Effect of Termination definition
Effect of Termination. All Sections above shall survive expiration or any termination of this Agreement for as long as necessary to permit their full discharge. Upon termination of this Agreement, Customer shall, and shall cause the Named User to, cease and desist all use of the Software and the Documentation. Within sixty (60) days of the termination of this Agreement, Customer shall return to Company the Software and Documentation and any and all copies thereof. Customer shall promptly certify in writing to Company that all copies of the Software have been removed from each computer upon which it was installed and that any copies of the Software or Documentation not returned to Company have been destroyed. MISCELLANEOUS COMPLIANCE: Customer shall maintain and make available to Company records sufficient to permit ASSIGNMENT: Neither this Agreement nor any rights under this Agreement may be assigned or otherwise transferred by Customer, in whole or in part, whether voluntary or by operation of law, including by way of sale of assets, merger, consolidation or similar transaction without the prior written consent of
Effect of Termination. “Separation Damages”, “Survival” and “General” will survive the termination of this Agreement.
Effect of Termination. With respect to any such Agreement termination or expiration, each party: (a) will immediately cease any use of the other Party’s Confidential Information, (b) will delete any of the other Party’s Confidential Information from its computer storage or any other media to the extent commercially practicable; and (iii) will return to the other Party or, at the other Party’s option, destroy, all copies of the other Party’s Confidential Information. Sunset: Should the Vendor (a) cease further development work for or "end of life" Initial Software, and (b) should the Vendor make commercially available any replacement product or products that contain substantially all of same functionality found in Initial Software ("Replacement Software"), then Customer, at Customer’s sole discretion, shall be entitled to receive an equal quantity of licenses for each such Replacement Software as Customer had rights to the Initial Product at no additional license or Support Services charge, provided that CUSTOMER has purchased Support Services continuously from the commencement date of the license acquisition of the particular unit of Initial Software, until the time the Replacement Software is offered to Customer hereunder. To the extent that Additional Software includes new and substantially different functionality not found in the Initial Software (where such functionality is not specified in the documentation supplied with the Initial Software or made available under the provisions of Support Services) and the Vendor elects and is able through code to prevent the use of only the new and substantially different functionality without in any way degrading the functionality found in the Initial Software, Customer acknowledges that Customer’s right to use such Additional or Replacement Software shall be limited solely to the use of the functionality supplied in the Initial Software and, for the avoidance of doubt, nothing in the foregoing grants Customer a license to use such new and substantially different functionality unless the Vendor is unable through code to prevent the use if only the new and substantially different functionality found in the Initial Software without in any way degrading the functionality found in the Initial Software. Notwithstanding the foregoing, nothing herein shall entitle Customer to receive new Hardware System(s) without payment to the Vendor.
Examples of Effect of Termination in a sentence
Notwithstanding anything in Article 10 (Effect of Termination) of Part 1 of the Distribution GTCS, Distributor will be allowed to use the Documentation as well as the SAP Logo and other SAP trademarks which he was authorized to use as set out in Article 4 (Trademark License) of Part 1 of the Distribution GTCS solely in connection with the Documentation in order to distribute the Accepted Software without undue delay to the specific Open Ecosystem Partner for whom the Accepted Software was ordered.
Notwithstanding anything in Article 8 (Effect of Termination) of Part 1 of the Open Ecosystem GTCS, Open Ecosystem Partner will be allowed to use the SAP Logo and other SAP trademarks which he was authorized to use as set out in Article 4 (Trademark License) of Part 1 of the Open Ecosystem GTCS solely in connection with the Documentation in order to distribute the Accepted Software without undue delay to the specific End User for whom the Accepted Software was ordered.
In the event of termination of this Agreement, continued sublicense rights shall be governed by Section 7.5(a) (Effect of Termination).
The provisions of Sections 1 (Definitions), 2.7 (Limitations on Use), 3 (Orders and Delivery), 5 (Proprietary Rights), 8.3 (Effect of Termination), 9 (Warranties and Disclaimer), 10 (Indemnification), 11 (Limitation of Liability), 13 (Export Restriction and Compliance with Laws), 14 (Miscellaneous) survive any termination of the Agreement.
