Term and Survival a) Subject to earlier termination as provided below, this Service Agreement is for the total duration of the Company’s Offering (the “Initial Term”) unless either party requests termination at least 30 days prior to the end of the then-current term.
b) Additionally, either party may terminate this Service Agreement in the event:
i) The other party’s material breach that remains not cured and continues for a period of (A) in the case of a failure involving the payment of any undisputed amount due hereunder, 15 days and (B) in the case of any other failure, 30 days after the non performing party receives notice from the terminating party specifying such failure;
ii) Any statement, representation or warranty of the other party is untrue or misleading in any material respect or omits material information;
iii) The other party (A) voluntarily or involuntarily is subject to bankruptcy proceedings, (B) applies for or consents to the appointment of a receiver, trustee, custodian, sequestrator, or similar official, (C) makes a general assignment to creditors, (D) commences winding down or liquidation of its business affairs, (E) otherwise takes corporate action for the purpose of effecting any of the foregoing, or (F) ceases operating in the normal course of business;
iv) If any change to, enactment of, or change in interpretation or enforcement of any law occurs that would have a material adverse effect upon a party’s ability to perform its obligations under this Service Agreement or a party’s costs/revenues with respect to the services under this Service Agreement;
v) Upon direction to a party from any regulatory authority or National Automated Clearing House Association to cease or materially limit the exercise or performance of such party’s rights or obligations under this Service Agreement;
vi) If there shall have occurred a material adverse change in the financial condition of the other party; or
vii) Upon a force majeure event that materially prevents or impedes a party from performing its obligations hereunder for a period of more than 10 business days.
Term and Survival. This Addendum shall remain in effect for the Term of the ASM Agreement. For purposes of Paragraph 10L (Survival of Terms) of the ASM Agreement, the provisions of this Addendum by their nature are intended to survive termination or expiration of the ASM Agreement to the extent that Apple is subject to the SOPPA.
Term and Survival. (a) Subject to clause 2(b), the Term commences on the Commencement Date and, unless terminated earlier in accordance with clause 16, terminates on the day the Department releases all Submission Items to open file in accordance with the Guidelines.
(b) Clauses 9, 10, 11, 12, 13, 17 and 21 survive the expiry or termination of this Agreement.
Term and Survival. This Agreement will continue in full force and effect until all obligations, covenants and agreements in this Agreement have been paid and satisfied in full. Without limiting the previous sentence, (a) Sections 10 and 11 will survive beyond termination or expiration of this Agreement without limitation, and (b) our rights, remedies and benefits under Sections 10 and 11 will survive any sale, assignment or other transfer (whether undertaken in connection with a sale, merger or other change of control transaction, and whether voluntarily or by operation of law) by us of our rights and obligations under this Agreement.
Term and Survival. The rights and obligations of the Parties set forth in this Agreement survive the termination of the Executive’s employment except as otherwise set forth.
Term and Survival. The term hereof will commence on the Effective Date and will continue in full force and effect until the date of expiration of the last of the Purchased Patents.
Term and Survival. This Agreement shall remain in effect unless otherwise terminated as provided herein, or upon receipt by Company of Supplier’s Release and Certificate Form and Final Payment is made as set forth in Article 30 below. Notwithstanding the foregoing, Articles 4, 7, 9, 10, 13, 14, 17, 18, 19, 22, 31, 37, 38, 39, 47 and all other terms which contain obligations or duties which by their nature are to be or may be performed beyond any termination hereof, shall survive the termination of this Agreement without regard to the reason for termination.
Term and Survival. The Order shall terminate upon the later of: (i) receipt by Seller of payment for all of the Goods and Services; or (ii) acceptance of the Goods and Services by Recochem, unless earlier terminated by Recochem in accordance with these Terms. The provisions of these Terms which from their context or application are intended to survive the termination of the Order shall so survive, including but not limited to Sections 12, 17.-19 and this Section 20.
Term and Survival. This Agreement shall remain in full force and effect for a period of one (1) year following the effective date hereof (notwithstanding that the Confidential Information may have been returned or copies or other reproductions thereof destroyed prior to the expiration of such period) and thereupon shall terminate.
Term and Survival. 17.1 This Agreement shall commence with effect from the Effective Date and shall continue for so long as a Valid Claim of an Ascendis Patent exists in the Territory, unless terminated earlier pursuant to Clause 18.
17.2 On the expiration or other termination of this Agreement each Party shall continue to be bound by Clauses 2.2 (solely in the event of expiration, or as it may be modified by Clause 19.3 in specified events of termination), 8 (Records and Auditing), 9.2 (Pharmacovigilance), 10 (Confidentiality), 11.1 and 11.2 (Intellectual Property), 15 (Indemnification), 16 (Limitation of Liability), 17 (Term and Survival), 19 (Effect of Termination), 20 (Dispute Resolution) and 21 (Miscellaneous).
