 thirty (30) days of providing written notice of termination to the other party Party of a material breach if such breach remains uncured at the expiration of such period, or (iib) if the other party Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, examinership, liquidation or assignment for the benefit of creditors.
Appears in 4 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
Termination for Cause. A Any party may immediately terminate this Agreement for cause: (i) cause upon 30 days written notice to the other party of a material breach if such breach remains uncured at in the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvencyevent of:
1. Bankruptcy, receivership, liquidation of either party, regardless of whether any of these occur voluntarily or assignment involuntarily; or
2. Failure by any party to fulfill a material obligation under this Agreement, provided that such party has been notified in writing of such failure and such failure continues without cure for the benefit a period of creditorsninety (90) days after written notice thereof.
Appears in 4 contracts
Samples: Flood Insurance Services Agreement (Insurance Management Solutions Group Inc), Flood Insurance Services Agreement (Insurance Management Solutions Group Inc), Flood Insurance Services Agreement (Insurance Management Solutions Group Inc)
Termination for Cause. A party Either Party may terminate this Agreement for cause: (i) upon 30 thirty (30) days written notice to the other party of a material breach of this Agreement by the other Party if such breach remains uncured at the expiration of such period, ; or (ii) if the other party 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.
Appears in 4 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
Termination for Cause. A This Agreement may be terminated by either party may terminate this Agreement for cause: (i) upon 30 days written notice to immediately in the event that the other party of party:
(a) fails to cure a material breach if such breach remains uncured at of its obligations hereunder within thirty (30) days after receiving notice of the expiration of such period, breach; or
(b) becomes insolvent or (ii) if the other party becomes the subject of a petition in bankruptcy or insolvency proceedings, commits an act of bankruptcy, makes any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsits creditors or a receiver is appointed for its business or any part of its property.
Appears in 4 contracts
Samples: Services Agreement (InBev Corporate Holdings Inc.), Services Agreement (InBev Corporate Holdings Inc.), Services Agreement (American Beverage Co Ambev)
Termination for Cause. A Either party may terminate this Agreement for cause: (i) upon 30 days written thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if 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. This Agreement may not otherwise be terminated prior to the end of the Subscription Term.
Appears in 4 contracts
Samples: Terms of Service, Terms of Service, Terms of Service
Termination for Cause. A party may terminate this Support and Maintenance Agreement and/or any SOW or Order Form for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if 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.
Appears in 4 contracts
Samples: Professional Services, Standards Digital Support and Maintenance Agreement, Standards Digital Support and Maintenance Agreement
Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 days thirty (30) days’ written notice of a material breach to the other party of a material breach if such breach remains uncured at the expiration of such period, ; or (ii) if 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. Upon any termination for cause by Customer, Apttus will refund Customer any prepaid fees for the remainder of the Subscription Term after the date of termination.
Appears in 4 contracts
Samples: Master Subscription Services Agreement, Master Subscription Services Agreement, Master Subscription Services Agreement
Termination for Cause. A Either party may terminate this Agreement for cause: at any time (i) upon 30 days written notice to if the other party of a material breach if breaches any term hereof and fails to cure such breach remains uncured at the expiration within sixty (60) days after notice of such period, breach or (ii) if the other party shall be or becomes the subject of a petition in bankruptcy insolvent, or any other proceeding relating to insolvency, receivership, liquidation or if either party makes an assignment for the benefit of creditors, or if there are instituted by or against either party proceedings in bankruptcy or under any insolvency or similar law or for reorganization, receivership or dissolution which proceeding is not dismissed within ninety (90) days.
Appears in 4 contracts
Samples: Development and Supply Agreement (Netlist Inc), Development and Supply Agreement (Netlist Inc), Development and Supply Agreement (Netlist Inc)
Termination for Cause. A Either party may terminate this Agreement for cause: , upon thirty (i30) upon 30 days days’ written notice to in the other party event of a material breach if and such breach remains uncured at the expiration of such period, period or (ii) if 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.
