Termination; Non-Renewal Sample Clauses
Termination; Non-Renewal. This Agreement may be terminated prior to the expiration of the Term set forth in Section 1 upon the occurrence of any of the events set forth in, and subject to the terms of, this Section 7.
Termination; Non-Renewal. A party may terminate these Terms of Service and all outstanding and effective Order Forms if the other party breaches any material term of these Terms of Service and fails to cure such breach within the 30 days following the date of written notice identifying such breach. If the non-breaching party fails to terminate within a reasonable period following such 30-day period, then it will be deemed to have waived its termination right with respect to such uncured breach. Customer will only receive one such cure period per calendar year for a breach based on a past due amount, and such cure must include payment for any accrued interest. If Limelight exercises its termination right for any reason, it will immediately cease to provide Services, and all amounts outstanding under the Order Form(s), including all committed Fees for the remainder of the then-current Initial Term or Renewal Term, as applicable, will become immediately due and payable as of the date of termination. Within the 30 days following termination for any reason or non-renewal by either party, Customer must, at its own expense, remove Content related to the terminated or non-renewed Order Form (“Ineligible Content”) from Limelight's network, by using file transfer methods then-available to Customer for the terminated Services. AFTER SUCH 30-DAY PERIOD, LIMELIGHT WILL DELETE OR OTHERWISE REMOVE ALL INELIGIBLE CONTENT, AND CUSTOMER WILL THEREAFTER HAVE NO RIGHT OR ABILITY TO RETRIEVE SUCH CONTENT AND LIMELIGHT WILL HAVE NO RESPONSIBILITY OR LIABILITY ASSOCIATED WITH SUCH CONTENT. CUSTOMER WILL BE RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH LIMELIGHT’S REMOVAL OF INELIGIBLE CONTENT.
Termination; Non-Renewal. (a) The Company may terminate this Agreement without liability (other than for the base salary provided in paragraph 4(a) accrued to the date of termination) in the event of (i) a material breach by Employee of the provisions of this Agreement, which breach shall not have been cured by Employee within one hundred twenty (120) days following notice thereof by the Company to Employee, (ii) the commission of gross negligence or bad faith by Employee in the course of his employment hereunder, which commission has a material adverse effect on the Company, (iii) the commission by Employee of a criminal act of fraud, theft or dishonesty causing material damages to the Company or any of its subsidiaries, (iv) the conviction of Employee of (or plead nolo contendere to) any felony, or misdemeanor involving moral turpitude if such misdemeanor results in material financial harm to or materially adversely affects the goodwill of the Company, or (v) any violation by Employee of the Company's Code of Business Conduct and Ethics or the Company's sexual harassment and other forms of harassment policy or drug and alcohol abuse policy, as set forth in the Company's employee handbook.
(b) Unless the Employee is terminated for cause pursuant to Section 9(a) above on or prior to the Expiration Date, in the event that the Company does not offer employee to enter into a written employment agreement with terms and conditions no less favorable than substantially the same terms and conditions as this Agreement to begin immediately following the Expiration Date, Employee shall receive, in consideration of his continuing obligations under Section 8 hereof, payment of base salary, based on the then applicable salary level, for a period of twelve (12) months from the date of the expiration of the Employment Period. Employee's right to any payments pursuant to this Section 9(b) shall be in addition to, and not in lieu of, any damages for the termination by the Company of this Agreement prior to the Expiration Date for any reason other than those set forth in Section 9(a) above.
(c) After a Change in Control (as hereinafter defined) has occurred, Employee may terminate his employment upon thirty (30) days' written notice to the Company within one hundred and eighty (180) days following such a Change in Control and after he has obtained actual knowledge of the occurrence of any of the following events:
(i) Failure to elect or appoint, or re-elect or re-appoint, Employee to, or removal of E...
