Common use of Suspension; Termination Clause in Contracts

Suspension; Termination. If Company believes, in its sole discretion, that you have breached, violated or otherwise failed to comply with any term or condition in this Agreement, Company may (a) suspend your receipt of, access to and use of the Application or any other Company Item, until such time as Company believes, in its sole discretion, that you have cured such violation or that a violation did not occur, or (b) terminate your Subscription(s) immediately and without notice, or do so after a period of suspension if the problem has not been satisfactorily cured or otherwise satisfactorily addressed during that period. During any such period of suspension, and also in the event of any such termination, you shall not be entitled to a refund or abatement of any Subscription Fees. Company may also terminate your Subscription(s) for any reason or for no reason upon thirty (30) days prior notice via one or more of the Subscriber Notification Methods, in which event you shall receive a prorated refund of any prepaid, periodic Subscription Fees (such proration to be calculated using the date on which the Subscription terminated). Company also reserves the right to terminate, suspend or otherwise limit your receipt of, access to or use of the Application or any other Company Item, with or without notice, if in its sole discretion it determines doing so is or could be necessary, useful, prudent or helpful in connection to responding to, investigating, redressing, dealing with or otherwise addressing any actual, alleged, suspected or reasonably possible violation of law, harassment or incitement of others, mischief, breach of this Agreement, infringement of rights (of Company or others), breach of obligations to others or like circumstances. In the event of any such suspension or termination, except insofar as the Company has exempted You in writing, You must immediately delete from your computer, and otherwise destroy all copies of, any Application or component thereof You have installed on Your computer, and, in the case of a termination, otherwise comply with the “Effects Upon Termination” section of this Agreement, below. Co‐Branded Products: Without limiting Company’s rights pursuant to the foregoing paragraph of this Section 10, if your Subscription includes co‐branded products (as defined in the applicable co‐branding agreement between Company and a firm for whom you work or by whom you have been retained as an agent, broker, contractor or franchisee) or any other Company products or services incorporating trademarks or other intellectual property of a brokerage or other third party (collectively “Co‐Branded Products”), Company may, and you hereby agree that Company shall be entitled to, suspend or terminate your receipt of, access to and use of such Co‐Branded Products (or the co‐branded portions or areas thereof) and/or transition you to generic versions of those Co‐Branded Products at Company’s sole discretion and without any prior notice to you.

