TERMINATION OF MAINTENANCE. 14.1 SWCO may terminate maintenance for Software by giving Supplier thirty (30) days prior written notice.
14.2 Supplier may terminate maintenance for Software by providing one (1) year prior notice of its intent to terminate. In such event, Supplier shall furnish the latest version of Software object code, operating and design documentation, training material and any other necessary information to enable SWCO to maintain and enhance such Software or to contract with others for such work.
TERMINATION OF MAINTENANCE. If Customer discontinues receiving services under the Data Processing Services Agreement, then the PCTeller Maintenance Services shall also terminate on the date of such discontinuance; provided, however, Customer shall have the right to continue to use the PCTeller Software pursuant to the terms and conditions of this Agreement.
TERMINATION OF MAINTENANCE. Salespartner Maintenance Services shall remain in full force and effect unless terminated in accordance with the following provisions:
(i) The Customer may terminate Salespartner Maintenance Services by providing M&I with written notice of Customer's intent to terminate such services not less than sixty (60) days prior to the desired date of termination. Salespartner Maintenance Services shall then terminate at the end of the month in which the requested date of termination falls.
(ii) The Customer may request reinstatement of Salespartner Maintenance Services by notifying M&I of the Customer's desire to reinstate. M&I may consent to reinstatement, which consent shall not be unreasonably withheld, provided that Customer has paid to M&I the Salespartner monthly maintenance fee for all months in the intervening time between the month-ending date of termination and the first of the month of reinstatement, in which case Salespartner Maintenance Services shall again be and remain in full force and effect .
(iii) If the Customer fails to pay M&I the Salespartner monthly maintenance fee for two consecutive months or if Customer no longer utilizes the Service Bureau Software, M&I may terminate the Salespartner Maintenance Services. Termination of the Salespartner Maintenance Services by M&I shall not preclude any other legal remedy M&I may have against the Customer.
TERMINATION OF MAINTENANCE. 13.1 BAM may terminate maintenance for Software by giving Metawave thirty (30) days prior written notice.
13.2 Metawave may terminate maintenance for Software by providing one (1) year prior notice of its intent to terminate. In such event, Metawave shall furnish the latest version of Software object code, operating and design documentation, training material and any other necessary information to enable BAM to maintain and enhance such Software or to contract with others for such work.
TERMINATION OF MAINTENANCE. Either Party may terminate the maintenance of the Software upon thirty (30) days written notice to the other Party of a material breach by the other Party of its obligations set forth in this Exhibit B, if the breach is not cured within that thirty (30)-day period. If OPIE terminates maintenance as a result of Customer’s uncured breach, OPIE will retain all maintenance fees paid. Failure to pay for the Maintenance Services in a timely manner constitutes material breach. If Customer terminates maintenance as a result of OPIE’s uncured breach, OPIE’s sole and exclusive obligation will be to promptly refund that portion of the maintenance fee actually paid by Customer that is proportional to the percentage of the Maintenance Term remaining at the time termination is effective. The termination of maintenance shall not affect Customer’s licenses to the Software.
TERMINATION OF MAINTENANCE. Either party may terminate maintenance services under this Agreement as of the end of the initial term, or as of the end of any renewal term, by written notice to the other party at least sixty (60) days prior to the end of the then current term.
TERMINATION OF MAINTENANCE. 36 Unless otherwise provided by the supplier, either party may terminate Maintenance upon sixty (60) days 37 prior written notice. CONTRACTOR shall, however, only terminate Maintenance services in the event 34 of 3433 C:\USERS\XXXXXX XXXXX\DESKTOP\CERNER EHR\EHR FINAL K DOCS\CERNER-EHR-12-16-DD FINAL 9-11-12 (REDLINE).DOCX CER02ADMKK13 HCA ASR 12-000930 Page 34 of 310 1 that;
2 1. COUNTY fails to pay invoices for Maintenance and fails to cure such failure within thirty 3 (30) days of written notice thereof, or
4 2. CONTRACTOR’s Third Party Maintenance Suppliers refuse to provide Maintenance to 5 COUNTY due to COUNTY’s failure to maintain a specified environment. Such termination of 6 Maintenance shall be effective upon the renewal date. All unpaid charges under this Paragraph shall 7 become immediately due and payable upon such termination.
TERMINATION OF MAINTENANCE. ExecuVision Maintenance Services shall remain in full force and effect unless terminated in accordance with the following provisions:
(i) The Customer may terminate ExecuVision Maintenance Services by providing M&I with written notice of Customer's intent to terminate such services not less than sixty (60) days prior to the desired date of termination. ExecuVision Maintenance Services shall then terminate at the end of the month in which the requested date of termination falls.
(ii) The Customer may request reinstatement of ExecuVision Maintenance Services by notifying M&I of the Customer's desire to reinstate. M&I may consent to reinstatement, which consent shall not be unreasonably withheld, provided that Customer has paid to M&I the ExecuVision monthly maintenance fee for all months in the intervening time between the month-ending date of termination and the first of the month of reinstatement, in which case ExecuVision Maintenance Services shall again be and remain in full force and effect .
(iii) If the Customer fails to pay M&I the ExecuVision monthly maintenance fee for two consecutive months or if Customer no longer utilizes the Service Bureau Software, M&I may terminate the ExecuVision Maintenance Services. Termination of the ExecuVision Maintenance Services by M&I shall not preclude any other legal remedy M&I may have against the Customer.
TERMINATION OF MAINTENANCE. If, after using the escalation processes above, Licensee remains unsatisfied with Licensor’s provision of Maintenance and Support Services for the Software, Licensee may, at its option, terminate Maintenance upon thirty (30) days’ written notice to Licensor. As Licensee’s sole and exclusive remedy, and Licensor’s sole and exclusive liability and obligation, for such termination, Licensor shall promptly refund to Licensee a pro rata portion of the prepaid Maintenance and Support Fees attributable to the remainder of the then-current Maintenance Period following the effective date of termination. Without limiting the generality of the preceding sentence and for the avoidance of doubt, such termination by Licensee can be deemed an event giving Licensee the right to receive source code or other escrow materials if the parties have signed a Source Code Escrow Agreement.
TERMINATION OF MAINTENANCE. UPS shall have the right to terminate the maintenance provisions of this Agreement, without affecting its Licenses to the Software granted under Section 5 hereof, at any time in the event of a breach by Tumbleweed of any of its maintenance obligations hereunder if Tumbleweed shall fail to cure such breach within thirty (30) calendar days of receipt of written notice thereof. Except as expressly provided for in Section 9(e) above, any termination of the maintenance provisions of this Agreement by UPS shall be in addition to any and all other legal or equitable remedies which may be available to UPS. In the event that UPS has terminated the maintenance provisions of this Agreement, and subsequently desires maintenance services, Tumbleweed shall have the right to require that UPS first pay all maintenance fees which would have been otherwise due during the interim and upgrade the Software to the currently supported versions of the Software.
