Termination for Customer’s Breach Sample Clauses

Termination for Customer’s Breach insolvency or bankruptcy (a) the Customer (being a natural person) has become a bankrupt; (b) the Customer (being a corporation) becomes Insolvent; or (c) the Customer breaches a provision of this Agreement and has not remedied that breach within a reasonable period, having regard to the nature of the breach, after service of notice of the breach from the Scheme Owner of its intention to terminate, (each an Event of Default).
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Termination for Customer’s Breach. In the event that the Customer is in material breach of the terms of this SaaS Agreement, and the Customer has not remedied within seven (7) days following receipt of written notice, POS ONE may, at its discre- tion, suspend or terminate the Service to the Customer. Defaults in payments due to POS ONE shall be deemed a material breach of Customer, even if caused by the default of a Reseller to pro- cess payments for Customer’s Subscription or other Customer related payments. Notwithstanding the notice procedure above, in the event of Subscrip- tion payment has not been received by POS ONE within thirty (30) days following due date and such payment is not the subject of a rea- sonably based written dispute, POS ONE shall have the right, at its sole option, to suspend Customer’s access to the Service until payment is made, or to terminate the Subscription and the SaaS Agreement. Suspension or termination will not relieve the Customer of its payment obligation. POS ONE will provide ten (10) calendar days written no- xxxx to the Customer Contact and its Reseller prior to suspension of access to the Service or termination of the Subscription pursuant to this section. POS ONE has the right to invoice a fee of EUR 100 for each payment notice, and if the Service has been suspended or terminated, POS ONE may, at its option, against an additional set-up fee of EUR 150, rein- state access to the Service following receipt of all payments due, in- cluding reminder fees, and accrued costs of debt collection and inter- ests. Notwithstanding the above, POS ONE may at its discretion suspend or terminate the Service immediately, without notice, in case of the Customer’s misuse of the Service and POSONE365, including for un- lawful acts or omissions, or misappropriation or infringement of the rights of POS ONE or third parties. The terms in Section 17 on termi- nation, including deletion of Customer’s Data, shall apply. POS ONE shall be entitled to claim damages in accordance with the general prin- ciples of Danish laws.
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Termination for Customer’s Breach. If the Agreement is terminated for Customer’s breach then: (i) the License Term, and all other rights and licenses granted by a party under this Agreement and the Services will cease immediately; and (ii) upon request, each party will promptly return all Confidential Information of the other party; and (iii) all payments owed by Customer to XXXX are immediately due.
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Termination for Customer’s Breach. If the Agreement is terminated for Customer’s breach, then: (i) the License Term, and all other rights and licenses granted by one party to the other, or any services provided by Google to Customer, will cease immediately; (ii) upon request, each party will promptly return or destroy all Confidential Information of the other party; and (iii) all payments owed by Customer to Google will become immediately due.
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Termination for Customer’s Breach. 12.1. Without limiting the generality of any other clause in the Terms of Trade, XXXXXXXX SURVEYS may terminate this Terms of Trade immediately by notice in writing if: (a) any payment due from the Customer to XXXXXXXX SURVEYS pursuant to this Agreement remains unpaid for a period of 14 days; or (b) the Customer breaches any clause of this Agreement and such breach is not remedied within 7 days of written notice by XXXXXXXX SURVEYS. 12.2. Notwithstanding the preceding clause XXXXXXXX SURVEYS may terminate this Agreement immediately on notice in writing to the Customer if: (a) the Customer becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration; (b) the Customer, being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving; (c) the Customer, being a natural person, dies; or (d)the Customer ceases or threatens to cease conducting its business in the normal manner. 12.3. If notice is given to the Customer pursuant to the preceding clauses, XXXXXXXX SURVEYS may, in addition to terminating the Agreement: (a) claim liquidated damages equivalent to the Contract Price; (b) retake possession of all property (including reports, passwords and access codes) of XXXXXXXX SURVEYS in the possession of the Customer; and (c) pursue any additional or alternative remedies provided by law.
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Termination for Customer’s Breach. In the event of termination of this agreement due to a material breach or default committed by the Customer,
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Termination for Customer’s Breach. In the event of termination of this agreement due to a material breach or default committed by the Customer, (i) the assignment of rights to the Customer in this agreement will terminate, and (ii) the Customer shall immediately stop using the Software and destroy or erase all copies in its possession or control.
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Termination for Customer’s Breach. 12.1. Without limiting the generality of any other clause in the Sale Contract, PTE may terminate this Sale Contract immediately by notice in writing if: (a) any payment due from the Customer to PTE pursuant to this Sale Contract remains unpaid for a period of 14 days; or (b) the Customer breaches any clause of this Sale Contract and such breach is not remedied within 7 days of written notice by PTE. 12.2. Notwithstanding the preceding clause PTE may terminate this Sale Contract immediately on notice in writing to the Customer if: (a) the Customer becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration; (b) the Customer, being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving; (c) the Customer, being a natural person, dies; or (d) the Customer ceases or threatens to cease conducting its business in the normal manner. 12.3. If notice is given to the Customer pursuant to the preceding clauses, PTE may, in addition to terminating the Sale Contract: (a) claim liquidated damages equivalent to the Contract Price; (b) retake possession of all property of PTE and Goods in the possession of the Customer; and (c) pursue any additional or alternative remedies provided by law.
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Termination for Customer’s Breach. If the Agreement is terminated for Customer’s breach then: (i) the License Term, and all other rights and licenses granted by one party to the other and the Services will cease immediately; (ii) upon request, each party will promptly return all Confidential Information of the other party; and (iii) all payments owed by Customer to Google are immediately due.
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Related to Termination for Customer’s Breach

