Common use of Withdrawal/Termination Clause in Contracts

Withdrawal/Termination. (a) Customer may withdraw a Machine from Services under this Agreement upon 60 days’ notice to Xxxxx: (i) After the Machine has been under this Agreement for at least six months; (ii) After the Machine has been under this Agreement for at least one month and it has been removed from Customer’s location; or (iii) On the effective date of the notice of an increase in maintenance charges for the Machine. (b) Xxxxx may withdraw a Machine from this Agreement: (i) Upon 60 days’ notice to Customer for any reason or no reason; or (ii) Upon the date upon which the manufacturer or OEM with respect to such Machine ceases to offer maintenance support for such Machine, or at any time after manufacturer or OEM support ceases when parts or support are no longer available using reasonable effort or means. (c) Either party may withdraw Machines or terminate this Agreement at any time, by written notice to the other party, if the other party materially breaches this Agreement and fails to cure such breach within 30 days (10 days in the case of payment defaults) after the aggrieved party gives notice to the breaching party of the breach. (d) Either party may terminate this Agreement, upon notice to the other party, during any time at which no Machine is covered by this Agreement.

Appears in 3 contracts

Samples: Equipment Maintenance Agreement, Equipment Maintenance Agreement, Equipment Maintenance Agreement

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Withdrawal/Termination. (a) Customer may withdraw a Machine from Services under this Agreement upon 60 days’ notice to Xxxxx: (i) : After the Machine has been under this Agreement for at least six months; (ii) ; After the Machine has been under this Agreement for at least one month and it has been removed from Customer’s location; or (iii) or On the effective date of the notice of an increase in maintenance charges for the Machine. (b) . Xxxxx may withdraw a Machine from this Agreement: (i) : Upon 60 days’ notice to Customer for any reason or no reason; or (ii) or Upon the date upon which the manufacturer or OEM with respect to such Machine ceases to offer maintenance support for such Machine, or at any time after manufacturer or OEM support ceases when parts or support are no longer available using reasonable effort or means. (c) . Either party may withdraw Machines or terminate this Agreement at any time, by written notice to the other party, if the other party materially breaches this Agreement and fails to cure such breach within 30 days (10 days in the case of payment defaults) after the aggrieved party gives notice to the breaching party of the breach. (d) . Either party may terminate this Agreement, upon notice to the other party, during any time at which no Machine is covered by this Agreement.

Appears in 1 contract

Samples: Equipment Maintenance Terms and Conditions

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Withdrawal/Termination. (a) Customer may withdraw a Machine from Services under this Agreement upon 60 days’ notice to Xxxxx: (i) After the Machine has been under this Agreement for at least six months; (ii) After the Machine has been under this Agreement for at least one month and it has been removed from Customer’s location; or (iii) On the effective date of the notice of an increase in maintenance charges for the Machine. (b) Xxxxx may withdraw a Machine from this Agreement: (i) Upon 60 days’ notice to Customer for any reason or no reason; or (ii) Upon the date upon which the manufacturer or OEM with respect to such Machine ceases to offer maintenance support for such Machine, or at any time after manufacturer or OEM support ceases when parts or support are no longer available using reasonable effort or means. (c) Either party may withdraw Machines or terminate this Agreement at any time, by written notice to the other party, if the other party materially breaches this Agreement and fails to cure such breach within 30 days (10 days in the case of payment defaults) after the aggrieved party gives notice to the breaching party of the breach. (d) Either party may terminate this Agreement, upon notice to the other party, during any time at which no Machine is covered by this Agreement.

Appears in 1 contract

Samples: Equipment Maintenance Agreement

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