Appears in 1 contract

Samples: Agreement

AutoNDA by SimpleDocs

Suspension; Termination. If Company believesSubject to Clause 2 hereof, this Agreement may only be cancelled by the Customer with the express written consent of the Provider and the Provider shall be entitled to be paid in its sole discretion, that you have breached, violated or otherwise failed to comply with full for any term or condition in related losses and costs it incurs. The Provider may terminate this Agreement, Company may (a) suspend your receipt ofor the Services provided under it immediately, access to and use of the Application or any other Company Item, until such time as Company believes, in its sole discretion, that you have cured such violation or that a violation did not occur, or (b) terminate your Subscription(s) immediately and without notice, or do so after a period of suspension if the problem has not been satisfactorily cured or otherwise satisfactorily addressed during that period. During any such period of suspension, and also in the event of any such termination, you shall not be entitled to a refund or abatement of any Subscription Fees. Company may also terminate your Subscription(s) for any reason or for no reason upon thirty (30) days prior notice via one or more of the Subscriber Notification Methods, in which event you shall receive a prorated refund of any prepaid, periodic Subscription Fees (such proration to be calculated using the date on which the Subscription terminated). Company also reserves the right to terminate, suspend or otherwise limit your receipt of, access to or use of the Application or any other Company Item, with or without notice, if in its sole discretion it determines doing so is or could be necessary, useful, prudent or helpful in connection to responding to, investigating, redressing, dealing with or otherwise addressing any actual, alleged, suspected or reasonably possible violation of law, harassment or incitement of others, mischief, the Customer: • commits a material breach of this Agreement, infringement which is capable of rights (remedy, and fails to remedy the breach within 14 days of Company or others), a written notice to do so. • commits a material breach of obligations to others or like circumstancesthis Agreement which cannot be remedied. In the event of any such suspension or termination, except insofar as the Company has exempted You • is repeatedly in writing, You must immediately delete from your computer, and otherwise destroy all copies of, any Application or component thereof You have installed on Your computer, and, in the case of a termination, otherwise comply with the “Effects Upon Termination” section breach of this Agreement; or • Is the subject of a bankruptcy order, belowor becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of their creditors or goes into voluntary (otherwise than for reconstruction or amalgamation), or compulsory liquidation or a receiver or administrator is appointed over their assets. Co‐Branded Products: Without limiting Company’s rights The Provider may, without penalty or any liability to the Customer, terminate its obligation to provide Products under this Agreement it immediately, on notice, for any of the reasons listed above (in this clause 12) or for any other reason. The Provider may re-assign its obligations under this Agreement at its own discretion giving notice to the Customer of its intentions such that the Maintenance, Managed Service and Calibration Charges and/or Price and the Services and /or Products are substantially unchanged. If any of the events detailed in this clause 12 occur because of Customer default, the Provider may suspend the Services and/or delivery of the Products without prejudice to its right to terminate this Agreement. Where the Services are suspended pursuant to this clause 12 the foregoing paragraph Customer must pay the Maintenance, Managed Services and Calibration Charges until this Agreement is terminated. The Provider will be entitled to suspend the Services and/or its obligation to provide the Products or terminate the Agreement where the Provider, in its absolute discretion, believes the Customer is in breach of any provisions of the Agreement. Upon termination of this Section 10Agreement for whatever reason, if your Subscription includes co‐branded products (as defined in the applicable co‐branding agreement between Company Customer shall immediately stop using the Services and a firm for whom you work or by whom you have been retained as an agentthe Customer’s right to use the Services shall immediately terminate. Further, broker, contractor or franchisee) or any other Company products or services incorporating trademarks or other intellectual property of a brokerage or other third party (collectively “Co‐Branded Products”), Company may, and you hereby agree that Company the Customer shall be entitled to, suspend or terminate your receipt of, access to and use of such Co‐Branded Products obliged (or at the co‐branded portions or areas thereof) and/or transition you to generic versions of those Co‐Branded Products at CompanyProvider’s sole discretion and without option) to either return any prior notice Products not yet paid for to youthe Provider or, to pay the Provider a sum equal to the outstanding Price within 30 days of the termination of the Agreement. If either party delays in acting upon a breach of this Agreement that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Agreement that waiver is limited to that breach.

