PERIOD AND TERMINATION. 14.1 Save as set out in an Order Form, this Agreement shall, unless otherwise terminated as provided in this clause 14, commence on the date upon which it is signed by both parties and continue until midnight on the last day of the Fixed Term, whereupon this Agreement shall automatically renew for additional one year terms (each known as a Subscription Period).Any pricing increases due in relation to any renewed period will be as provided for in the Order Form. 14.2 Without prejudice to any other rights or remedies to which the parties may be entitled, either party may terminate this Agreement by notice in writing, with immediate effect and without liability to the other if: (a) unless otherwise set out in the Order Form, either party provides written notice of its decision not to renew the Services no later than 90 days prior to the end of Client’s current Subscription Period; (b) the other party commits a material breach of any of the terms of this Agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or (c) an order is made or a resolution is passed for the winding up of the other party, or circumstances arise which entitle a court of competent jurisdiction to make a winding- up order in relation to the other party; or (d) an order is made for the appointment of an administrator to manage the affairs, business and property of the other party, or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the other party, or notice of intention to appoint an administrator is given by the other party or its directors; or (e) a trustee or receiver is appointed of any of the other party's assets or undertaking, or if circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of the other party, or if any other person takes possession of or sells the other party's assets; or (f) the other party makes any arrangement or composition with its creditors, or makes an application to a court of competent jurisdiction for the protection of its creditors in any way; or (g) the other party ceases, or threatens to cease, to trade; or (h) the other party takes or suffers any similar or analogous action in any jurisdiction in consequence of debt. 14.3 On termination of this Agreement for any reason: (a) all licenses granted under this Agreement shall immediately terminate; (b) each party shall return and make no further use of any equipment, property, Documentation and other items (and all copies of them) belonging to the other party; (c) the Client shall be obliged to download its Client Data by no later than termination of this Agreement; (d) following termination, Qumu shall destroy or otherwise dispose of any of the Client Data; and (e) the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
PERIOD AND TERMINATION.
14.1 Save as set out in an Order Form, this Agreement shall, unless otherwise terminated as provided in this clause 14, commence on the date upon which it is signed by both parties and continue until midnight on the last day of the Fixed TermSubscription Period, whereupon this Agreement shall automatically renew for additional one year terms (each known as a Subscription Period).Any terms. Any pricing increases due in relation to any renewed period will be as provided for in the Order Form.
14.2 Without prejudice to any other rights or remedies to which the parties may be entitled, either party may terminate this Agreement by notice in writing, with immediate effect and without liability to the other if:
(a) unless otherwise set out in the Order Form, either party provides written notice of its decision not to renew the Services no later than 90 60 days prior to the end of Client’s current Subscription Period;
(b) the other party commits a material breach of any of the terms of this Agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
(c) an order is made or a resolution is passed for the winding up of the other party, or circumstances arise which entitle a court of competent jurisdiction to make a winding- up order in relation to the other party; or
(d) an order is made for the appointment of an administrator to manage the affairs, business and property of the other party, or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the other party, or notice of intention to appoint an administrator is given by the other party or its directors; or
(e) a trustee or receiver is appointed of any of the other party's assets or undertaking, or if circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of the other party, or if any other person takes possession of or sells the other party's assets; or
(f) the other party makes any arrangement or composition with its creditors, or makes an application to a court of competent jurisdiction for the protection of its creditors in any way; or
(g) the other party ceases, or threatens to cease, to trade; or
(h) the other party takes or suffers any similar or analogous action in any jurisdiction in consequence of debt.
14.3 On termination of this Agreement for any reason:
(a) all licenses granted under this Agreement shall immediately terminate;
(b) each party shall return and make no further use of any equipment, property, Documentation and other items (and all copies of them) belonging to the other party including the other party’s Confidential Information in its possession;
(c) the Client shall be obliged to download its Client Data by no later than termination of this Agreement;
(d) following termination, Qumu shall destroy or otherwise dispose of any of the Client Data; and
(e) the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced.
Appears in 1 contract
Sources: Agreement for the Provision of the Qumu Cloud Platform
PERIOD AND TERMINATION.
14.1 14.1. Save as set out in an Order Form, this Agreement shall, unless otherwise terminated as provided in this clause 14, commence on the date upon which it is signed by both parties and continue until midnight on the last day of the Fixed Term, whereupon this Agreement shall automatically renew for additional one year terms (each known as a Subscription Period).Any Period). Any pricing increases due in relation to any renewed period will be as provided for in the Order Form.
14.2 14.2. Without prejudice to any other rights or remedies to which the parties may be entitled, either party may terminate this Agreement by notice in writing, with immediate effect and without liability to the other if:
(a) unless otherwise set out in the Order Form, either party provides written notice of its decision not to renew the Services no later than 90 days prior to the end of Client’s current Subscription Period;
(b) the other party commits a material breach of any of the terms of this Agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
(c) an order is made or a resolution is passed for the winding up of the other party, or circumstances arise which entitle a court of competent jurisdiction to make a winding- winding-up order in relation to the other party; or
(d) an order is made for the appointment of an administrator to manage the affairs, business and property of the other party, or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the other party, or notice of intention to appoint an administrator is given by the other party or its directors; or
(e) a trustee or receiver is appointed of any of the other party's ’s assets or undertaking, or if circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of the other party, or if any other person takes possession of or sells the other party's ’s assets; or
(f) the other party makes any arrangement or composition with its creditors, or makes an application to a court of competent jurisdiction for the protection of its creditors in any way; or
(g) the other party ceases, or threatens to cease, to trade; or
(h) the other party takes or suffers any similar or analogous action in any jurisdiction in consequence of debt.
14.3 14.3. On termination of this Agreement for any reason:
(a) all licenses granted under this Agreement shall immediately terminate;
(b) each party shall return and make no further use of any equipment, property, Documentation and other items (and all copies of them) belonging to the other party;
(c) the Client shall be obliged to download its Client Data by no later than termination of this Agreement;
(d) following termination, Qumu the Provider shall destroy (or cause Display5 to destroy, as the case may be) or otherwise dispose of any of the Client Data; and
(e) the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced.
Appears in 1 contract
Sources: Agreement for the Provision of the Display5 Cloud Platform Service