Common use of By Participant Clause in Contracts

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. 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(TMTravelWeb(SM).