Appears in 4 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Termination for Cause. A party may terminate Notwithstanding the foregoing, this Agreement for cause: (i) may be terminated by either party immediately upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party party: (w) becomes the subject of insolvent; (x) files a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or bankruptcy; (y) makes an assignment for the benefit of its creditors; or (z) breaches any of its obligations under this Agreement in any material respect, which breach is not remedied within thirty (30) days following written notice to such party.
Appears in 4 contracts
Samples: License Agreement (Insweb Corp), License Agreement (Insweb Corp), License Agreement (Insweb Corp)
Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 days days’ written notice to the other party of a material breach of this Agreement if such breach remains uncured at the expiration of such period, or (ii) if 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. iGrafx may terminate this Agreement immediately for cause if You breach Section 3.3 (Your Responsibilities and Restrictions) or Section 5 (Proprietary Rights) of the Agreement.
Appears in 4 contracts
Samples: Cloud Services Agreement, Cloud Services Agreement, Cloud Services Agreement
Termination for Cause. A Either party may terminate this Agreement for cause: (i) upon 30 thirty (30) days written notice of a material breach to the other party of a material breach if such breach remains uncured at the expiration of such period, ; or (ii) immediately if 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.
Appears in 4 contracts
Samples: Hosted Services Agreement, Hosted Services Agreement, Master Subscription Services Agreement
Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 60 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if 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.
Appears in 3 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement
Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, except that the cure period for non-payment is five days, or (ii) if 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.
Appears in 3 contracts
Samples: Saas License Agreement, Software as a Service (Saas) License Agreement, Software as a Service (Saas) License Agreement
Termination for Cause. A Either party may terminate this the Agreement (a) for cause: cause upon thirty (i30) upon 30 days written notice of a material breach to the other party of a material breach if such breach remains uncured at the expiration of such period, period or (iib) if the other either party ceases to do business as an operating concern or (c) becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvencyfinancially insolvent, receivership, liquidation or makes an assignment for the benefit of creditors., or files for bankruptcy which is not dismissed within sixty
Appears in 3 contracts
Samples: Managed Services Provider Agreement, Managed Services Provider Agreement, Managed Services Provider Agreement
Termination for Cause. A party Either Party may terminate this Agreement or any active Subscription for cause: (i) upon 30 days written notice to the other party Party of a material breach if such breach remains uncured at the expiration of such the 30-day period, ; or (ii) if the other party 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.
Appears in 3 contracts
Samples: Master Service Agreement, Master Service Agreement, Master Subscription Agreement
Termination for Cause. A Either party may will have the right to --------------------- terminate this Agreement for cause: by written notice in the event the other party (i) upon 30 days written notice to materially breaches any of the other party terms and conditions of a this Agreement and such material breach if such breach remains continues uncured at the expiration in excess of such periodthirty (30) days after notice, (ii) ceases to function as a going concern, or (iiiii) if the other party becomes the subject of has a petition in filed by or against it under any state or federal bankruptcy or any other proceeding relating to insolvency, receivership, liquidation insolvency law which petition has not been dismissed or assignment for the benefit set aside within sixty (60) days of creditorsits filing.
Appears in 3 contracts
Samples: Agreement (Bamboo Com Inc), Agreement (Bamboo Com Inc), Agreement (Bamboo Com Inc)
Termination for Cause. A Either party may terminate this Agreement for cause: at any time upon written notice if the other party (i) upon 30 is in material breach of its obligations hereunder and fails to cure such breach within thirty (30) days following written notice to the other party of a material breach if such breach remains uncured at the expiration of such periodbreach, or (ii) if the other party becomes the subject of insolvent or files or has filed against it a petition in under bankruptcy or any other proceeding relating to insolvencyinsolvency law which remains undismissed after ninety (90) days, receivership, liquidation or makes an assignment for the benefit of creditorscreditors or takes any similar action under applicable bankruptcy or insolvency law.
