Common use of Termination or Expiration Charges Clause in Contracts

Termination or Expiration Charges. Upon termination or expiration of this Agreement, Participant shall cease any and all access, receipt and use of the Service and all Information and Data. Participant shall immediately pay the following charges upon the termination or expiration of this Agreement, other than any amounts due hereunder which are the subject of a bona fide dispute between FINRA and Participant: (i) all amounts incurred by FINRA for installation of the Service that Participant has not previously paid to FINRA; (ii) all amounts incurred by FINRA for disconnection of the Service; and (iii) all other fees and charges due to FINRA under this Agreement. Participant acknowledges and agrees that the exercise by FINRA of the remedies set forth herein for failure of Participant to pay all fees, charges and taxes related to its access, receipt and use of the Service shall not be deemed or considered to be, and, to the extent permitted by applicable law, Participant waives any right to represent or assert that any such exercise constitutes, an act or omission or any improper denial or limitation of access to any service or facility operated by FINRA as contemplated in Section 11A of the Act or any other provision of such Act, or any rule or regulation adopted there under. The right of termination set forth herein is in addition to any other remedy at law or in equity that is available to one party with respect to a breach by the other.

Appears in 8 contracts

Samples: Finra Transparency Services Participation Agreement, Finra Transparency Services Participation Agreement, Finra Transparency Services Participation Agreement

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Termination or Expiration Charges. Upon termination or expiration of this Agreement, Participant shall cease any and all access, receipt and use of the Service and all Information and Data. Participant shall immediately pay the following charges upon the termination or expiration of this Agreement, other than any amounts due hereunder which are the subject of a bona fide dispute between FINRA NASD and Participant: (i) all amounts incurred by FINRA NASD for installation of the Service that Participant has not previously paid to FINRANASD; (ii) all amounts incurred by FINRA NASD for disconnection of the Service; and (iii) all other fees and charges due to FINRA NASD under this Agreement. Participant acknowledges and agrees that the exercise by FINRA NASD of the remedies set forth herein for failure of Participant to pay all fees, charges and taxes related to its access, receipt and use of the Service shall not be deemed or considered to be, and, to the extent permitted by applicable law, Participant waives any right to represent or assert that any such exercise constitutes, an act or omission or any improper denial or limitation of access to any service or facility operated by FINRA NASD as contemplated in Section 11A of the Act or any other provision of such Act, or any rule or regulation adopted there underthereunder. The right of termination set forth herein is in addition to any other remedy at law or in equity that is available to one party with respect to a breach by the other.

Appears in 2 contracts

Samples: Participation Agreement, Trace Participation Agreement

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