Common use of Vendor's Right to Terminate Clause in Contracts

Vendor's Right to Terminate. In addition to any other rights or --------------------------- remedies to which Vendor may be entitled under this Agreement, in the event that (i) Customer commits a material breach of this Agreement, including non-payment of undisputed amounts due and owing to Vendor in accordance with the terms of this Agreement, which breach is not cured within thirty (30) calendar days after notice of breach from Vendor to Customer; or (ii) Customer fails to meet its obligations with respect to the Purchase Commitments in accordance with and subject to the terms of this Agreement, which failure is not cured within thirty (30) calendar days after notice of failure from Vendor to Customer; provided, however, Customer shall be deemed not to have failed to meet its Purchase Commitments if it pays Vendor such amounts that Customer would have otherwise had to pay if Customer actually met such Purchase Commitments, then Vendor, at its option and in its sole discretion, may terminate this Agreement; provided, however, if Vendor's termination for cause right is solely related to the Other Services, Vendor may only exercise the Agreement Termination Right with respect to the Other Services. To the extent new services are added to this Agreement, defaults will be as specified therein.

Vendor's Right to Terminate. In addition to any other rights --------------------------- or --------------------------- remedies to which Vendor may be entitled under this Agreement, in the event that (i) Customer commits a material breach of this Agreement, including non-payment of undisputed amounts due and owing to Vendor in accordance with the terms of this Agreement, which breach is not cured within thirty (30) calendar days after notice of breach from Vendor to Customer; or (ii) Customer fails to meet its obligations with respect to the Purchase Commitments in accordance with and subject to the terms of this Agreement, which failure is not cured within thirty (30) calendar days after notice of failure from Vendor to Customer; provided, however, Customer shall be deemed not to have failed to meet its Purchase Commitments if it pays Vendor such amounts that Customer would have otherwise had to pay if Customer actually met such Purchase Commitments, then Vendor, at its option and in its sole discretion, may terminate this Agreement; provided, however, if Vendor's termination for cause right is solely related to the Other Services, Vendor may only exercise the Agreement Termination Right with respect to the Other Services. To the extent new services are added to this Agreement, defaults will be as specified therein.