Appears in 3 contracts
Samples: Oem Partner Agreement, Reseller Agreement (Lakota Technologies Inc), Oem Partner Agreement (PTN Media Inc)
Termination for Cause. A party Either Party may terminate this Agreement for cause: (iincluding all or some of the Order Forms):
(a) immediately upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes Party materially breaches any of its obligations hereunder and fails to cure such breach within 30 calendar days following written notice; or
(b) immediately upon notice in the subject event of a petition in the suspension of business, insolvency, institution of bankruptcy or any liquidation proceedings by or against the other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsParty.
Appears in 3 contracts
Samples: Master Product and Services Agreement, Master Product and Services Agreement, Master Product and Services Agreement
Termination for Cause. A Either party may terminate this Agreement and any SOWs for cause: (ia) upon 30 days days' written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, ; or (iib) if the other party ceases its business operations or becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation administration, liquidation, or assignment for the benefit of creditors.
Appears in 3 contracts
Samples: Software Service Agreement, Software Service Agreement, Software Service Agreement
Termination for Cause. A party Party may terminate this the Agreement for cause: cause (i) upon 30 days thirty (30) days' written notice to the other party Party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject immediately upon a Bankruptcy Event of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorseither Party.
Appears in 3 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Termination for Cause. A party may terminate this Agreement for cause: :
(i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if 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.
Appears in 3 contracts
Samples: General Terms and Conditions, General Terms and Conditions, Terms of Use
Termination for Cause. A party may terminate this Agreement for cause: (iincluding all related Order Forms):
(a) upon 30 days days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or ; or
(iib) if the other party ceases its business operations or becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation administration, liquidation, or assignment for the benefit of creditors.
Appears in 3 contracts
Samples: Governing Services Agreement, Governing Services Agreement, Governing Services Agreement
Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding proceedings relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
Appears in 3 contracts
Samples: Software Subscription Agreement, Agreement With Vendor for Budgeting Solution and Related Services, Software Subscription Agreement
Termination for Cause. A Either party may terminate this Agreement for causeat any time during the Term: (ia) upon 30 days written notice to immediately for a material breach of this Agreement by the other party of a unless such material breach if is cured within such breach remains uncured at the expiration of such 30 day period, ; or (iib) immediately if 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.
Appears in 3 contracts
Samples: Master Services Agreement, Master Services Agreement (Castlight Health, Inc.), Master Services Agreement (Castlight Health, Inc.)
Termination for Cause. A Either party may terminate this Agreement for cause: (i) upon 30 days written notice of a breach to the other party of a material breach if such breach remains uncured at the expiration of such period, ; or (ii) immediately upon material breach by the other party; or (iii) immediately if 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.
Appears in 3 contracts
Samples: BMC Innovation Suite and Applications Agreement, BMC Innovation Suite and Applications Agreement, Master Subscription Services Agreement
Termination for Cause. A Either party may terminate this Agreement, upon written notice, for any material breach (including the failure to pay Subscription Fees when due) that the breaching party fails to cure within thirty (30) days following written notice specifying the breach. If the breach is incapable of cure, the termination shall be effective upon notice to the breaching party. Either party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if 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.
Appears in 3 contracts
Samples: Hubble Customer Agreement, Terms of Service, Terms of Service
Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, ; or (ii) if 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.
Appears in 3 contracts
Samples: Software as a Service Agreement, Software as a Service Agreement, Software as a Service Agreement
Termination for Cause. A Either party may terminate this Agreement for cause: (i) immediately upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes party: (a) materially breaches this Agreement and fails to remedy such breach within 30 days after receiving notice of the subject of breach from the other party; (b) materially breaches this Agreement in a petition in manner that cannot be remedied; or (c) commences bankruptcy or any other proceeding relating dissolution proceedings, has a receiver appointed for a substantial part of its assets, or ceases to insolvency, receivership, liquidation or assignment for operate in the benefit ordinary course of creditorsbusiness.