  • Termination for Material Breach Either Party (the “Terminating Party”) may terminate this Agreement in its entirety, or on a country-by-country and Product-by-Product basis, in the event the other Party (the “Breaching Party”) has materially breached this Agreement, and such material breach has not been cured within sixty (60) days after receipt of written notice of such breach by the Breaching Party from the Terminating Party (the “Cure Period”). The written notice describing the alleged material breach shall provide sufficient detail to put the Breaching Party on notice of such material breach. Any termination of this Agreement pursuant to this Section 10.3 shall become effective at the end of the Cure Period, unless the Breaching Party has cured any such material breach prior to the expiration of such Cure Period; provided that in the event a claim of material breach is being contested diligently and in good faith by appropriate proceedings hereunder, any termination pursuant to this Section shall not become effective unless and until such material breach has been established in such proceedings and, in the event that, following such establishment, a cure may then be accomplished by the payment of money or the taking of certain actions, such payment or actions are not paid or taken within sixty (60) days of the conclusion of such proceedings. The right of either Party to terminate this Agreement as provided in this Section 10.3 shall not be affected in any way by such Party’s waiver of or failure to take action with respect to any previous breach under this Agreement.

  • Termination for continuing Force Majeure Event Either Party may, by written notice to the other, terminate this Framework Agreement if a Force Majeure Event endures for a continuous period of more than one hundred and twenty (120) Working Days.

  • TERMINATION BY MPS - BREACH BY CONTRACTOR If Contractor fails to fulfill its obligations under this Contract in a timely or proper manner, or violates any of its provisions, MPS shall thereupon have the right to terminate it by giving five (5) days written notice before the effective date of termination of the Contract, specifying the alleged violations, and effective date of termination. The Contract shall not be terminated if, upon receipt of the notice, Contractor promptly cures the alleged violation with five (5) days. In the event of termination, MPS will only be liable for services rendered through the date of termination and not for the uncompleted portion, or for any materials or services purchased or paid for by Contractor for use in completing the Contract.

  • Termination for Force Majeure 15.5.1. The License Agreement may be terminated for Force Majeure Reasons as specified in Article -14.

  • TERMINATION FOR CAUSE BY CONTRACTOR 4.06.1 Contractor may terminate its performance under this Agreement only if the City defaults and fails to cure the default after receiving written notice of it. Default by the City occurs if the City fails to perform one or more of its material duties under this Agreement. If a default occurs and Contractor wishes to terminate the Agreement, then Contractor must deliver a written notice to the Director describing the default and the proposed termination date. The date must be at least 30 days after the Director receives the notice. Contractor, at its sole option, may extend the proposed termination date to a later date. If the City cures the default before the proposed termination date, then the proposed termination is ineffective. If the City does not cure the default before the proposed termination date, then Contractor may terminate its performance under this Agreement on the termination date

  • CFR PART 200 Termination Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded vendor. The vendor would be compensated for work performed and goods procured as of the termination date if for convenience of the ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive and the ESC Region 8 and TIPS reserves the right to purchase goods and services from other vendors when it is in the best interest of the ESC Region 8 and TIPS. Does vendor agree? Yes