Appears in 1 contract

Samples: assets.applytosupply.digitalmarketplace.service.gov.uk

Suspension; Termination. If Company believesWe may, in its sole discretionwithout notice, that bar Services and or suspend or terminate this Agreement wholly or partially for any of the following reasons: you supply or have breachedsupplied at any time false, violated inaccurate or otherwise failed misleading information to us; you fail to observe and/or comply with any term provisions of this Agreement or condition any relevant law or any of our intellectual property rights; if for any reason we are unable to provide the Service to you or if intermittent checks, modifications and/or maintenance are deemed necessary to the Service; you fail to pay us any sums due under this Agreement or any other agreement between us and you on the due date specified in the invoice, notwithstanding the issue of any invoices thereafter; if we have any reasonable grounds to believe that you are a credit risk and may not be able to pay for the Service; you are adjudicated bankrupt, become insolvent or make any composition or arrangement with or assignment for the benefit of creditors; you die or, in the case of a partnership, it is or is intended to be dissolved; your usage of the Service is unusual or excessive; Our Equipment (if any) has been lost or stolen; or we are reasonably of the view that you are conspiring to defraud us or interfere with the operation and quality of the Service, including without limitation causing congestion. We do not need to suspend your Service before we terminate this Agreement, Company may (a) suspend . Should your receipt of, access to the Service be interrupted or suspended in any of the circumstances outlined above, we are in no way obligated to provide the Service to you. During any period of Service suspension, we may disconnect Our Equipment (if any) from the Service and you shall remain liable for all charges owing to us unless we decide otherwise. We reserve the right to determine whether to reconnect you to the Service or not and we may charge a reconnection fee. If Our Equipment is disconnected from the Service, any credits in your Account will be forfeited. Where we exercise any of our powers under this clause, such exercise shall not prejudice or affect the exercise of any other right or remedy which may be available to us. We may, voluntarily and at our own discretion, terminate this Agreement for any other reason. Unless you have agreed to subscribe to a Service for a pre-determined period longer than 30 days, you may cancel your agreement or any Service by providing 30 days written notice to us, during which time you will continue to be bound by the terms and conditions of this Agreement. On termination of this Agreement (for whatever reason): your right to use the Service ceases immediately; all fees and charges for use of the Application or Service and all other amounts owing by you to us become immediately due and payable; you will return Our Equipment (if any) and any other Company Item, until such time as Company believes, in its sole discretion, accessories that you have cured such violation or that a violation did not occur, or (b) terminate your Subscription(s) immediately and without notice, or do so after a period of suspension if the problem has not been satisfactorily cured or otherwise satisfactorily addressed during that period. During any such period of suspension, and also in the event of any such termination, we provided back to us immediately; you shall not be entitled to a any refund or abatement of any Subscription Fees. Company may also terminate your Subscription(s) for any reason or for no reason upon thirty (30) days prior notice via one or more of amounts paid in advance to us under the Subscriber Notification Methods, in which event you shall receive a prorated refund of any prepaid, periodic Subscription Fees (such proration to be calculated using the date on which the Subscription terminated). Company also reserves the right to terminate, suspend or otherwise limit your receipt of, access to or use of the Application or any other Company Item, with or without notice, if in its sole discretion it determines doing so is or could be necessary, useful, prudent or helpful in connection to responding to, investigating, redressing, dealing with or otherwise addressing any actual, alleged, suspected or reasonably possible violation of law, harassment or incitement of others, mischief, breach of this Agreement, infringement of rights (of Company or others), breach of obligations to others or like circumstances. In the event of any such suspension or termination, except insofar as the Company has exempted You in writing, You must immediately delete from your computer, and otherwise destroy all copies of, any Application or component thereof You have installed on Your computer, and, in the case of a termination, otherwise comply with the “Effects Upon Termination” section of this Agreement, below. Co‐Branded Products: Without limiting Company’s rights pursuant to the foregoing paragraph of this Section 10, if your Subscription includes co‐branded products (as defined in the applicable co‐branding agreement between Company and a firm for whom you work or by whom you have been retained as an agent, broker, contractor or franchisee) or any other Company products or services incorporating trademarks or other intellectual property of a brokerage or other third party (collectively “Co‐Branded Products”), Company may, and you hereby agree that Company shall be entitled to, suspend or terminate your receipt of, access to and use of such Co‐Branded Products (or the co‐branded portions or areas thereof) and/or transition you to generic versions of those Co‐Branded Products at Company’s sole discretion and without any prior notice to you...