Appears in 3 contracts
Samples: Purchase Agreement, Software License Agreement, Purchase Agreement
Termination for Cause. A party Either Party may terminate this Agreement or any active Subscription for cause: cause (i) upon 30 days written notice to the other party Party of a material breach if such breach remains uncured at the expiration of such the 30-day period, or (ii) if the other party 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.
Appears in 3 contracts
Samples: Master Service Agreement, Service Agreement, Master Service Agreement
Termination for Cause. A Either party may terminate this Agreement or any Statement of Work for cause: (i) upon 30 thirty (30) days prior written notice to the other party of a material breach by the other party if such breach remains uncured at the expiration of such notice period, ; or (ii) if immediately in the event 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.
Appears in 2 contracts
Samples: Services Agreement, Professional Services Agreement
Termination for Cause. A party may terminate this Agreement and the relevant Order Form for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if 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.
Appears in 2 contracts
Samples: Master Subscription License Agreement, Master Subscription License Agreement
Termination for Cause. A party may terminate this Agreement and any Order Form then in effect for cause: cause (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if 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.
Appears in 2 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement
Termination for Cause. A This Agreement may be terminated by either party may terminate this Agreement for cause: (i) upon 30 days written notice to cause in the event of a breach by the other party (the "Breaching Party") of a any material breach if term or condition hereof and the failure of the Breaching Party to cure such breach remains uncured at within thirty (30) days following the expiration receipt of notice of such period, or (ii) if 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 creditorsbreach.
Appears in 2 contracts
Samples: Sales Agreement (Idt Corp), Sales Agreement (Idt Corp)
Termination for Cause. A party may immediately terminate this Agreement for cause: (i) upon 30 days by providing written notice to upon the following events:
(a) if the other party materially breaches any provision of a material breach if this Agreement and fails to cure such breach remains uncured at within thirty (30) days of receipt of written notice describing the expiration of such period, or breach; or
(iib) if the other party becomes the subject of a petition in bankruptcy insolvent or seeks protection under any other proceeding relating to insolvencybankruptcy, receivership, liquidation trust deed, creditors arrangement, composition or assignment for the benefit of creditorscomparable proceeding.
Appears in 2 contracts
Samples: Joint Sales and Marketing Agreement, Joint Sales and Marketing Agreement (Synnex Corp)
Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 days days’ written notice of a material breach to the other party of a material breach if such breach remains uncured at the expiration of such period, ; or (ii) if 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. Upon any termination for cause by Customer, APTTUS shall refund Customer any prepaid fees for the remainder of the Subscription Term after the date of termination.
Appears in 2 contracts
Samples: Terms of Use, Terms of Use
Termination for Cause. A Either party may terminate this Agreement for causeat any time upon written notice if the other party: (i) upon 30 is in material breach of its obligations hereunder and fails to cure such breach within thirty (30) days following written notice to the other party of a material breach if such breach remains uncured at the expiration of such periodbreach, or (ii) if the other party becomes the subject of insolvent or files or has filed against it a petition in under bankruptcy or any other proceeding relating to insolvencyinsolvency law which is not dismissed within ninety (90) days, receivership, liquidation or makes an assignment for the benefit of creditorscreditors or takes any similar action under applicable bankruptcy or insolvency law.
Appears in 2 contracts
Samples: Non Exclusive Distributor Agreement, Non Exclusive Channel Partner Agreement
Termination for Cause. A party may terminate this Agreement and/or any SOW for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if 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.
Appears in 2 contracts
Samples: Master Professional Services Agreement, Master Professional Services Agreement
Termination for Cause. A party may terminate Notwithstanding the foregoing, this Agreement for cause: (i) may be terminated by either party immediately upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party party: (w) becomes the subject of insolvent; (x) files a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or bankruptcy; (y) makes an assignment for the benefit of its creditors; or (z) breach any of its obligations under this Agreement in any material respect, which breach is not remedied within thirty (30) days (ten (10) days in the case of a failure to pay) following written notice to such party.