  • Providing Notice of Breaches 8.1 If Covered Entity determines that an impermissible acquisition, access, use or disclosure of PHI for which one of Business Associate’s employees or agents was responsible constitutes a Breach as defined in 45 CFR § 164.402, and if requested by Covered Entity, Business Associate shall provide notice to the individual(s) whose PHI has been the subject of the Breach. When requested to provide notice, Business Associate shall consult with Covered Entity about the timeliness, content and method of notice, and shall receive Covered Entity’s approval concerning these elements. The cost of notice and related remedies shall be borne by Business Associate. 8.2 If Covered Entity or Business Associate determines that an impermissible acquisition, access, use or disclosure of PHI by a Subcontractor of Business Associate constitutes a Breach as defined in 45 CFR § 164.402, and if requested by Covered Entity or Business Associate, Subcontractor shall provide notice to the individual(s) whose PHI has been the subject of the Breach. When Covered Entity requests that Business Associate or its Subcontractor provide notice, Business Associate shall either 1) consult with Covered Entity about the specifics of the notice as set forth in section 8.1, above, or 2) require, by contract, its Subcontractor to consult with Covered Entity about the specifics of the notice as set forth in section 8.1 8.3 The notice to affected individuals shall be provided as soon as reasonably possible and in no case later than 60 calendar days after Business Associate reported the Breach to Covered Entity. 8.4 The notice to affected individuals shall be written in plain language and shall include, to the extent possible, 1) a brief description of what happened, 2) a description of the types of Unsecured PHI that were involved in the Breach, 3) any steps individuals can take to protect themselves from potential harm resulting from the Breach, 4) a brief description of what the Business Associate is doing to investigate the Breach, to mitigate harm to individuals and to protect against further Breaches, and 5) contact procedures for individuals to ask questions or obtain additional information, as set forth in 45 CFR § 164.404(c). 8.5 Business Associate shall notify individuals of Breaches as specified in 45 CFR § 164.404(d) (methods of individual notice). In addition, when a Breach involves more than 500 residents of Vermont, Business Associate shall, if requested by Covered Entity, notify prominent media outlets serving Vermont, following the requirements set forth in 45 CFR § 164.406.

  • BREACH; TERMINATION Customer/Project Sponsor may terminate this Agreement at any time in its sole discretion by providing notice to the Company not less than one hundred and eighty (180) days before such termination. In the event of breach of any material terms or conditions of this Agreement, if the breach has not been remedied within 30 days following receipt of written notice thereof from the other Party (provided that, if the breaching Party has commenced and is diligently pursuing efforts to cure such breach, then such 30-day period shall be extended until the earlier of (i) 30 additional days or (ii) end of diligent efforts to cure the breach), then the non-breaching party may terminate this Agreement by written notice at any time until cure of such breach occurs. In the event of any proceedings by or against either Party in bankruptcy, insolvency or for appointment of any receiver or trustee or any general assignment for the benefit of creditors (excluding, for the avoidance of doubt, an assignment in accordance with Article XI or other collateral assignment to obtain project financing), the other Party may terminate this Agreement. If the Customer/Project Sponsor increases the capability or the capacity of the Facility to exceed 4.999 MW, this Agreement shall immediately terminate. The Company shall not be liable to the Customer/Project Sponsor for damages resulting from a termination pursuant to this paragraph. If the Customer/Project Sponsor's generating equipment produces zero (0) kilowatt- hours during any period of twelve (12) consecutive Billing Periods after the Commercial Operation Date [Effective Date for existing resources] for a reason other than a force majeure event, the Company may terminate this Agreement.

  • TERMINATION AND BREACH This License Agreement shall be terminated: a) in the event of any affirmative act of insolvency by MARKETING; or b) upon the appointment of any receiver or trustee to take possession of the properties of MARKETING. REALTY shall have the right to terminate this License Agreement either a) upon a material default by MARKETING under the Master Lease which is not cured within the cure periods specified therein; or b) upon a material default by MARKETING with respect to its obligations under the Reorganization and Distribution Agreement between the parties of even date which is not Rcured within the cure periods specified therein. In the event of any other breach or threatened breach of this License Agreement, notice shall be given and the parties shall promptly consult in good faith to cure such breach, with the party at fault being given an adequate period of time to remedy the matter. If such breach is not cured within sixty (60) days of the notice, the matter may be submitted to arbitration in accordance with paragraph 16 below, which may include a determination whether a material breach has occurred and/or been cured. In the event the arbitrator determines that a material breach has occurred, the arbitrator shall not be authorized to terminate this License Agreement (except in the case of a material breach by MARKETING which creates a substantial likelihood of loss of rights in the Licensed Marks) but shall be authorized to issue any other order or award any other relief deemed appropriate, including, without limitation, injunctive relief. In the event of a material breach by MARKETING which creates a substantial likelihood of loss of rights in the Licensed Marks, the arbitrator shall be authorized to issue any order awarding any relief deemed appropriate, including, without limitation, injunctive relief, and further providing that in the event MARKETING fails to comply with the relief ordered within a specified period of time, the license shall be terminated.

  • Termination for Catastrophe In event of Catastrophic Damage, this contract may be modified un- der B8.32, following rate redetermination under B3.32, or terminated under this Subsection. Such termination shall not be considered a termination under B8.34.

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