Common use of Contract Buyout Clause in Contracts

Contract Buyout. a. Customer may terminate this Agreement at any time by giving M&I at least one hundred eighty (180) days' prior written notice and paying M&I *** percent (***%) of the total estimated remaining unpaid monthly processing fees. For the purpose of this computation, total estimated remaining unpaid monthly processing fees shall be equal to the mean average of the total monthly fees paid in the three (3) months preceding the termination notice, multiplied by the number of months remaining in the Agreement. b. The contract buyout amount set forth above shall be paid prior to the deconversion of any affected accounts. The contract buyout amount shall be paid by Customer regardless of the form by which the termination occurs, including but not limited to, sale of assets or stocks assumption of liabilities, merger, consolidation, absorption, liquidation, or termination as a result of an Event of Default on the part of Customer (as described in Section 11 of this Agreement).

Appears in 2 contracts

Sources: Data Processing Services Agreement (Merrill Merchants Bancshares Inc), Data Processing Services Agreement (Merrill Merchants Bancshares Inc)

Contract Buyout. a. Customer may terminate this Agreement at any time by giving M&I at least one hundred eighty (180) days' prior written notice of termination and paying M&I *** eighty percent (***80%) of the total estimated remaining unpaid monthly processing fees. For the purpose of this computation, total estimated remaining unpaid monthly processing fees shall be equal to the mean average of the total monthly fees paid in the three (3) months preceding the termination notice, multiplied by the number of months remaining in the Agreement. b. The contract buyout amount set forth above shall be paid prior to the deconversion of any affected accounts. The contract buyout amount shall be paid by Customer regardless of the form by which the termination occurs, including but not limited to, sale of assets or stocks stock, assumption of liabilities, merger, consolidation, absorption, liquidation, or termination as a result of an Event of Default on the part of the Customer (as described in Section 11 of this Agreement).

Appears in 1 contract

Sources: Data Processing Services Agreement (Bryn Mawr Bank Corp)