Appears in 1 contract

Samples: www.skypacific.tv

Suspension; Termination. If Company believesWe may, in its sole discretionwithout notice, that bar Services and suspend or terminate this Agreement wholly or partially for any of the following reasons: you have breachedsupplied at any time false, violated inaccurate or otherwise failed misleading information to us; you fail to comply with any term or condition in provisions of this Agreement, Company any relevant law or any of our intellectual property rights; if for any reason we are unable to provide the Service to you or if intermittent checks, modifications and/or maintenance are deemed necessary to the Service; you fail to pay us any sums due under this Agreement or any other agreement between us and you; if we have any reasonable grounds to believe that you are a credit risk and may not be able to pay for the Service; you are adjudicated bankrupt, become insolvent or make any composition or arrangement with or assignment for the benefit of creditors; you die or, in the case of a partnership, it is or is intended to be dissolved; your usage of the Service is unusual or excessive; Our Equipment (if any) has been lost or stolen; or we are reasonably of the view that you are conspiring to defraud us or interfere with the operation and quality of the Service, including without limitation causing congestion. We do not need to suspend your Service before terminating this Agreement. During Service suspension, we may disconnect Our Equipment from the Service and you shall remain liable for all charges owing to us unless we decide otherwise. We reserve the right to determine whether to reconnect you to the Service and may charge a reconnection fee. Upon disconnection from the Service, any credits in your Account will be forfeited. If we exercise any rights under this clause, this shall not prejudice or affect any other right or remedy which may be available to us. We may, at our sole discretion, terminate this Agreement for any other reason. Unless you have agreed to subscribe to a service, for a pre-determined period longer than 30 days, you may cancel a service by giving us 30 days written notice provided you have (a) suspend your receipt of, access to paid all accrued charges; and use of the Application or any other Company Item, until such time as Company believes, in its sole discretion, that you have cured such violation or that a violation did not occur, or (b) terminate returned all equipment to us (for DigicelPlay & Digicel Broadband) or paid for the equipment not so returned (Modem AUD250 and Dish AUD150 as well as STB AUD100 during which time you continue to be bound by this Agreement. Until all accrued charges are paid and Equipment returned or paid for, your Subscription(smonthly charges for the Service shall continue. For Postpaid Mobile, an early termination fee (based on the monthly recurring charge) immediately and without notice, or do so after a period of suspension applies if the problem has not been satisfactorily cured Customer terminates Service or otherwise satisfactorily addressed during that periodconverts a postpaid service to a prepaid service before the minimum service period expires. During On final termination of this Agreement (for whatever reason): your right to use the Service ceases immediately; all fees and charges for the Service and all other amounts you owe us become immediately due and payable; you must immediately return Our Equipment and any such period of suspension, and also in the event of any such termination, accessories we provided; you shall not be entitled to a any refund or abatement of any Subscription Fees. Company may also terminate your Subscription(s) for any reason or for no reason upon thirty (30) days prior notice via one or more of the Subscriber Notification Methods, amounts paid in which event you shall receive a prorated refund of any prepaid, periodic Subscription Fees (such proration advance to be calculated using the date on which the Subscription terminated). Company also reserves the right to terminate, suspend or otherwise limit your receipt of, access to or use of the Application or any other Company Item, with or without notice, if in its sole discretion it determines doing so is or could be necessary, useful, prudent or helpful in connection to responding to, investigating, redressing, dealing with or otherwise addressing any actual, alleged, suspected or reasonably possible violation of law, harassment or incitement of others, mischief, breach of this Agreement, infringement of rights (of Company or others), breach of obligations to others or like circumstances. In the event of any such suspension or termination, except insofar as the Company has exempted You in writing, You must immediately delete from your computer, and otherwise destroy all copies of, any Application or component thereof You have installed on Your computer, and, in the case of a termination, otherwise comply with the “Effects Upon Termination” section of this Agreement, below. Co‐Branded Products: Without limiting Company’s rights pursuant to the foregoing paragraph of this Section 10, if your Subscription includes co‐branded products (as defined in the applicable co‐branding agreement between Company and a firm for whom you work or by whom you have been retained as an agent, broker, contractor or franchisee) or any other Company products or services incorporating trademarks or other intellectual property of a brokerage or other third party (collectively “Co‐Branded Products”), Company may, and you hereby agree that Company shall be entitled to, suspend or terminate your receipt of, access to and use of such Co‐Branded Products (or the co‐branded portions or areas thereof) and/or transition you to generic versions of those Co‐Branded Products at Company’s sole discretion and without any prior notice to youus.

