By Participant. In the event of a default of this Agreement by Participant and the failure of Participant to cure such default after notice and opportunity to cure as provided herein, THISCO shall be entitled (i) to terminate this Agreement and THISCO's obligations and duties set forth herein shall cease (ii) to cease use of all Materials, the Internet Pages and any and all other Materials used by, developed, or created by THISCO in the performance of this Agreement, and (iii) pursue any and all claims for fees and costs agreed to be paid pursuant to this Agreement with offset for mitigation resulting from THISCO's terminated obligation to continue to develop and create Internet Pages as required by the TravelWeb Order Form. It is acknowledged and agreed by Participant that the damages to THISCO for a default on this Agreement by Participant would be difficult, if not impossible, to measure and that the balance unpaid on any TravelWeb Order Form is a fair and reasonable estimate of THISCO's damages in the event of such default and shall be the total amount due THISCO in such event.
By Participant. In the event of a default of this Agreement by Participant and the failure of Participant to cure such default after notice and opportunity to cure as provided herein, TWI shall be entitled (i) to terminate this Agreement and TWI's obligations and duties set forth herein shall cease (ii) to retain Materials, the Internet Pages and any and all other Materials used by, developed, or created by TWI in the performance of this Agreement, and (iii) pursue any and all claims for fees and costs agreed to be paid pursuant to this Agreement without any offset for mitigation resulting from TWI's terminated obligation to continue to develop and create Internet Pages as required by the TravelWeb(TM).
By Participant. Participant may terminate this Agreement upon thirty (30) Days prior written notice to Upstream.
By Participant. Participant makes the following representations and warranties to and for the benefit of Originator:
By Participant. A participant may terminate his or her account under the Plan by notifying the Plan Agent, in writing, at Firstar Bank Milwaukee, N.A., c/o LCM Internet Growth Fund, Inc., P. O. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000-0000. Such termination will be effective immediately if notice is received by the Plan Agent prior to the distribution record date; otherwise, such termination will be effective, with respect to any subsequent distribution, on the first trading day after the distribution paid for such record date shall have been credited to such participant's account.
By Participant. Participant may withdraw from VanClub at any time. Participant may terminate thisAgreement via email at xxxx@xxxxxxx.xxx, at least five (5) business days prior to withdrawing from VanClub.If the Coordinator is the Participant that withdraws from the Subsidy Program, then the final RCTC VanClubsubsidy will be prorated during the last month of participation based on the number of days the vanpoolwas in operation that month. No payment of the final vanpool subsidy to the Vendor shall be made until the final Participant report has been completed andsubmitted to XxxXxxx.xxx. RCTC has no liability or responsibility for any lease costs or fees, includingtermination costs, fees or penalties, between Participant, Coordinator and/or Vendor. All responsibilities,obligations, and duties for any lease is solely between and subject to, the lease between Coordinator andeach Vendor.
By Participant. Participant represents and warrants to Trustwave that possession and use of information, specifications and data provided by Participant to Trustwave under the terms and conditions of this Agreement will not constitute an infringement upon any patent, copyright, trade secret, or other intellectual property right of any third party.
By Participant. The PARTICIPANT shall have the right to terminate this Agreement upon written notice to the AGENCY in the event that the AGENCY fails to comply with any of AGENCY's obligations under the contract.
By Participant. Participant may withdraw from the Vanpool Program at any time. Participant may terminate this Agreement via email at XxxXxx@XxxXxxx.xxx, at least five (5) business days prior to withdrawing from the Vanpool Program. The final XxxXxx Xxxxxxx Program subsidy will be prorated during the last month of participation based on the number of days the vanpool was in operation that month. No payment of the final vanpool subsidy to the Vendor shall be made until the final Participant report has been completed and submitted to XxxxxXxxxx.xxx. WSP and SunLine have no liability or responsibility for any lease costs or fees, including termination costs, fees or penalties, between Participant, Leaseholder and/or Vendor. All responsibilities, obligations, and duties for any lease is solely between and subject to, the lease between Leaseholder and each Vendor.
By Participant. Participant shall indemnify, hold harmless, and defend CCNC against any claim, loss, damage, expense, or liability for personal injury or death, or property damage that arises from work performed by or on behalf of Participant under this Agreement, and against any claim, loss, damage, expense, or liability that arises from the negligence or intentional misconduct of Participant or any person or entity working for or on behalf of Participant, including without limitation any disclosure of Confidential Information or PHI, except Participant shall not be liable to the extent CCNC acted with intentional misconduct in regard to the circumstances giving rise to the claim.
