Common use of Size and Scale Clause in Contracts

Size and Scale. Subscriber shall give iCIMS written notice of any merger, acquisition (whether of stock or assets), formation of any joint venture or partnership, reorganization, or other transaction that materially increases the size or scale of Subscriber’s or its Affiliate’s use of the Subscription (collectively, a “Corporate Transaction”). In the event of any Corporate Transaction, or other material increase in Subscriber’s or its Affiliate’s size or scale of use, iCIMS may, by written notice, request that the fees under this Agreement be increased commensurate with the increase in size and scale, and if a written agreement increasing the fees is not entered into by the Parties within forty-five (45) days of delivery of that notice, then iCIMS may terminate this Agreement effective upon sixty (60) days’ prior written notice.

Appears in 5 contracts

Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement

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Size and Scale. Subscriber shall give iCIMS written notice of any merger, acquisition (whether of stock or assets), formation of any joint venture or partnership, reorganizationreorganisation, or other transaction that materially increases the size or scale of Subscriber’s or its Affiliate’s use of the Subscription (collectively, a “Corporate Transaction”). In the event of any Corporate Transaction, or other material increase in Subscriber’s or its Affiliate’s size or scale of use, iCIMS may, by written notice, request that the fees under this Agreement be increased commensurate with the increase in size and scale, and if a written agreement increasing the fees is not entered into by the Parties within forty-five (45) days of delivery of that notice, then iCIMS may terminate this Agreement effective upon sixty (60) days’ prior written notice.

Appears in 2 contracts

Samples: Subscription Agreement, Subscription Agreement

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