Appears in 2 contracts
Samples: License Agreement (Thestreet Com), License Agreement (Thestreet Com)
Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such notice period, or (ii) if 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.
Appears in 2 contracts
Samples: Resale Agreement (Mobile Iron, Inc.), Resale Agreement (Mobile Iron, Inc.)
Termination for Cause. A party Either Party may terminate this Agreement for causeif: (i) upon 30 days written notice to the other party Party materially breaches this Agreement and does not rectify such breach within 14 days of receipt of a material breach if such breach remains uncured at the expiration of such period, or (ii) if notice thereof from the other party becomes Party; or the subject other Party enters into any form of a petition in bankruptcy or any other proceeding relating insolvency administration or ceases to insolvency, receivership, liquidation or assignment for the benefit of creditorsconduct business.
Appears in 2 contracts
Samples: End User License Agreement (Eula), End User License Agreement (Eula)
Termination for Cause. A Either party may terminate this Agreement for cause: (i) immediately upon 30 days written notice to the other party of a material breach if if: (a) the other party materially breaches this Agreement, and such breach remains uncured at the expiration more than thirty (30) days after receipt of written notice of such period, breach; or (b) the other party: (i) becomes insolvent; (ii) if the other party becomes the subject of files a petition in bankruptcy that is not dismissed within sixty (60) days of commencement; or any (c) the other proceeding relating to insolvency, receivership, liquidation or party makes an assignment for the benefit of its creditors.
Appears in 2 contracts
Termination for Cause. A Either party may terminate this Agreement Agreement, a Statement of Work or a Subscription Term for cause: (i) upon 30 days a thirty (30)-days prior written notice to the other party of a material breach of this Agreement to the other party, if such breach remains uncured at the expiration of such period, ; or (ii) immediately upon written notice, if the other party becomes the subject of a petition in bankruptcy or any other proceeding proceeding(s) relating to insolvency, receivership, liquidation or assignment for the benefit benefit of creditors.
Appears in 2 contracts
Samples: Master Services Agreement, Master Services Agreement
Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 thirty (30) days written notice to the other party of a material breach if to the other party, provided such breach remains uncured at the expiration of such the notice period, ; or (ii) if 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.
Appears in 2 contracts
Samples: Hosted Services Agreement, Hosted Services Agreement
Termination for Cause. A party This Agreement may terminate be terminated at any --------------------- time by either party:
(a) upon breach of this Agreement for cause: by the other party, on sixty (i60) upon 30 days days' prior written notice to the other party of a material breach if such breach remains uncured breaching party, this notice to become effective at the expiration end of such period, sixty (60) day period unless the breach is sooner cured by the breaching party; or
(b) upon bankruptcy or (ii) if insolvency of the other party becomes or placing of the subject business of a petition such party in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
Appears in 2 contracts
Samples: Non Exclusive Distribution Agreement (Pharmaceutical Resources Inc), Non Exclusive Distribution Agreement (Pharmaceutical Resources Inc)
Termination for Cause. A party may terminate this Agreement for cause: (i) upon giving 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, ; or (ii) if 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 creditorscreditors in any jurisdiction; or (iii) a Force Majeure event lasts more than 28 days.
Appears in 2 contracts
Termination for Cause. A Either party may terminate this Agreement for causeCause if the other party: (ia) upon 30 fails to perform any material term or condition of this agreement and does not remedy the failure within thirty (30) days after receipt of written notice to the other party of a material breach if such breach remains uncured at the expiration of such perioddefault, or (iib) if the other party becomes the subject of insolvent, files or has filed against them a petition in under applicable bankruptcy or insolvency laws which is not dismissed within ninety (90) days, or makes any other proceeding relating to insolvency, receivership, liquidation or assignment similar agreements for the benefit of creditorsits creditors or takes any similar actions.
