By EMC Sample Clauses

By EMC. If EMC terminates for its convenience, Customer’s sole and exclusive remedy and EMC’s sole and exclusive obligation shall be to arrange for the issuance of a refund to Customer of the portion of any pre-paid Support Services fee received by EMC that corresponds to the period between the effective date of the termination for convenience and the end of the then current Support Services period.
Sample 1
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By EMC. EMC may, at any time, assign or transfer all or part of its rights or obligations under this Agreement to any person or entity without City’s consent.
Sample 1
By EMC. EMC hereby releases, acquits, and forever discharges, and shall cause its Subsidiaries, which are Subsidiaries as of the Effective Date, to release, acquit and forever discharge McDATA, its Subsidiaries which are Subsidiaries as of the Effective Date, and its customers for such customers' use of McDATA Products, from any and all claims or liability for infringement of any EMC Patents based upon acts which occur prior to the Effective Date, to the extent such infringement would have been licensed under the license granted to McDATA under Section 4.2(a) if such license had been in existence at the time of such infringing activity.
Sample 1

Related to By EMC

  • By Employer With or without Cause (as defined below), Employer may terminate the employment of Employee at any time during the term of employment upon giving Notice of Termination (as defined below).

  • By Employee Employee may terminate his employment at any time, for any reason, upon giving Notice of Termination.

  • By Executive Executive may terminate his employment at any time, for any reason, upon giving Notice of Termination.

  • By Either Party Either party may terminate this Agreement for convenience at any time effective after the first (1st) anniversary of the Installation Date by providing ninety (90) days' prior written notice to the other party at any time thereafter.

  • By Each Party Each party represents, warrants, and covenants to the other party that: (a) such party has full power and authority to enter into this Agreement and to perform its obligations under this Agreement; (b) this Agreement is a legal and valid obligation binding upon such party and enforceable in accordance with its terms; (c) this Agreement will not conflict with, result in a breach of, or constitute a default under any other agreement to which such party is a party or by which such party is bound; and (d) such party will comply with all laws, rules, and regulations applicable to such party in its performance under this Agreement.

  • By Company The Company may terminate the Executive’s employment under this Agreement by giving Notice of Termination to the Executive:

  • Submission of a Claim to Arbitration 1. An investor that meets the conditions precedent in Article 22 (Conditions Precedent to Submission of a Claim to Arbitration) may submit a claim to arbitration under:

  • By You You may cancel this policy at any time by giving us written notice or returning the policy to us and stating when thereafter the cancellation is to be effective.

  • By Executive for Good Reason The Executive, by written notice to the Company, may terminate Executive’s employment hereunder if a “Good Reason” exists. For purposes of this Agreement, “Good Reason” shall mean the occurrence of any of the following circumstances without the Executive’s prior written consent: (a) a substantial and material adverse change in the nature of Executive’s title, duties and/or responsibilities with the Company that represents a demotion from his title, duties or responsibilities as in effect immediately prior to such change (such change, a “Demotion”); (b) material breach of this Agreement by the Company; (c) a failure by the Company to make any payment to Executive when due, unless the payment is not material and is being contested by the Company, in good faith; or (d) a liquidation, bankruptcy or receivership of the Company. Notwithstanding the foregoing, no “Good Reason” shall be deemed to exist with respect to the Company’s acts described in clauses (a), (b) or (c) above, unless Executive shall have given written notice to the Company within a period not to exceed ten (10) calendar days of the Executive’s knowledge of the initial existence of the occurrence, specifying the “Good Reason” with reasonable particularity and, within thirty (30) calendar days after such notice, the Company shall not have cured or eliminated the problem or thing giving rise to such “Good Reason”; provided, however, that no more than two cure periods shall be provided during any twelve-month period of a breach of clauses (a), (b) or (c) above. Upon such termination, the Company shall pay to Executive the amount set forth in Section 4.6(c).

  • By Employer for Cause Employer may terminate Executive's employment under this Agreement for "Cause" (and Executive's employment will be deemed to have been terminated for "Cause") if, as of the date of termination, any of the following circumstances have occurred:

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