Termination Remedies. 6.1. Each of the following events, together with the events set out in Clause 6.5, shall be deemed a “Default” under this Agreement, and the non-defaulting Party may terminate this Agreement or suspend Service in accordance with this Clause 6 upon the occurrence of any of the following: (a) any failure of Customer to pay any undisputed amounts as provided in this Agreement; or (b) any material breach by a Party of this Agreement; provided, however, that Masergy will not (subject to Clause 6.5) terminate or suspend Service unless a Default of Customer continues for more than thirty (30) days after written notification, as per the notice provisions of Clause 15.8, to Customer, or ten (10) days after written notice, as per the notice provisions of Clause 15.8, in the case of failure to pay money. Notwithstanding the foregoing, Customer shall also be in Default, and Masergy shall have the right to immediately terminate or suspend Service by giving written notice to Customer upon any violation by Customer of an applicable law, rule or regulation affecting the use of the Service or performance under this Agreement. 6.2. Notwithstanding any other provision of this Agreement, if Masergy cancels or terminates Service due to a Default of Customer, such cancellation or termination shall apply to an individual Service Order Form or this Agreement in its entirety, in Masergy’s sole discretion. 6.3. Masergy reserves the right to immediately suspend or terminate Service in the event of any governmental prohibition or required alteration of the Service, or in any existing or anticipated emergency circumstance where injury to people or damage to property is reasonably possible, if Masergy determines, in good faith, that no other commercially reasonable actions will adequately protect such people, facilities or systems. 6.4. Customer may cancel or terminate this Agreement without payment of any liquidated damages charges or other termination charge of any kind or amount due to a Default of Masergy as described in Clause 6.1 above if such Default continues for more than thirty
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Termination Remedies. 6.1. Each of the following events, together with the events set out in Clause 6.5, shall be deemed a “Default” under this Agreement, and the non-non- defaulting Party may terminate this Agreement or suspend Service in accordance with this Clause 6 upon the occurrence of any of the followingupon: (a) any failure of Customer to pay any undisputed amounts as provided in this Agreement; or (b) any material breach by a Party of this Agreement; provided, however, that Masergy will not (subject to Clause 6.5) terminate or suspend Service unless a Default of Customer continues for more than thirty (30) days after written notification, as per the notice provisions of Clause 15.8this Master Service Agreement, to Customer, or ten (10) days after written notice, as per the notice provisions of Clause 15.8this Master Service Agreement, in the case of failure to pay money. Notwithstanding the foregoing, Customer shall also be in Default, and Masergy shall have the right to immediately terminate or suspend Service by giving written notice to Customer upon any violation by Customer of an applicable law, rule or regulation affecting the use of the Service or performance under this Agreement.
6.2. Notwithstanding any other provision of this Agreement, if If Masergy cancels or terminates Service due to a Default of Customer, Masergy shall have the sole discretion to apply such cancellation or termination shall apply to an individual Service Order Form or this Agreement in its entirety, in Masergy’s sole discretion.
6.3. Masergy reserves the right to immediately suspend or terminate Service in the event of any governmental prohibition or required alteration of the Service, or in any existing or anticipated emergency circumstance where injury to people or damage to property is reasonably possiblecircumstance, if Masergy determines, in good faith, that no other commercially reasonable actions will adequately protect such people, facilities or systems.
6.4. Customer may cancel or terminate this Agreement without payment of any liquidated damages charges or other termination charge of any kind or amount due to a Default of Masergy as described in Clause Section 6.1 above if such Default continues for more than thirtythirty (30) days after Customer’s written notice, as per the notice provisions of this Master Service Agreement, to Masergy.
