Termination of Agreement Prior to Expiration of Term. This Agreement may also be terminated prior to the expiration of a term by:
Termination of Agreement Prior to Expiration of Term. 7.01. This Agreement shall be terminable by either parry upon thirty (30) days' prior written notice (hereinafter "Termination Without Cause"). If Mpower terminates this Agreement pursuant to this section , Mpower shall pay Agent earned commissions for the lesser of (a) the remaining term of the Agent's customer contracts in existence on the date Mpower gives notice of termination; or (b) two (2) years. Agent's commissions shall be calculated each month pursuant to the commission table in section A.02 of Exhibit A based upon Agent's monthly revenue level for the then-current revenue month. If Agent terminates this Agreement for any reason, Agent shall forfeit any unpaid commissions after the date of termination. 7.02. Mpower may terminate this Agreement and Agent will forfeit any unpaid commissions upon the occurrence of any of the following (hereinafter "Termination for Cause"): a. For breach by Agent of any provision of this Agreement (including suspension of business, any act amounting to business failure, institution of receivership or liquidation proceedings, substantial change in ownership) provided that written notice of breach has been given to Agent and such breach has not been cured within thirty (30) days after delivery of such notice; b. Immediately upon notice and without cure period by Mpower in the event Mpower discovers any improper marketing activity by Agent, including, but not limited to, disparaging or slandering the Services of Mpower, moving or attempting to move Mpower customers to providers of services similar to the Services covered hereunder, or slamming; c. Immediately upon notice and without cure period for unethical conduct by Agent including, but not limited to, offering or providing to any employee any financial or other incentive for the purpose of obtaining customer leads or other information which is deemed to be beneficial to the Agent; d. Immediately upon notice and without cure period if use of the Mpower Services by Agent is for any purpose which is illegal or if Agent uses the Mpower Services to send any message which is illegal, threatening or harassing, including but not limited to, the transmission of unsolicited messages, or messages which infringe any third party's proprietary right; e. Immediately upon notice and without cure period in the event in Mpower's sole discretion, Agent commits repeated breaches of this Agreement or otherwise demonstrates a pattern of deviating from professional standards with regard t...