Appears in 2 contracts
Samples: Software Support Agreement, Extended Warranty Agreement
Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 days written notice to if the other party of a materially breaches this Agreement and fails to cure such material breach if within 30 days of the breaching party’s receipt of written notice from the non-breaching party specifying such breach remains uncured at the expiration of such periodmaterial breach, or (ii) if 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.
Appears in 2 contracts
Samples: Grant Management Software Agreement, Master Service Agreement
Termination for Cause. A The Agreement may be terminated by either party may terminate this Agreement for cause(a) upon a material breach by the other party, provided that, in each instance of a claimed breach: (i) upon 30 days written notice to the other non-breaching party of a material breach if such breach remains uncured at notifies the expiration breaching party in writing of such period, or breach; and (ii) if the breaching party fails to cure such breach within thirty (30) days from receipt of such notice; or (b) upon insolvency of or the filing of bankruptcy by the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvencyparty, receivership, liquidation or assignment for the benefit of creditorsif permitted by law.
Appears in 2 contracts
Samples: Nimsoft Subscription Terms, Nimsoft Perpetual Terms
Termination for Cause. A party Party may terminate this Agreement for cause: cause (i) upon 30 60 days written notice to the other party Party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party 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.
Appears in 2 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement
Termination for Cause. A Either party may terminate this Agreement for cause: (i) upon 30 days written immediately by giving notice to the other party of party, if the other party;
a. Commits a material breach if such of this Agreement and fails to remedy that breach remains uncured at within 10 Business Days in receipt of notice of the expiration of such periodbreach from the first party; or
b. Becomes insolvent, is placed in receivership or (ii) if the other party becomes liquidation, is the subject of a petition in bankruptcy any winding up or liquidation resolution or order, or is subject to any other proceeding relating to insolvency, receivership, liquidation form of insolvency action or assignment for the benefit of creditorsadministration.
Appears in 2 contracts
Samples: Farm Data Service Level Agreement, Terms and Conditions of Supply of Services
Termination for Cause. A party This Agreement may terminate this Agreement for causebe terminated by either party: (i) upon 30 days written notice to if the other party of a is in material breach if such of this Agreement and the breach remains uncured at is not cured within 30 days after written notice of the expiration of such period, breach; or (ii) if 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.
Appears in 2 contracts
Samples: Master Services Agreement, Master Services Agreement
Termination for Cause. A Either party may terminate this Agreement for cause: and/or any Order Form hereunder (i) upon 30 days written notice to the other party of a material breach if by the other party, unless the other party has cured such breach remains uncured at within the expiration of such 30-day period, or (ii) immediately upon written notice to the other if the other party (or, in the case of an Order Form, if the Customer) ceases to conduct its business in the ordinary course or becomes the subject of a petition in bankruptcy bankruptcy, insolvency or any other similar proceeding relating to insolvency, receivership, liquidation or assignment for the benefit that is not dismissed within 30 days of creditorsfiling.
Appears in 2 contracts
Samples: Reseller Agreement (Salesforce Com Inc), Reseller Agreement (Salesforce Com Inc)
Termination for Cause. A party Party may terminate this Agreement for cause: if the other Party (ia) upon materially breaches this Agreement and fails to cure the breach within 30 days after written notice to by the other party of a material breach if such breach remains uncured at non-breaching Party detailing the expiration of such periodbreach, or (iib) if 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, and such petition or proceeding is not dismissed within 60 days.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Termination for Cause. A Either party may terminate this Agreement for cause: :
(ia) upon 30 days 14 days' written notice to the other party of a breach of a material breach term of this Agreement if such breach remains uncured unremedied at the expiration of such period, or ; or
(iib) if the other party becomes the subject of a petition in bankruptcy petition, action or any other proceeding relating to insolvency, receivership, liquidation liquidation, bankruptcy, administration or assignment for the benefit of creditors.