Notwithstanding anything in Article 11 (Effect of Termination) of Part 1 of the PartnerEdge GTCs, Partner will be allowed to use the Documentation as well as the SAP Logo and other SAP trademarks which he was authorized to use as set out in Article 4 (Trademark License) of Part 1 of the PartnerEdge GTCs solely in connection with the Documentation in order to distribute the Accepted Software without undue delay to the specific End User for whom the Accepted Software was ordered.
More Definitions of Effect of Termination
Effect of Termination. With respect to any such Agreement termination or expiration, each party: (a) will immediately cease any use of the other Party’s Confidential Information, (b) will delete any of the other Party’s Confidential Information from its computer storage or any other media to the extent commercially practicable; and (iii) will return to the other Party or, at the other Party’s option, destroy, all copies of the other Party’s Confidential Information.
Effect of Termination. Section 10, “Confidentiality”; Section 11, “Subpoena”, Section 14“
Effect of Termination. At the expiration of such 18 month or 12 month period provided in paragraphs (a) and (b), respectively, of this Section 5 or the scheduled expiration date, whichever is the earlier, this Option shall terminate (and shall no longer be exercisable) and the only rights hereunder shall be those as to which the option was properly exercised before such termination.
Effect of Termination. Except as provided in paragraph i. of this section (c), upon termination of this Agreement, for any reason, Business Associate shall return or destroy all PHI received from NorthShore, or created or received by Business Associate on behalf of NorthShore. This provision shall apply to PHI that is in the possession of Subcontractors or agents of Business Associate. Business Associate shall retain no copies of the PHI. In the event that Business Associate determines that returning or destroying the PHI is infeasible, Business Associate shall provide to NorthShore written notification of the conditions that make return or destruction infeasible. Upon NorthShore’s agreement that return or destruction of PHI is infeasible, Business Associate shall extend the protections of this Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such PHI. Injunctive Relief: In addition to any other rights or remedies of NorthShore, in the event of a breach of any material term of this Agreement by Business Associate, Business Associate agrees that NorthShore has a right to seek injunctive relief to enforce the terms of this Agreement without the necessity of proving actual damages.
Effect of Termination the text in the brackets shall be amended by adding the words "of the obligations". As a result the last sentence of Section 12.2 shall be worded as follows: "The parties hereto shall have any and all remedies to enforce such obligations provided at law or equity (including, without limitation, specific performance OF THE OBLIGATIONS)."
21. In Section 13.5 "Entire Agreement; Amendment" the word "Schedule" shall be replaced by the word "Exhibits".
Effect of Termination. Each party's right of termination under Section 7.1 is in addition to any other rights it may have under this Agreement or otherwise, and the exercise of such right of termination will not be an election of remedies. If this Agreement is terminated pursuant to Section 7.1, all obligations of the parties under this Agreement will terminate, except that the obligations of the parties in this Section 7.2 and Articles 10 and 11 (except for those in Section 11.5) will survive, provided, however, that, if this Agreement is terminated because of a Breach of this Agreement by the non-terminating party or because one or more of the conditions to the terminating party's obligations under this Agreement is not satisfied as a result of the party's failure to comply with its obligations under this Agreement, the terminating party's right to pursue all legal remedies will survive such termination unimpaired.
Effect of Termination. All payments provided herein shall be adjusted so as not to exceed the amount due for services actually rendered prior to the date of termination. If advance payments have been made for services not provided as of the date of termination, the CONTRACTOR shall promptly refund all excess funds paid within thirty (30) days. If additional payments are due from CARDINAL INNOVATIONS, said payments shall be made only after receipt of final billing and required documentation. All continuing obligations of the CONTRACTOR shall remain in effect after termination including, but not limited to, those set forth in the Contract and in the Cardinal Innovations Healthcare Provider Manual, Innovations and Cardinal Plan Manuals.