Termination or Suspension for Breach Sample Clauses

Termination or Suspension for Breach. DataStax may suspend or terminate this Agreement, Customer’s account and/or Customer’s access to the Cloud Services, Console,
Sample 1
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Termination or Suspension for Breach. Either party may terminate this Agreement upon written notice to the other party if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days of receipt of written notice describing the breach in reasonable detail. Non-payment by Subscriber of any amount due hereunder that has not been cured by the date that is ten (10) business days past the due date therefor shall be deemed to constitute a material breach. “Business day” refers to any day other than a weekend, holiday or other day on which banking institutions in New York City are authorized or obligated by law or executive order to close. Higher Logic may elect to immediately suspend the Software Services during the pendency of any material breach; provided that any such suspension shall not constitute a waiver of Higher Logic’s right to terminate the Software Services or Order Form in accordance with the terms hereof.
Sample 1
Termination or Suspension for Breach. Either party may terminate an Order Form, a Statement of Work or this Agreement upon written notice to the other party if the other party materially breaches the Order Form, Statement of Work or this Agreement and fails to cure such breach within thirty (30) days of receipt of written notice describing the breach in reasonable detail. Non-payment by Subscriber of any amount due under an Order Form or Statement Work that has not been cured by the date that is ten (10) business days past the due date therefor shall be deemed to constitute a material breach. “business day” refers to any day other than a weekend, holiday or other day on which banking institutions in New York City are authorized or obligated by law or executive order to close. Higher Logic may elect to immediately suspend the Software Services during the pendency of any material breach; provided that any such suspension shall not constitute a waiver of Higher Logic’s right to terminate an Order Form, Statement of Work or this Agreement for material breach in accordance with the terms hereof.
Sample 1
Termination or Suspension for Breach. Notwithstanding the provisions of Section 11.01 hereof, in the event Contractor commits a breach of any term of this Agreement, Carrier shall have the right immediately to terminate or indefinitely suspend this Agreement by verbal or written notice to Contractor. Such suspension is effective notwithstanding the failure of Contractor to remove any signs, placards, licenses or permits from the Equipment as required hereunder.
Sample 1
Termination or Suspension for Breach. If You are a Member and you fail to perform any material obligation under this Agreement or another contract with Ariba (either being a breach), and You do not cure such breach within thirty (30) calendar days after receipt of notice of such breach, Ariba may terminate this Agreement or suspend Your Use of the Discovery Site and/or Optional Services. Ariba may terminate the Agreement immediately upon Your being the subject of a bankruptcy proceeding, insolvency, liquidation or similar proceedings. In case of termination or suspension under this paragraph, if You have prepaid Membership Fees or Optional Service fees, Ariba's only liability to You will be to refund a pro-rata portion of the fees based on the period of time remaining on Your prepaid Membership . If You use the Discovery Site or an Optional Service for illegal, f raudulent or abusive purpose, such use may be referred to law enforcement authorities without notice to You. If Ariba suspends Your Use of the Discovery Site or terminates this Agreement, Ariba may communicate such suspension or termination, and the reason therefore, to the companies with which You have transacted, in order for such companies to be informed that further attempts to transact with You via the Discovery Site are not possible until Your account is reactivated.
Sample 1
Termination or Suspension for Breach. If You are a Member and you fail to perform any material obligation under this Agreement or another contract with Vizibl (either being a breach), and You do not cure such breach within thirty (30) calendar days after receipt of notice of such breach, Vizibl may terminate this Agreement or suspend Your Use of the Vizibl platform and/or Optional Services. Vizibl may terminate the Agreement immediately (i) upon Your being the subject of a bankruptcy proceeding, insolvency, liquidation or similar proceedings, or (ii) to comply with laws applicable to Vizibl for lawful operation of the Vizibl platform. In case of termination or suspension under this paragraph, if You have prepaid Membership Fees or Optional Service fees, Vizibl’s only liability to You will be to refund a pro-rata portion of the fees based on the period of time remaining on Your prepaid Membership. If You use the Vizibl platform or an Optional Service for illegal, fraudulent or abusive purpose, such use may be referred to law enforcement authorities without notice to You. If Vizibl suspends Your Use of the Vizibl platform or terminates this Agreement, Vizibl may communicate such suspension or termination, and the reason therefore, to the companies with which You have transacted, in order for such companies to be informed that further attempts to transact with You via the Vizibl platform are not possible until Your account is reactivated.
Sample 1
Termination or Suspension for Breach. Either party may terminate an Order Form or this Agreement upon written notice to the other party if the other party materially breaches the Order Form or this Agreement and fails to cure such breach within thirty (30) days of receipt of written notice describing the breach in reasonable detail. Non-payment by Subscriber of any amount due under an Order Form that has not been disputed by Subscriber pursuant to Section 3.2 or cured by the date that is fifteen (15) business days past the due date therefor shall be deemed to constitute a material breach. Higher Logic may elect to immediately suspend the Software Services during the pendency of any material breach; provided that any such suspension shall not constitute a waiver of Higher Logic’s right to terminate an Order Form or this Agreement for material breach in accordance with the terms hereof.
Sample 1
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Related to Termination or Suspension for Breach

  • TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days’ written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect’s termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees:

  • Termination for Breach Either Party may terminate this Agreement if the other Party materially breaches this Agreement and fails to cure such breach within thirty (30) days of receipt of prior written notice from such Party thereof.

  • TEN TERMINATION OR SUSPENSION CONTRACTOR shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONTRACTOR or by any of CONTRACTOR's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONTRACTOR seven (7) calendar day’s written notice.

  • Service Termination, Cancellation, or Suspension If you wish to cancel the Service, you may contact us as set forth in Section 6 of the General Terms above. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.

  • No Termination Event There shall not have occurred any event that would permit the Agent to terminate this Agreement pursuant to Section 12(a).

  • Contract Renegotiation, Suspension, or Termination Due to Change in Funding If the funds DSHS relied upon to establish this Contract or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, after the effective date of this contract but prior to the normal completion of this Contract or Program Agreement: a. At DSHS’s discretion, the Contract or Program Agreement may be renegotiated under the revised funding conditions. b. At DSHS’s discretion, DSHS may give notice to Contractor to suspend performance when DSHS determines that there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Contractor’s performance to be resumed prior to the normal completion date of this contract. (1) During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance. (2) When DSHS determines that the funding insufficiency is resolved, it will give Contractor written notice to resume performance. Upon the receipt of this notice, Contractor will provide written notice to DSHS informing DSHS whether it can resume performance and, if so, the date of resumption. For purposes of this subsubsection, “written notice” may include email. (3) If the Contractor’s proposed resumption date is not acceptable to DSHS and an acceptable date cannot be negotiated, DSHS may terminate the contract by giving written notice to Contractor. The parties agree that the Contract will be terminated retroactive to the date of the notice of suspension. DSHS shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the retroactive date of termination. c. DSHS may immediately terminate this Contract by providing written notice to the Contractor. The termination shall be effective on the date specified in the termination notice. DSHS shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. No penalty shall accrue to DSHS in the event the termination option in this section is exercised.

  • Suspension or Termination In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Recipient materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Recipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Recipient to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety.

  • SUSPENSION & TERMINATION FOR DEFAULT Enterprise Services may suspend Contractor’s operations under this Master Contract immediately by written cure notice of any default. Suspension shall continue until the default is remedied to Enterprise Services’ reasonable satisfaction; Provided, however, that, if after thirty (30) days from such a suspension notice, Contractor remains in default, Enterprise Services may terminate Contractor’s rights under this Master Contract. All of Contractor’s obligations to Enterprise Services and Purchasers survive termination of Contractor’s rights under this Master Contract, until such obligations have been fulfilled.