Termination; Non-Renewal. This Agreement may be terminated as to an individual party only by written notice of non-renewal by the terminating party to the other parties hereto delivered at least one hundred twenty (120) days prior to the expiration of the Initial Term or any Renewal Term. This entire Agreement may be terminated by (a) written notice of non-renewal by the Transfer Agent delivered to the Funds, CSSI and CDI or (b) written notice of non-renewal by CDI, CSSI and at least the majority of Funds serviced by the Transfer Agent at the time of such termination delivered to the Transfer Agent, in each of (a) and (b) delivered at least one hundred twenty days (120) days prior to the expiration of the Initial Term or any Renewal Term.
Termination; Non-Renewal. Either party may terminate this Agreement, without payment of penalty, if upon at least ninety (90) days prior to the end of applicable Term it gives the other party a written notice of non-renewal and termination, with such termination coinciding at the end of the applicable Term.
Termination; Non-Renewal. (a) The Company may terminate this Agreement without liability (other than for the base salary and any other compensation provided in paragraph 4 accrued to the date of termination) in the event of (i) a material breach by Employee of the provisions of this Agreement, which breach shall not have been cured by Employee within thirty (30) days following notice thereof by the Company to Employee, (ii) the commission of gross negligence or bad faith (i.e., an act involving actual or constructive fraud, or a design to mislead or deceive another, or the conscious doing of a wrong because of dishonest purpose or motivated by ill will) by Employee in the course of his employment hereunder, which commission has a material adverse effect on the Company, (iii) the commission by Employee of a criminal act of fraud, theft or dishonesty causing material damages to the Company or any of its subsidiaries, (iv) the conviction of Employee of (or plead nolo contendere to) any felony, or misdemeanor involving moral turpitude if such misdemeanor results in material financial harm to or materially adversely affects the goodwill of the Company, or (v) any violation by Employee of the Company’s Code of Business Conduct and Ethics or the Company’s sexual harassment and other forms of harassment policy or drug and alcohol abuse policy, as set forth in the Company’s employee handbook. The circumstances specified in (i) through (v) above shall be defined as “Cause.”
(b) Unless the Employee is terminated for Cause pursuant to Section 9(a) above on or prior to the Expiration Date, and other than in the circumstances described in Section 9(d), in the event that the Company does not offer Employee to enter into a written employment agreement with terms and conditions no less favorable than substantially the same terms and conditions as this Agreement to begin immediately following the Expiration Date, Employee shall receive, in consideration of his continuing obligations under Section 8 hereof, payment of base salary, based on the then applicable salary level, for a period of twelve (12) months, commencing seven months following the date of expiration of the Employment Period. Employee’s right to any payments pursuant to this Section 9(b) shall be in addition to, and not in lieu of, any damages for the termination by the Company of this Agreement prior to the Expiration Date for any reason other than those set forth in Section 9(a) above.
(c) After a Change in Control (as hereinafter def...
Termination; Non-Renewal. All obligations, if any, of the Agent and/or the Banks to issue Letters of Credit terminated effective as of December 13, 1994. The Borrowers hereby acknowledge that the Agent and the Banks had no obligation to renew or extend those Letters of Credit expiring on or after December 13, 1994.
(l) Section 2.12 of the Original Loan Agreement was amended previously by adding new subsection (D) as follows:
Termination; Non-Renewal. Management may terminate or refuse to renew the Lease or file an eviction action for the following reasons:
Termination; Non-Renewal. This Agreement and Executive’s employment may be terminated in any one of the following ways
Termination; Non-Renewal. Either party may terminate this Agreement: (a) by providing written notice to the other party sixty (60) days prior to the expiration of the term, (b) in the event of a material breach by the other party if such breach is not cured (if curable) within thirty (30) days following written notice of such breach from the non- breaching party or (c) if either party files a petition in bankruptcy or fails to discharge within thirty (30) days any petition in bankruptcy filed against it, the other party may terminate this Agreement. Additionally, Customer may terminate this Agreement prior to the commencement of the fourth quarter of the then current Agreement year upon thirty (30) days written notice to Company; provided that at the time Customer gives such notice of termination, Customer pays Company, in addition to any outstanding amounts due hereunder, the license fee(s) payable hereunder for the remaining Term discounted at six percent (6%). The Term shall automatically renew for successive one year periods on each anniversary of the Activation Date unless either party provides written notice to the other at least sixty (60) days prior to the end of the then current one-year period.