Appears in 1 contract

Samples: www.digicelgroup.com

Suspension; Termination. If Company believes, in its sole discretion, Bank may suspend the Service upon notice to you if you do not comply with the requirements of this Service Description or if Bank is unable to verify your compliance with the requirements of this Service Description to Bank’s reasonable satisfaction. Bank may suspend or terminate the Service upon notice to you if it determines that you have breached, violated conduct business of the type and/or within a market that is ineligible to use the Service as described in Section 3(f) above. Bank may also suspend or terminate the Service upon notice to you if Bank’s agreement with EWS in connection with providing the Service is terminated or if EWS otherwise failed ceases to comply with support the Service for any term reason. In addition to Bank’s termination rights as set forth in the Master Agreement or condition elsewhere in this AgreementService Description, Company may Bank shall have the right to terminate the provision of Response Data upon five (5) days written notice to you if (a) suspend your receipt ofany Response Data provided to you is used or disclosed by you in violation of any applicable law, access to and use of this Service Description, or the Application or any other Company Item, until such time as Company believes, in its sole discretion, that you have cured such violation or that a violation did not occurConnectivity Agreement, or (b) terminate you experience any incident that materially jeopardizes the security of any Response Data in your Subscription(s) immediately and without noticepossession, or do so after (c) you, any individual or entity that holds a period controlling interest in you, any member of suspension if the problem has not been satisfactorily cured your board of directors or otherwise satisfactorily addressed during that period. During equivalent governing body, any such period of suspensionyour officers or managers, and also in the event of any such termination, you shall not be entitled to a refund or abatement of any Subscription Fees. Company may also terminate your Subscription(s) for any reason or for no reason upon thirty (30) days prior notice via one or more of the Subscriber Notification Methods, in which event you shall receive a prorated refund of any prepaid, periodic Subscription Fees (such proration to be calculated using the date on which the Subscription terminated). Company also reserves the right to terminate, suspend or otherwise limit your receipt of, access to or use of the Application or any other Company Itememployee of yours that has access to Response Data or has decision-making authority on how the Service is used is the subject of an investigation or other action by any Federal, state or local governmental, administrative or regulatory body. If and as requested by you upon termination of the Service or the Master Agreement, on a date mutually agreed by the parties, EWS and Bank shall meet with you to prepare and implement a plan for the secure deletion of all Participant Data. To the extent that Participant Data cannot be so deleted due to technical, regulatory, or without noticeother reasons reasonably acceptable to you, if EWS shall ensure, for so long as any Participant Data remains under EWS’s control, the continued protection of such Participant Data, in its sole discretion it determines doing so is or could be necessary, useful, prudent or helpful in connection to responding to, investigating, redressing, dealing compliance with or otherwise addressing any actual, alleged, suspected or reasonably possible violation of law, harassment or incitement of others, mischief, breach the confidentiality and security requirements of this Agreement, infringement of rights (of Company or others), breach of obligations to others or like circumstances. In the event of any such suspension or termination, except insofar as the Company has exempted You in writing, You must immediately delete from your computer, and otherwise destroy all copies of, any Application or component thereof You have installed on Your computer, and, in the case of a termination, otherwise comply with the “Effects Upon Termination” section of this Agreement, below. Co‐Branded Products: Without limiting Company’s rights pursuant to the foregoing paragraph of this Section 10, if your Subscription includes co‐branded products (as defined in the applicable co‐branding agreement between Company and a firm for whom you work or by whom you have been retained as an agent, broker, contractor or franchisee) or any other Company products or services incorporating trademarks or other intellectual property of a brokerage or other third party (collectively “Co‐Branded Products”), Company may, and you hereby agree that Company shall be entitled to, suspend or terminate your receipt of, access to and use of such Co‐Branded Products (or the co‐branded portions or areas thereof) and/or transition you to generic versions of those Co‐Branded Products at Company’s sole discretion and without any prior notice to youService Description.

