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(SM)
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 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. Participant may withdraw from VanClub at any time. Participant may terminate this Agreement 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 VanClub 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 XxxXxxx.xxx. RCTC has no liability or responsibility for any lease costs or fees, including termination 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 and each Vendor.
By Participant. Neither this Acknowledgment and Waiver nor any right or interest hereunder shall be assignable or transferable by Key Employee or his or her beneficiaries or legal representatives, except by will or by the laws of descent and distribution. This Acknowledgment and Waiver shall inure to the benefit of and be enforceable by a Key Employee's legal personal representative.
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 i. Within the first thirty days after the execution of this Agreement, the Participant may terminate this Agreement, without penalty, with at least twenty-four hours prior written notice to REcolorado and immediate payment for all Charges incurred to date.
By Participant. To the extent permitted under applicable law, PARTICIPANT agrees to defend, indemnify and hold harmless VENDOR and ED TECH JPA and its directors, officers, employees, and agents from and against all damages, costs (including reasonable attorneys’ fees), judgments and other expenses arising out of or on account of any third party claim that results from (i) the negligence or intentional misconduct of PARTICIPANT or its employees or agents or (ii) any breach of any of the representations, warranties or covenants contained herein by PARTICIPANT.
