Common use of Termination on Breach Clause in Contracts

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. In the event of a material breach of the Agreement by either party, the non- 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 partynotice, 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 Fusebit 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 Fusebit 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 Fusebit'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 Fusebit will refund to the Customer a pro-rata amount of any affected Subscription Services fees prepaid to Komo Fusebit and applicable to the unutilised unutilized portion of the Subscription Term for terminated Subscription Services, and any affected unutilised unutilized Professional Services fees prepaid to KomoFusebit.

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 partynotice, 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. In the event of a material breach of the Agreement by either party, the non- 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 partynotice, 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 Five Quarters 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 Five Quarters 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 Five Quarters’ 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 Five Quarters will refund to the Customer a pro-rata amount of any affected Subscription Services fees prepaid to Komo Five Quarters and applicable to the unutilised unutilized portion of the Subscription Term for terminated Subscription Services, and any affected unutilised unutilized Professional Services fees prepaid to KomoFive Quarters.

Termination on Breach. In the event of a material breach of the Agreement by either party, the non- breaching party may terminate the Agreement (and, for the avoidance of doubt, the license granted by Xxxx to the Customer under Section 3.1) 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 unutilized portion of the Subscription Term for terminated Subscription Services, and any affected unutilised unutilized Professional Services fees prepaid to Komo.