6.5. If Service provided pursuant to any Service Order Form is canceled or terminated before expiration of the Initial Term of such Service, or any Extension Term thereof: (a) by the Customer for any reason other than for a Default under this Agreement by Masergy; or (b) by Masergy due to a Default by Customer of this Agreement, Customer agrees to pay Masergy the following sums, which shall become due and owing as of the effective date of cancellation or termination and be payable within thirty (30) days thereafter: (i) all unpaid Non-Recurring Charges, excluding any waived charges, specified in any Service Order Form; (ii) all unpaid Recurring Charges for Services specified in any Service Order Form through the date of termination; (iii) one hundred percent (100%) of all Recurring Charges for canceled or terminated Services specified in the related Service Order Form for the balance of the Initial Term or the current Extension Term of such Service; and (iv) all fees related to the canceled or terminated Services that Masergy is charged by any and all third parties that Masergy is unable to avoid after using commercially reasonable efforts, including without limitation, all termination charges due to any and all third party service providers; provided, however, that such third party fees will not be separately charged if they are included in fees paid pursuant to subsection (iii) of this Section
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Termination Remedies. 6.1. Each of the following events, together with the events set out in Clause 6.5, shall be deemed a “Default” under this Agreement, and the non-defaulting Party may terminate this Agreement or suspend Service in accordance with this Clause 6 upon the occurrence of any of the followingupon: (a) any failure of Customer to pay any undisputed amounts as provided in this Agreement; or (b) any material breach by a Party of this Agreement; or (c) any insolvency, bankruptcy, assignment for the benefit of creditors, appointment of a trustee or receiver or similar event with respect to Customer; provided, however, that Masergy will not (subject to Clause 6.5) terminate or suspend Service unless a Default of Customer continues for more than thirty (30) days after written notification, as per the notice provisions of Clause 15.8Section 16.7, to Customer, or ten (10) days after written notice, as per the notice provisions of Clause 15.8Section 16.7, in the case of failure to pay money. Notwithstanding the foregoing, Customer shall also be in Default, and Masergy shall have the right to immediately terminate or suspend Service by giving written notice to Customer upon any violation by Customer of an applicable law, rule or regulation affecting the use of the Service or performance under this Agreement.
6.2. Notwithstanding any other provision of this Agreement, if Masergy cancels or terminates Service due to a Default of Customer, such cancellation or termination shall apply to an individual Service Order Form or this Agreement in its entirety, in Masergy’s sole discretion.
6.3. Masergy reserves the right to immediately suspend or terminate Service in the event of any governmental prohibition or required alteration of the Service, or in any existing or anticipated emergency circumstance where injury to people or damage to property is reasonably possible, if Masergy determines, in good faith, that no other commercially reasonable actions will adequately protect such people, facilities or systems.
6.4. Customer may cancel or terminate this Agreement without payment of any liquidated damages charges or other termination charge of any kind or amount due to a Default of Masergy as described in Clause Section 6.1 above if such Default continues for more than thirty
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Termination Remedies. 6.1. Each of the following events, together with the events set out in Clause 6.5, shall be deemed a “Default” under this Agreement, and the non-defaulting Party may terminate this Agreement or suspend Service in accordance with this Clause 6 upon the occurrence of any of the followingupon: (a) any failure of Customer to pay any undisputed amounts as provided in this Agreement; or (b) any material breach by a Party of this Agreement; or (c) any insolvency, bankruptcy, assignment for the benefit of creditors, appointment of a trustee or receiver or similar event with respect to Customer; provided, however, that Masergy will not (subject to Clause 6.5) terminate or suspend Service unless a Default of Customer continues for more than thirty (30) days after written notification, as per the notice provisions of Clause 15.8Section 15.7, to Customer, or ten (10) days after written notice, as per the notice provisions of Clause 15.8Section 15.7, in the case of failure to pay money. Notwithstanding the foregoing, Customer shall also be in Default, and Masergy shall have the right to immediately terminate or suspend Service by giving written notice to Customer upon any violation by Customer of an applicable law, rule or regulation affecting the use of the Service or performance under this Agreement.
6.2. Notwithstanding any other provision of this Agreement, if Masergy cancels or terminates Service due to a Default of Customer, such cancellation or termination shall apply to an individual Service Order Form or this the Agreement in its entirety, in Masergy’s sole discretion.
6.3. Masergy reserves the right to immediately suspend or terminate Service in the event of any governmental prohibition or required alteration of the Service, or in any existing or anticipated emergency circumstance where injury to people or damage to property is reasonably possible, if Masergy determines, in good faith, that no other commercially reasonable actions will adequately protect such people, facilities or systems.