Appears in 2 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement
Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 days written notice by giving --------------------- to the other party sixty (60) days prior written notice following:
(a) the bankruptcy or the insolvency of a the other party; or
(b) the breach of any material breach if such breach remains uncured at the expiration provision of such period, or (ii) if this Agreement by the other party becomes if the subject of a petition breach is not cured within thirty (30) days after written notice thereof to the party in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsdefault.
Appears in 2 contracts
Samples: Development and Commercialization Agreement (Aderis Pharmaceuticals Inc), Development and Commercialization Agreement (Aderis Pharmaceuticals Inc)
Termination for Cause. A Either party may terminate this Agreement for cause: Contract in the event that (i) upon 30 days written notice to the other party of commits a material breach if such breach remains uncured at the expiration of such periodits obligations, representations or warranties hereunder, and (ii) if such breaching party fails to cure such breach within twenty (20) business days after the other breaching party becomes receives written notice of such breach from the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsnon-breaching party.
Appears in 2 contracts
Samples: Contract, Sourcewell Contract
Termination for Cause. A party may terminate Notwithstanding the foregoing, this Agreement for cause: (i) may be terminated by either party immediately upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of party: (w) be comes insolvent; (x) files a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or bankruptcy; (y) makes an assignment for the benefit of its creditors; or (z) breaches any of its obligations under this Agreement in any material respect, which breach is not remedied within thirty (30) days following written notice to such party.
Appears in 2 contracts
Samples: Content License Agreement (Thestreet Com), Content License Agreement (Thestreet Com)
Termination for Cause. A party Either Party may terminate this Agreement for cause: (i) --------------------- upon 30 days written notice to the other party of a material breach if Party in the event the other Party (a) materially breaches this Agreement and fails to cure such breach remains uncured at within sixty (60) days after receipt of written notice of breach from the expiration of such periodnon-breaching Party, or (iib) if the other party becomes the subject of makes a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or general assignment for the benefit of creditors, has a receiver appointed on it's behalf, files or otherwise becomes subject to bankruptcy or insolvency proceedings which continues unstayed and in effect for a period of sixty (60) days.
Appears in 2 contracts
Samples: Termination and Asset Sale and Purchase Agreement (Anesta Corp /De/), Termination and Asset Sale and Purchase Agreement (Anesta Corp /De/)
Termination for Cause. A party Either Party may immediately terminate this Agreement for causeupon notice to the other Party if the other Party: (i) upon materially breaches this Agreement and, to the extent such breach is curable, fails to cure such breach within 30 days written after receiving notice to of the breach from the other party of a material breach if such breach remains uncured at the expiration of such periodParty, or (ii) if the other party becomes the subject of a petition in commences bankruptcy or any other proceeding relating dissolution proceedings, has a receiver appointed for a substantial part of its assets, or ceases to insolvency, receivership, liquidation or assignment for operate in the benefit ordinary course of creditorsbusiness. Any accrued rights and obligations will survive termination.
Appears in 2 contracts
Samples: Integration Agreement, Integration Agreement
Termination for Cause. A Either party may terminate this Agreement for cause--------------------- and/or Statement of Work(s) if: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (iia) if the other party breaches any material term of this Agreement, and fails to remedy such breach within thirty (30) days of receiving notice to do so by the nondefaulting party, or (b) in the event that the other party becomes the subject of insolvent, makes a general assignment to creditors, has a receiver appointed or files a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsbankruptcy.
Appears in 2 contracts
Samples: Professional Services Agreement (Telaxis Communications Corp), Professional Services Agreement (Telaxis Communications Corp)
Termination for Cause. A party This Agreement and the Order Form may terminate this Agreement for causebe terminated by either party: (i) upon 30 days written notice to if the other party of a is in material breach if such of this Agreement or the Order Form and the breach remains uncured at is not cured within 30 days after written notice of the expiration of such period, breach; or (ii) if 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.
