Common use of Termination of the Service Clause in Contracts

Termination of the Service. 16.1 Upon nonpayment of any sum due BANM, or upon a violation by Customer of any of the provisions of this Agreement, BANM may give Customer written notice of such nonpayment and/or violation. If Customer fails to rectify the nonpayment or the violation within thirty (30) days of being given such written notice, then BANM may immediately, without incurring any liability, temporarily discontinue or interrupt the furnishing of the Service to Customer. 16.2 Should Customer or its Authorized User's MES's be used with the Service provided by BANM in violation of any of the provisions of this Agreement, BANM may, immediately upon written notice to Customer, without incurring any liability, take such action as it may reasonably determine is necessary or appropriate for the provision of the Service to its customers. Customer shall effect the discontinuance of any use of MES that is in violation of this Agreement immediately upon notice to it of the violation, and shall confirm in writing to BANM within five (5) business days that such use has been discontinued. BANM may, in sole discretion, choose to restore service to the MES in question when Customer has complied with the provisions of this Section 17.2.

Appears in 2 contracts

Samples: Service Agreement (U S Wireless Data Inc), Airbridge Packet Service Agreement (U S Wireless Data Inc)

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Termination of the Service. 16.1 Upon nonpayment of any sum due BANM, or upon a violation by Customer of any of the provisions of this Agreement, BANM may give Customer written notice of such nonpayment and/or violation. If Customer fails to rectify the nonpayment or the violation within thirty (30) days of being given such written notice, then BANM may immediately, without incurring any liability, temporarily discontinue or interrupt the furnishing of the Service to Customer. 16.2 Should Customer or its Authorized User's MES's be used with the Service provided by BANM in violation of any of the provisions of this Agreement, BANM may, immediately upon written notice to Customer, without ------------------------------- incurring any liability, take such action as it may reasonably determine is necessary or appropriate for the provision of the Service to its customersCustomers. Customer shall effect the discontinuance of any use of MES that is in violation of this Agreement immediately upon notice to it of the violation, and shall confirm in writing to BANM within five (5) business days that such use has been discontinued. BANM may, in sole discretion, choose to restore service to the MES in question when Customer has complied with the provisions of this Section 17.2.

Appears in 2 contracts

Samples: Service Agreement (Goamerica Inc), Service Agreement (Goamerica Inc)

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