6.4. Customer may cancel or terminate this Agreement without payment of any liquidated damages charges or other termination charge of any kind or amount due to a Default of Masergy as described in Clause Section 6.1 above if such Default continues for more than thirty
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Samples: Master Service Agreement
Termination Remedies. 6.1. 6.1 Each of the following events, together with the events set out in Clause 6.5, shall be deemed a “Default” under this Agreement, and the non-defaulting Party may terminate this Agreement or suspend Service in accordance with this Clause 6 upon the occurrence of any of the followingupon: (a) any failure of Customer to pay any undisputed amounts as provided in this Agreement; or (b) any material breach by a Party of this Agreement; (c) any insolvency, bankruptcy, assignment for the benefit of creditors, appointment of a trustee or receiver or similar event with respect to Customer; provided, however, that Masergy Broadcore will not (subject to Clause 6.5) terminate or suspend Service unless a Default of Customer continues for more than thirty (30) days after written notification, as per the notice provisions of Clause 15.8Section 20.7, to Customer, or ten (10) days after written notice, as per the notice provisions of Clause 15.8Section 20.7, in the case of failure to pay money. Notwithstanding the foregoing, Customer shall also be in Default, and Masergy Broadcore shall have the right to immediately terminate or suspend Service by giving written notice to Customer upon any violation by Customer of an applicable law, rule or regulation affecting the use of the Service or performance under this Agreement.
6.2. 6.2 Notwithstanding any other provision of this Agreement, if Masergy Broadcore cancels or terminates Service due to a Default of Customer, such cancellation or termination shall apply to an individual Service Order Sales Agreement Form or this the Agreement in its entirety, in MasergyBroadcore’s sole discretion.
6.3. Masergy 6.3 Broadcore reserves the right to immediately suspend or terminate Service in the event of any governmental prohibition or required alteration of the Service, or in any existing or anticipated emergency circumstance where injury to people or damage to property is reasonably possible, if Masergy Broadcore determines, in good faith, that no other commercially reasonable actions will adequately protect such people, facilities people or systemsproperty.
6.4. 6.4 Customer may cancel or terminate this Agreement without payment of any liquidated damages charges or other termination charge of any kind or amount due to a Default of Masergy Broadcore as described in Clause Section 6.1 above if such Default continues for more than thirtythirty (30) days after Customer’s written notice, as per the notice provisions of Section 20.7, to Broadcore.
6.5 If Service provided pursuant to any Sales Agreement Form is canceled or terminated before expiration of the Initial Term of such Service, or any Extension Term thereof: (a) by the Customer for any reason other than for a Default under this Agreement by Broadcore; or (b) by Broadcore due to a Default by Customer of this Agreement, Customer agrees to pay Broadcore the following sums, which shall become due and owing as of the effective date of cancellation or termination and be payable within thirty days thereafter: (i) all unpaid Non Recurring Charges, excluding any waived charges, specified in any Sales Agreement Form; (ii) all unpaid Recurring Charges for Services specified in any Sales Agreement Form through the date of termination; (iii) one hundred percent (100%) of all Recurring Charges for canceled or terminated Services specified in the related Sales Agreement Form for the balance of the then current Term of the Sales Agreement Form; and (iv) all fees related to the canceled or terminated Services that Broadcore is charged by any and all third parties that Broadcore is unable to avoid after using commercially reasonable efforts, including without limitation, all termination charges due to any and all third party service providers; provided, however, that such third party fees will not be separately charged if they are included in fees paid pursuant to subsection (iii) of this Section 6.5. The Parties agree that this paragraph constitutes liquidated damages (and not a penalty) and further agree that this paragraph sets forth the Party’s mutual agreement on a reasonable estimate of Broadcore’s actual damages in the event of an early cancellation or termination by Customer, which damages would otherwise be difficult or impossible to ascertain.
6.5.1 Customer will provide written notification of Service termination to Broadcore (i.e., electronic mail to xxxxxxxxxx@Xxxxxxxxx.xxx, or by letter as per the notice provisions of Section 20.7) and the Service will be terminated the later of: (a) thirty (30) days past the date such written notice was received by the Broadcore disconnect department; or
(b) the termination date provided by Customer for the applicable Services. Customer acknowledges that third party carriers or service providers may not immediately terminate services upon receipt of a notice of termination from Broadcore.
