Termination Without Fault Default Clause Samples
The 'Termination Without Fault; Default' clause defines the conditions under which a contract may be ended either without any party being at fault or due to a default by one of the parties. In practice, this clause typically allows one or both parties to terminate the agreement for reasons unrelated to breach, such as convenience or changing circumstances, as well as for specific breaches or failures to perform by the other party. Its core function is to provide flexibility and protection by outlining clear procedures for ending the contract, thereby managing risk and ensuring both parties understand their rights and obligations in the event of termination.
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Termination Without Fault Default. 6.1 Notwithstanding any other term or provision in this Agreement, Customer shall have the right, in its sole discretion, to terminate this Agreement at any time during the Term, or any Renewal Term, upon (i) sixty (60) days prior written notice to Company and (ii) the payment of 100% of the remaining Monthly Recurring Charges payable to Company within ten (10) days following termination of the Agreement (“Termination Charges”).
(a) Company may, in its sole discretion, immediately terminate this Agreement in the event that it is unable to provide access to the Facilities due to any law, rule, regulation, Force Majeure event, or judgment of any court or government agency. If Company terminates the agreement under this subsection 6.2(a), Customer shall have no obligation to pay any remaining Monthly Recurring Charges as a result of Termination by the Company, with the exception of payments due for Facilities actually provided.
(b) Any breach of Article 9A shall be deemed a material breach of this Agreement. In the event of such material breach, Company shall have the right to restrict, suspend, or terminate immediately any or all Service, without liability on the part of Company, and then to notify Customer of the action that Company has taken and the reason for such action, in addition to any and all other rights and remedies under this Agreement. In the event Company terminates service under this subsection 6.2(b), Customer shall be responsible for the payment of all past due amounts and Termination Charges in addition to any other remedies as identified in section 6.4.
6.3 In the event of default, either Party may terminate this Agreement. A “default” exists under this Agreement upon the following events:
(i) either Party’s failure to meet or perform any material term, provision, covenant, agreement, or obligation contained in this Agreement; provided that the non-defaulting Party so advises the defaulting Party in writing of the event of default and the defaulting Party does not remedy the default within thirty (30) days after written notice thereof; or
(ii) Either Party’s insolvency or initiation of bankruptcy or receivership proceedings by or against the Party.
(iii) Customer is in breach of a payment obligation and fails to make payment in full within ten (10) days after receipt of written notice of default.
6.4 The non-defaulting Party shall be entitled to all available legal and equitable remedies for such breach.
6.5 In addition to the remedies set...
Termination Without Fault Default. 6.1 Notwithstanding any other term or provision in this
(a) Company may, in its sole discretion, immediately
(b) Any breach of Article 9A shall be deemed a material breach of this Agreement. In the event of such material breach, Company shall have the right to restrict, suspend, or terminate in section 6.4.
6.3 In the event of default, either Party may terminate this
Termination Without Fault Default