Termination on Breach. Either party may terminate this Agreement if the other party materially breaches its obligations hereunder and such breach remains uncured for fifteen (15) days following notice to the breaching party of the breach or as otherwise provided in Section 10.
Termination on Breach. In the event of a material breach of this Agreement by either party where no other remedy is specified, the non-breaching party may terminate this Agreement by giving the breaching party written notice of the breach and the non-breaching party's intention to terminate. This Agreement shall automatically terminate sixty (60) days after such notice, unless the breaching party cures or is making substantial progress in curing the breach or default before the expiration of the sixty (60) day period.
Termination on Breach. In the event of a material breach of the Agreement by either party, the non- breaching party may terminate the Agreement or any Sales Order affected by the breach by giving the breaching party written notice of the breach and the non-breaching party’s intention to terminate. If the breach has not been cured within the period ending 30 days after the receipt of such notice by the breaching party, and if the non-breaching party provides written notice of termination to the breaching party (“Termination Notice”), then this Agreement or any such Sales Order will terminate within the time period specified in the Termination Notice. Notwithstanding the foregoing, the Customer’s failure to pay any overdue fees and expenses within 30 days of Komo notifying the Customer of the overdue payment will constitute a material breach of this Agreement. If the Customer has not cured a material breach within the applicable cure period, then Komo may, on not less than 5 business days’ prior written notice to the Customer, in its sole discretion, and without prejudice to its other rights following material breach and failure to cure, until such breach has been cured in full, suspend performance of some or all of Komo’s obligations to provide Services under this Agreement. If the Customer terminates this Agreement or any Sales Order for breach in accordance with this Section 8.2, then Komo will refund to the Customer a pro-rata amount of any affected Subscription Services fees prepaid to Komo and applicable to the unutilised portion of the Subscription Term for terminated Subscription Services, and any affected unutilised Professional Services fees prepaid to Komo.
Termination on Breach. Either Licensee or Saxonica may terminate this Agreement prior to its expiration by written notice to the other party if the other party breaches any material term or condition of this Agreement and such breach remains uncorrected for thirty (30) days following written notice of the breach.
Termination on Breach. Either party may terminate this Agreement, with notice and 30 days’ opportunity to cure. ZEISS may immediately terminate this Agreement if, in its sole discretion, Customer is in breach of any material provision of this Agreement.
Termination on Breach. In the event of a material breach of any of the obligations of any Party under this Agreement, the non- defaulting Parties may elect:
Termination on Breach. In the event of a material breach of the Agreement by either party, the non- breaching party may terminate the Agreement or any Sales Order affected by the breach by giving the breaching party written notice of the breach and the non-breaching party’s intention to terminate. If the breach has not been cured within the period ending 30 days after such notice, and if the non-breaching party provides written notice of termination to the breaching party (“Termination Notice”), then this Agreement or any such Sales Order will terminate within the time period specified in the Termination Notice. Notwithstanding the foregoing, (a) Customer’s failure to pay any overdue fees and expenses within 10 days of Mercero notifying Customer of the overdue payment, (b) Customer’s failure to provide a valid credit card within 10 days of Mercero’s request, or (c) Customer’s use of two or more Tenants in a manner that Mercero in its sole discretion determines is to avoid or reduce fees payable to Mercero, and which is not cured within 10 days of notification by Mercero, will each constitute a material breach of this Agreement; the default 30 day cure period described above is inapplicable to any breach under items (a), (b) or (c) above. If Customer has not cured a material breach within the applicable cure period (if any) then, without limiting Mercero’s rights to terminate as described above, Mercero may, on not less than 5 business days’ prior written notice to Customer, in its sole discretion, and without prejudice to its other rights following material breach and failure to cure, until such breach has been cured in full, do all or any of the following: (i) downgrade Customer to a “Free” Self- Service Plan); or (ii) suspend performance of some or all of Mercero’s obligations to provide Subscription Services under this Agreement. If Customer terminates this Agreement or any Sales Order for breach in accordance with this Section 8.2, then Mercero will refund to Customer a pro-rata amount of any affected Subscription Services fees prepaid to Mercero and applicable to the unutilized portion of the Subscription Term for terminated Subscription Services.
Termination on Breach. Clearspan may terminate a Work Order on seven (7) days prior written notice to the Owner if the Owner fails to furnish reasonable evidence that sufficient funds are available and committed for the entire cost of the Project for that Work Order in accordance with Section 4.1.3 of this Agreement or fails to pay Clearspan in accordance with the terms of that Work Order unless said evidence or payment is either provided or made within said seven (7) day period.
Termination on Breach. If the Agency is in breach of this Agreement, or if a Licensee or Home Child Care Agency should have their license suspended or revoked, the City may terminate this Agreement in whole or in part (including with respect to one or more Sites) immediately and without having to provide notice of same. The City shall give written notice to the Agency of the termination as soon as reasonably possible.
Termination on Breach. In the event of a material breach or default under this Agreement by either party, the non-breaching party may terminate the Evaluation Term immediately by giving the breaching party written notice of the breach or default and the non-breaching party's intention to terminate.
