Modification To Or Discontinuation Of The Service Sample Clauses

Modification To Or Discontinuation Of The Service. Vendor reserves the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof), provided such modification does not diminish the functionality of the Service to the Customer on which the Customer materially relies. Notwithstanding the foregoing, except for routinely scheduled down time, or as otherwise provided in this Agreement, Vendor shall use commercially reasonable efforts to notify Customer prior to any such modification; further, Vendor shall consider the Customer’s validation needs and requirements in connection with any modification of the Service and, except as otherwise noted in Section 9.3, shall validate the Service as modified to the same extent provided in the Schedules. Customer acknowledges that Vendor reserves the right to discontinue offering the Service at the conclusion of Customer’s then current Term. Customer agrees that Vendor will not be liable to Customer or any third party for any modification or discontinuance of the Service as described in this Section 9.
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Modification To Or Discontinuation Of The Service. Jcurve reserves the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof). In the event that Jcurve modifies the Service in a manner which removes or disables a feature or functionality on which Customer materially relies, Jcurve, at Customer’s request, shall use commercially reasonable efforts to substantially restore such functionality to Customer. In the event that Jcurve is unable to substantially restore such functionality (unless enjoined from doing so by a court of competent jurisdiction), Customer shall have the right to terminate the Agreement and receive a pro-rata refund of the license fees paid under the Agreement for the terminated portion of the Term. Customer acknowledges that Jcurve reserves the right to discontinue offering the Service at the conclusion of Customer’s then current Term. Customer agrees that NetSuite shall not be liable to Customer nor to any third party for any modification of the Service as described in this Section 5.8.
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Modification To Or Discontinuation Of The Service. NetSuite reserves the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof). In the event that NetSuite modifies the Service in a manner which removes or disables a feature or functionality on which Customer materially relies, NetSuite, at Customer’s request, shall use commercially reasonable efforts to substantially restore such functionality to Customer. In the event that NetSuite is unable to substantially restore such functionality, Customer shall have the right to terminate the Agreement and receive a pro-rata refund of the license fees paid under the Agreement for use of the Service which was paid for by Customer but not yet furnished by NetSuite as of the date of such termination. Customer acknowledges that NetSuite reserves the right to discontinue offering the Service at the conclusion of Customer’s then current Term. Customer agrees that NetSuite shall not be liable to Customer or to any third party for any modification of the Service as described in this Section 7. -6- NetSuite Enterprise License Agreement NetSuite License Agreement
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Modification To Or Discontinuation Of The Service. Xerox reserves the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof). In the event that Xerox modifies the Service in a manner that removes or disables a feature or functionality on which Customer materially relies, Xerox, at Customer’s request, shall use commercially reasonable efforts to substantially restore such functionality to Customer. In the event that Xerox is unable to substantially restore such functionality, Customer shall have the right to terminate the SOW without payment of any ETCs for Cloud User as set forth in Section 5 above. Customer acknowledges that Xerox reserves the right to discontinue offering the Service at the conclusion at Customer’s then current Initial Term or Renewal Term. Customer agrees that Xerox shall not be liable to Customer or to any third party for any modification of the Service as described in this Section 8.
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Modification To Or Discontinuation Of The Service. RosComputing reserves the right at any time to modify, temporarily or permanently, the Service (or any part thereof). In the event that RosComputing modifies the Service in a manner which removes or disables a feature or functionality on which Customer materially relies, RosComputing, at Customer’s written request, shall use commercially reasonable efforts to substantially restore such functionality to Customer. In the event that XxxXxxxxxxxx is unable to substantially restore such functionality (unless enjoined from doing so by a court of competent jurisdiction or if restoring such functionality would cause RosComputing to infringe upon the intellectual property rights of a third party and etc.), Customer shall have the right to terminate the Agreement and receive a pro- rata refund of the subscription fees paid under the Agreement for the terminated portion of the Term. Customer agrees that XxxXxxxxxxxx shall not be liable to Customer or to any third party for any modification of the Service as described in this section.
Sample 1
Modification To Or Discontinuation Of The Service. EdTec and/or NetSuite reserve the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof). In the event that EdTec or NetSuite modifies the Service in a manner which removes or disables a feature or functionality on which FCPS materially relies, EdTec or NetSuite, as applicable, at FCPS’s request shall use commercially reasonable efforts to substantially restore such functionality to FCPS. In the event that EdTec and/or NetSuite is unable to substantially restore such functionality, FCPS shall have the right to terminate the Agreement and receive a pro-rata refund of the fees paid under the Agreement for use of the Service which was paid for by FCPS but not yet furnished as of the date of such termination. FCPS acknowledges that EdTec reserves the right to discontinue offering the Service to FCPS upon the expiration or termination of EdTec’s agreement with NetSuite or at the conclusion of FCPS’s then-current Term. FCPS agrees that neither EdTec nor NetSuite shall be liable to FCPS or to any third party for any modification or discontinuance of the Service as described in this Section B.14.
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Modification To Or Discontinuation Of The Service. IT- Conductor Inc. reserves the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof). In the event that IT-Conductor Inc. modifies the Service in a manner which removes or disables a feature or functionality on which Customer materially relies, IT-Conductor Inc., at Customer’s request, shall use commercially reasonable efforts to substantially restore such functionality to Customer. In the event that IT-Conductor Inc. is unable to substantially restore such functionality, Customer shall have the right to terminate this Agreement and receive a pro-rata refund of the license fees paid hereunder for the terminated portion of the Term. Customer acknowledges that IT-Conductor Inc. reserves the right to discontinue offering the Service at the conclusion of Customer’s then current Term. Customer agrees that IT-Conductor Inc. shall not be liable to Customer nor to any third party for any modification of the Service as described in this Section 12.
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Related to Modification To Or Discontinuation Of The Service

  • Modifications to Service This Auction Site reserves the right to modify or discontinue the Service with or without notice to user. This Auction Site shall not be liable to users or any third party should this Auction Site exercise its right to modify or discontinue the Service.

  • Discontinuation Either party may discontinue the job/time sharing arrangement with ninety

  • TERM, CONTINUATION AND RENEGOTIATION In this Collective Agreement, "Previous Collective Agreement" means the Collective Agreement that was in effect between the two parties for the period July 1, 2011 to June 30, 2013 including any amendments agreed to by the parties during that period.

  • Continuation of or Change in Business Each of the Loan Parties shall not, and shall not permit any of its Unregulated Subsidiaries to, engage in any business other than a Permitted Business.

  • Modification of Services Credit Union reserves the right to modify the Service from time to time without making prior notice to Member, provided, however, that Credit Union will give you at least thirty (30) days notice prior to making any modifications to the Service that would materially alter their functionality.

  • TERMINATION OR MODIFICATION A. This Agreement shall continue in full force and effect until December 31, 2011.

  • Discontinuance of Service 7.1 The procedures for discontinuing service to an End User are as follows:

  • Reinstatement and Continuation of Agreement If any Senior Priority Agent or Senior Priority Creditor is required in any Insolvency Proceeding or otherwise to turn over or otherwise pay to the estate of any Credit Party or any other Person any payment made in satisfaction of all or any portion of the Senior Priority Obligations (a “Senior Priority Recovery”), then the Senior Priority Obligations shall be reinstated to the extent of such Senior Priority Recovery. If this Agreement shall have been terminated prior to such Senior Priority Recovery, this Agreement shall be reinstated in full force and effect in the event of such Senior Priority Recovery, and such prior termination shall not diminish, release, discharge, impair, or otherwise affect the obligations of the Parties from such date of reinstatement. All rights, interests, agreements, and obligations of each Agent, each Senior Priority Creditor, and each Junior Priority Creditor under this Agreement shall remain in full force and effect and shall continue irrespective of the commencement of, or any discharge, confirmation, conversion, or dismissal of, any Insolvency Proceeding by or against any Credit Party or any other circumstance which otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the Senior Priority Obligations or the Junior Priority Obligations. No priority or right of any Senior Priority Secured Party shall at any time be prejudiced or impaired in any way by any act or failure to act on the part of any Borrower or any Guarantor or by the noncompliance by any Person with the terms, provisions, or covenants of any of the Senior Priority Documents, regardless of any knowledge thereof which any Senior Priority Secured Party may have.

  • Continuation of Agreement This Agreement shall become effective for each Fund as of the date first set forth above and shall continue in effect for each Fund until August 1, 2010, unless sooner terminated as hereinafter provided, and shall continue in effect from year to year thereafter for each Fund only as long as such continuance is specifically approved at least annually (i) by either the Board of Directors or by the vote of a majority of the outstanding voting securities of such Fund, and (ii) by the vote of a majority of the Directors, who are not parties to the Agreement or interested persons of any such party, cast in person at a meeting called for the purpose of voting on such approval. The annual approvals provided for herein shall be effective to continue this Agreement from year to year if given within a period beginning not more than 90 days prior to August 1st of each applicable year, notwithstanding the fact that more than 365 days may have elapsed since the date on which such approval was last given.

  • City’s Right to Terminate for Default Contractor’s failure to satisfactorily perform any obligation required by this Contract constitutes a default. Examples of default include a determination by City that Contractor has: (1) failed to deliver goods and/or perform the services of the required quality or within the time specified; (2) failed to perform any of the obligations of this Contract; and (3) failed to make sufficient progress in performance which may jeopardize full performance.

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