Monthly Maintenance. The maintenance term and any renewal terms are detailed in the Proposal. The Agreement becomes effective upon acceptance of the Proposal at our headquarters in Fremont, CA (“Effective Date Unless otherwise specified in the Proposal, the Agreement will automatically renew on a month-to-month basis with new prices calculated at the then-current list pricing ("Rack Rate") or until either party terminates the Agreement per Section 10 Either party may terminate a contract by providing written notice at least 30 days prior to the intended termination date or upon expiration of the Contract term, whichever is later. EMI reserves the right to suspend our services or terminate the Contract in cases of material breach of your obligations or violation of law. If suspension is remediable, we will provide notice of the actions required to reinstate the services or Contract. Failure to comply within 10 days may lead to permanent termination. Customer may terminate the Contract immediately upon written notice if we commit a material breach and fail to remedy it within 30 days. We may amend these Terms of Service with at least 30 days prior written notice. If a material amendment occurs, Customer may request good faith negotiations regarding the changes. Failure to reach mutual agreement within 30 days allows Customer to terminate the Contract immediately upon written notice. Termination does not absolve Customer of any outstanding payment obligations to EMI up to the termination date.
Appears in 2 contracts
Sources: Periodic Maintenance Agreement, Periodic Maintenance Agreement