  • Termination for Material Breach Either Party (the “Terminating Party”) may terminate this Agreement in its entirety, or on a country-by-country and Product-by-Product basis, in the event the other Party (the “Breaching Party”) has materially breached this Agreement, and such material breach has not been cured within sixty (60) days after receipt of written notice of such breach by the Breaching Party from the Terminating Party (the “Cure Period”). The written notice describing the alleged material breach shall provide sufficient detail to put the Breaching Party on notice of such material breach. Any termination of this Agreement pursuant to this Section 10.3 shall become effective at the end of the Cure Period, unless the Breaching Party has cured any such material breach prior to the expiration of such Cure Period; provided that in the event a claim of material breach is being contested diligently and in good faith by appropriate proceedings hereunder, any termination pursuant to this Section shall not become effective unless and until such material breach has been established in such proceedings and, in the event that, following such establishment, a cure may then be accomplished by the payment of money or the taking of certain actions, such payment or actions are not paid or taken within sixty (60) days of the conclusion of such proceedings. The right of either Party to terminate this Agreement as provided in this Section 10.3 shall not be affected in any way by such Party’s waiver of or failure to take action with respect to any previous breach under this Agreement.

  • Consequences of Expiration or Termination (a) Consequences of Termination of this Agreement with Respect to One or More Country(ies) but Not in the Entire Territory. Upon early termination of this Agreement by Licensee pursuant to Section 12.3 (Termination by Licensee) or by Coherus pursuant to Section 12.5 (Termination for Material Breach) with respect to a country (but not all countries in a Territory): (i) the licenses granted to Licensee pursuant to Section 2.1 (License Grants) and Section 6.3 (Trademarks) with respect to the Product shall terminate in such terminated country, except as otherwise necessary to conduct the activities expressly set forth in Section 12.7(a)(ii); (ii) promptly after the effective date of such termination, Licensee shall commence winding down its Development and Commercialization activities for such country under the oversight of the JSC, and shall complete any and all such wind-down Development and Commercialization activities within three (3) months after the effective date of such termination; (iii) Licensee shall and hereby does grant to Coherus, effective as of the effective date of such termination, the exclusive, perpetual, royalty-free, irrevocable license (with full rights to grant sublicenses through multiple tiers), under any Grant-Back IP to develop, make, have made, use, sell, offer to sell, have sold and import the Product in such country; (iv) Licensee shall and hereby does assign, at its cost, and shall cause its Affiliates (as applicable) to assign, to Coherus, effective as of the effective date of such termination, all of Licensee’s (or its Affiliate’s) rights, title and interests in and to the Product Trademark and all relevant trademark applications and registrations with respect thereto in such terminated country. Each Party shall execute and deliver or shall cause its Affiliates (as applicable) to execute and deliver to the other Party all documents that are necessary to fulfill the obligations set forth in this Section 12.7(a)(iv); (v) Licensee shall assign to Coherus or Coherus’ designee its entire right in all clinical and related study data based on use or research on such Product and all Regulatory Filings and Regulatory Approvals relating to such Product in the terminated country, and shall provide reasonable assistance to Coherus or its designee to allow such party to become the holder of such Regulatory Approvals; and (vi) Licensee shall promptly notify Coherus of any and all agreements between Licensee (and/or its Affiliates) and Third Parties with respect to the conduct of Development and/or Commercialization activities for any and all countries terminated. At Coherus’ request, which request shall be made within three (3) months after the termination of this Agreement with respect to a country, Licensee shall utilize Commercially Reasonable Efforts to assign (or cause its Affiliates to assign) to Coherus, and Coherus shall have the right, but not the obligation, to assume, any and all agreements between Licensee (and/or its Affiliates) and Third Parties with respect to the conduct of Development and/or Commercialization activities in such terminated country, including agreements with CROs, clinical sites and investigators, that relate to Clinical Trials in support of Regulatory Approvals in such country(ies), unless such agreement: (A) expressly prohibits such assignment, (B) covers clinical trials for products in addition to the Product, or (C) covers the Product in a country or countries in respect of which this Agreement has not been terminated. In all cases (A)–(C), Licensee shall cooperate with Coherus in all reasonable respects to facilitate the execution of a new agreement between the Coherus and the Third Party.

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