Appears in 2 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement
Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 thirty (30) days written notice to the other party of a material breach if to the other party, provided such breach remains uncured at the expiration of such the notice period, ; or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation liquidation, or assignment for the benefit of creditors.
Appears in 2 contracts
Samples: Software as a Service Agreement, Software as a Service Agreement
Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 90 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if 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, provided both parties make substantial good faith efforts during that 90 day notice period to resolve such breach or agree on a future mutually acceptable course of action to resolve such breach within an acceptable time frame.
Appears in 2 contracts
Samples: Master Services Agreement, Master Service Agreement
Termination for Cause. A Either party may terminate this Agreement for cause: (i) upon 30 days prior written notice to the other party of a material breach by the other party, if such breach remains uncured at the expiration end of such period, or ; (ii) immediately upon written notice if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to bankruptcy, insolvency, receivership, liquidation or liquidation, assignment for the benefit of creditorscreditors or similar proceeding; or (iii) immediately upon written notice if the other party undergoes a change of control in favor of a direct competitor of the terminating party.
Appears in 2 contracts
Samples: Advertiser Agreement, Advertiser Agreement
Termination for Cause. A Either party may terminate this the Agreement for cause: (i) upon 30 days written notice to if the other party breaches its material obligations and fails to cure within 30 days of a material breach if receipt of written notice of such breach remains uncured at by the expiration of such periodother party, or (ii) where permitted by applicable law, if the other party becomes the subject insolvent or bankrupt, liquidated or is dissolved, or ceases substantially all of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsits business.
Appears in 2 contracts
Samples: Terms of Service, Terms of Service
Termination for Cause. A party Party may terminate this Agreement or any applicable Order for cause: (ia) upon 30 days days' written notice to the other party Party of a material breach (including details sufficient to identify the material breach) if such breach remains uncured at the expiration of such period, (b) immediately for material violations of confidentiality obligations, or (iic) if the other party 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.
Appears in 2 contracts
Samples: Saas Agreement, Saas Agreement
Termination for Cause. A party may terminate this Agreement and/or any SOW, Work Order, or Order Form for cause: :
(i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if 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.
Appears in 2 contracts
Samples: Professional Services Agreement, Professional Services Agreement
Termination for Cause. A Either party may terminate this Agreement for cause: cause (i) upon 30 10 days written notice of a material breach to the other party of a material breach if such breach remains uncured at the expiration of such period, ; or (ii) immediately upon written notice if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to bankruptcy, insolvency, receivership, liquidation or liquidation, assignment for the benefit of creditorscreditors or similar proceeding.
Appears in 2 contracts
Termination for Cause. A Either party may terminate this Agreement AGREEMENT for cause: cause (ia) upon 30 thirty (30) days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (iib) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, examinership, liquidation or assignment for the benefit of creditors.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Termination for Cause. A party Party may terminate this Agreement for cause: (i) upon 30 days in a written notice to the other party Party (i) in the event of a material breach if of this Agreement that has not been cured within thirty (30) days after written notice of such breach remains uncured at has been given to the expiration of such periodbreaching Party, or (ii) if immediately upon the other party becomes insolvency of or the subject filing of a petition of bankruptcy by a Party, (iii) by a Party in bankruptcy the event that a Force Majeure Event prevents the other Party from performing its obligations hereunder for a period of twenty (20) days or more, and (iv) in accordance with any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit provisions of creditorsthis Agreement expressly addressing termination.
Appears in 2 contracts
Samples: Digital Media and Technology Agreement, Digital Media and Technology Agreement (Neulion, Inc.)
Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured unremedied at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding proceedings relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 days written notice of a material breach to the other party of a material breach if such breach remains uncured at the expiration of such period, ; or (ii) if 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. Upon any termination for cause by You, We shall refund You any prepaid fees for the remainder of the subscription term after the date of termination.
Appears in 2 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement