By Us. We may cancel this policy by written notice delivered to or mailed to you at the address shown in the policy (and to your authorized agent or broker if required). Proof of delivery or mailing is sufficient proof of notice. This notice must be delivered or mailed the required number of days prior to the effective date of the cancellation. For a description of the number of days of required notice, refer to:
By Us. We may cancel this policy by written notice delivered to or mailed to you at the address shown in the policy (and to your authorized agent or broker if required). Proof of delivery or mailing is sufficient proof of notice.
By Us. We shall defend, indemnify and hold You harmless from and against all claims, losses and damages (including reasonable attorneys’ fees) made by a third party against You that the Service infringes that third party’s United States intellectual property rights, except to the extent such a claim arises from Your misuse of the Service. If We believe that any portion of the Service may be subject to such a claim, then We may, at our sole option and expense: (i) procure for You the right to continue using the Service; (ii) modify or replace the infringing portions of the Service to allow for continued use, or if these alternatives are not commercially reasonable, refund any unused, prepaid Fees and terminate this Agreement. Notwithstanding the foregoing, the Our indemnification obligations set forth in this Section 12(a) do not apply to, and We will have no obligation to You for, any claim that arises from (i) modifications to the Service by anyone other than Us or a third-party expressly instructed on Our behalf, (ii) modifications to the Service based upon specifications furnished by You (iii) You and/or any of Your Users’ use of the Service other than as specified in this Agreement, the Order Form or in the applicable Documentation, (iv) use of the Service in conjunction with third-party software, hardware, data or any other combination other than that expressly approved by Us, or (v) any combination of the foregoing. THIS SECTION 12 STATES OUR ENTIRE LIABILITY FOR INFRINGEMENT RELATING TO THE SUBJECT MATTER OF THESE TERMS OF SERVICE AND SHALL NOT APPLY DURING ANY TRIAL PERIOD. As a condition to being indemnified You shall promptly notify Us of any claim, and allow Us sole control of the defense and settlement of the claim.
By Us. This Agreement is fully transferable by us, and inures to the benefit of any transferee or other legal successor to our interests, as long as such transferee or successor agrees to be bound by, and assumes all of our continuing obligations under, this Agreement.
By Us. We may at any time suspend operation of your Credit Card Account (including, but not limited to, limiting or suspending the number, types and/or amounts of Transactions we authorise on your Credit Card Account) or close any Credit Card Account. We may at any time cancel your right to use your Card. As soon as your Credit Card Account is closed or your Card is cancelled you must destroy all Cards issued on your Credit Card Account by cutting them (including any chip on the Cards) in half. If your Credit Card Account is cancelled you must then immediately pay the entire balance of your Card Accounts that we have specified. If the Nominated Earner ceases to be a member of the Airpoints Programme and a new Nominated Xxxxxx is unable to be appointed (for example, if the Account Owner ceases to be a member and there are no joint or additional cardholders), then we may close your Credit Card Account, cancel your right to use your Card and require that it be destroyed. If we do not close your Credit Card Account, you will nevertheless lose any entitlement to earn new Airpoints Dollars. If the Nominated Earner ceases to be a member of the Airpoints Programme or the Nominated Earner for the Credit Card Account, then you will also lose any entitlement to earn Airpoints Dollars for your Airpoints Programme membership account on purchases made since your most recent statement.
By Us. We may cancel this policy by giving you 30 days’ written notice via your insurance broker. The cancellation will take effect 30 days after the day you are notified of the cancellation and we shall return the premium paid for the unused period of insurance (other than in circumstances where we invoke the ‘Disclosure and accuracy of information condition’ and/or the ‘Fraudulent claim(s) condition’ in this policy). Reasons we may cancel this policy include:
i. you do not co-operate or supply information or documentation that we request which materially affects our ability to process the policy or our ability to defend our interests; or
ii. following a survey at any of your premises or sites we have required you to make risk improvements and you have not completed these within a reasonable period of time advised by us; or iii. the premium has not been paid; or
By Us. This Agreement and each of our rights under it are fully transferable by us and will inure to the benefit of any transferee or other legal successor to our interests herein. We have the right to delegate any of our obligations under this Agreement to any person or entity.
By Us. We may cancel this policy by giving you notice in writing or by electronic means at your last known address. Your policy will be cancelled from 4pm on the 30th day after the date of the notice. We will refund you any premium that is due to you based on the unused portion of the period of insurance.
By Us. We may at any time suspend operation of your Credit Card Account (including, but not limited to, limiting or suspending the number, types and/or amounts of Transactions we authorise on your Credit Card Account) or close any Credit Card Account. We may at any time cancel your right to use your Card. As soon as your Credit Card Account is closed or your Card is cancelled you must destroy all Cards issued on your Credit Card Account by cutting them (including any chip on the Cards) in half. If your Credit Card Account is cancelled, you must then immediately pay the entire balance of your Card Accounts that we have specified.
By Us. We shall, at our expense, defend or, at our option, settle any claim brought against you that the Service Offerings infringe any third party’s United States patent, copyright, trademark, or trade secret, and pay any final judgments awarded by a court of competent jurisdiction or settlements entered into by us on your behalf. As a condition of our obligation, you must notify us promptly of any claim in writing, give us sole control and authority over the defense or settlement of such claim, and reasonably cooperate with us, at our expense, and provide us with available information in the investigation and defense of such claim. If any Service Offering becomes, or in our opinion is likely to