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Samples: Master Service Agreement
Termination Remedies. 6.1. Each of the following events, together with the events set out in Clause 6.5, shall be deemed a “Default” under this Agreement, and the non-defaulting Party may terminate this Agreement or suspend Service in accordance with this Clause 6 upon the occurrence of any of the followingupon: (a) any failure of Customer to pay any undisputed amounts as provided in this Agreement; or (b) any material breach by a the defaulting Party of this Agreement; (c) any insolvency, bankruptcy, assignment for the benefit of creditors, appointment of a trustee or receiver or similar event with respect to Customer; provided, however, that Masergy MASERGY will not (subject to Clause 6.5) terminate or suspend Service unless a Default of Customer continues for more than thirty (30) days after written notification, as per the notice provisions of Clause 15.8Section 15, to Customer, or ten (10) days after written notice, as per the notice provisions of Clause 15.8Section 15, in the case of failure to pay money. Notwithstanding the foregoing, Customer shall also be in Default, and Masergy MASERGY shall have the right to immediately terminate or suspend Service by giving written notice to Customer upon any violation by Customer of an applicable law, rule or regulation affecting the use of the Service or performance under this Agreement.
6.2. Notwithstanding any other provision of this Agreement, if Masergy MASERGY cancels or terminates Service due to a Default of Customer, such cancellation or termination shall apply to an individual Service Order Form or this the Agreement in its entirety, in MasergyMASERGY’s sole discretion.
6.3. Masergy MASERGY reserves the right to immediately suspend or terminate Service in the event of any governmental prohibition or required alteration of the Service, or in any existing or anticipated emergency circumstance where injury to people or damage to property is reasonably possible, if Masergy MASERGY determines, in good faith, that no other commercially reasonable actions will adequately protect such people, facilities people or systemsproperty.
6.4. Customer may cancel or terminate this Agreement without payment of any liquidated damages charges or other termination charge of any kind or amount due to a Default of Masergy MASERGY as described in Clause Section 6.1 above if such Default continues for more than thirtythirty (30) days after Customer’s written notice, as per the notice provisions of Section 15, to MASERGY.
6.5. If Service provided pursuant to any Service Order Form is canceled or terminated before expiration of the Initial Term of such Service Order Form, or any Extension Term thereof: (a) by the Customer for any reason other than for a Default under this Agreement by MASERGY; or (b) by MASERGY due to a Default by Customer of this Agreement, Customer agrees to pay MASERGY the following sums, which shall become due and owing as of the effective date of cancellation or termination and be payable within thirty days thereafter: (i) all unpaid Non-Recurring Charges specified in any Service Order Form; (ii) all unpaid Recurring Charges for Services pursuant to any Service Order Form provided before the date of termination; (iii) one hundred percent (100%) of all Recurring Charges for canceled or terminated Services specified in any Service Order Form for the balance of the then current Term of the Service Order Form; and (iv) all fees related to the canceled or terminated Services that MASERGY is charged by any and all third parties that MASERGY is unable to avoid after using commercially reasonable efforts, including without limitation, all termination charges due to any and all third party service providers; provided, however, that such third party fees will not be separately charged if they are included in fees paid pursuant to subsection (iii) of this Section 6.5. The Parties agree that this paragraph constitutes liquidated damages (and not a penalty), and further agree that this paragraph sets forth the Party’s mutual agreement on a reasonable estimate of MASERGY’s actual damages in the event of an early cancellation or termination by Customer, which damages would otherwise be difficult or impossible to ascertain.
6.5.1. Customer will provide written notification of Service termination to MASERGY (i.e., electronic mail to xxxxxxxxxx@xxxxxxx.xxx, or by letter as per the notice provisions of Section 15). Customer acknowledges that third party carriers or service providers may not immediately terminate services upon receipt of a notice of termination from MASERGY. Customer shall be responsible for early termination charges as set forth in Section 6.5 and the applicable Service Monthly Recurring Charges (MRC) up to the later of: a) thirty (30) days past the date such written notice was received by the MASERGY disconnect department; or b) the termination date provided by Customer for the applicable Services.
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Samples: Master Service Agreement (Masergy Communications Inc)