Appears in 1 contract

Samples: Account Validation Service Description

AutoNDA by SimpleDocs

Suspension; Termination. If Company believesWe may, in its sole discretionwithout notice, that bar Services and suspend or terminate this Agreement wholly or partially for any of the following reasons: you have breachedsupplied at any time false, violated inaccurate or otherwise failed misleading information to us; you fail to comply with any term or condition in provisions of this Agreement, Company any relevant law or any of our intellectual property rights; if for any reason we are unable to provide the Service to you or if intermittent checks, modifications and/or maintenance are deemed necessary to the Service; you fail to pay us any sums due under this Agreement or any other agreement between us and you; if we have any reasonable grounds to believe that you are a credit risk and may not be able to pay for the Service; you are adjudicated bankrupt, become insolvent or make any composition or arrangement with or assignment for the benefit of creditors; you die or, in the case of a partnership, it is or is intended to be dissolved; your usage of the Service is unusual or excessive; Our Equipment (if any) has been lost or stolen; or we are reasonably of the view that you are conspiring to defraud us or interfere with the operation and quality of the Service, including without limitation causing congestion. We do not need to suspend your Service before terminating this Agreement. During Service suspension, we may disconnect Our Equipment from the Service and you shall remain liable for all charges owing to us unless we decide otherwise. We reserve the right to determine whether to reconnect you to the Service and may charge a reconnection fee. Upon disconnection from the Service, any credits in your Account will be forfeited. If we exercise any rights under this clause, this shall not prejudice or affect any other right or remedy which may be available to us. We may, at our sole discretion, terminate this Agreement for any other reason. Unless you have agreed to subscribe to a service, for a pre-determined period longer than 30 days, you may cancel a service by giving us 30 days written notice provided you have (a) suspend your receipt of, access to paid all accrued charges; and use of the Application or any other Company Item, until such time as Company believes, in its sole discretion, that you have cured such violation or that a violation did not occur, or (b) terminate returned all equipment to us (for DigicelPlay & Digicel Broadband) or paid for the equipment not so returned (Modem AUD250 and Dish AUD150 as well as STB AUD100 during which time you continue to be bound by this Agreement. Until all accrued charges are paid and Equipment returned or paid for, your Subscription(smonthly charges for the Service shall continue. For Postpaid Mobile, an early termination fee (based on the monthly recurring charge) immediately and without notice, or do so after a period of suspension applies if the problem has not been satisfactorily cured Customer terminates Service or otherwise satisfactorily addressed during that periodconverts a postpaid service to a prepaid service before the minimum service period expires. During On final termination of this Agreement (for whatever reason): your right to use the Service ceases immediately; all fees and charges for the Service and all other amounts you owe us become immediately due and payable; you must immediately return Our Equipment and any such period of suspension, and also in the event of any such termination, accessories we provided; you shall not be entitled to a any refund or abatement of any Subscription Fees. Company may also terminate your Subscription(s) for any reason or for no reason upon thirty (30) days prior notice via one or more of the Subscriber Notification Methods, amounts paid in which event you shall receive a prorated refund of any prepaid, periodic Subscription Fees (such proration advance to be calculated using the date on which the Subscription terminated). Company also reserves the right to terminate, suspend or otherwise limit your receipt of, access to or use of the Application or any other Company Item, with or without notice, if in its sole discretion it determines doing so is or could be necessary, useful, prudent or helpful in connection to responding to, investigating, redressing, dealing with or otherwise addressing any actual, alleged, suspected or reasonably possible violation of law, harassment or incitement of others, mischief, breach of this Agreement, infringement of rights (of Company or others), breach of obligations to others or like circumstances. In the event of any such suspension or termination, except insofar as the Company has exempted You in writing, You must immediately delete from your computer, and otherwise destroy all copies of, any Application or component thereof You have installed on Your computer, and, in the case of a termination, otherwise comply with the “Effects Upon Termination” section of this Agreement, below. Co‐Branded Products: Without limiting Company’s rights pursuant to the foregoing paragraph of this Section 10, if your Subscription includes co‐branded products (as defined in the applicable co‐branding agreement between Company and a firm for whom you work or by whom you have been retained as an agent, broker, contractor or franchisee) or any other Company products or services incorporating trademarks or other intellectual property of a brokerage or other third party (collectively “Co‐Branded Products”), Company may, and you hereby agree that Company shall be entitled to, suspend or terminate your receipt of, access to and use of such Co‐Branded Products (or the co‐branded portions or areas thereof) and/or transition you to generic versions of those Co‐Branded Products at Company’s sole discretion and without any prior notice to youus.

Appears in 1 contract

Samples: www.digicelgroup.com

Suspension; Termination. If BRYT SOFTWARE may suspend the Company believes, in its sole discretion, that you have breached, violated or otherwise failed any user’s right to comply with access or use any term portion or condition in this Agreement, Company may all the SERVICES or SOFTWARE immediately (a) suspend your receipt of, access to and use of the Application or any other Company Item, until such time as Company believes, in its sole discretion, that you have cured such violation or that a violation did not occurif amounts due hereunder remain unpaid for 10 days, or (b) terminate your Subscription(s) immediately and without notice, or do so after a period of suspension if the problem has not been satisfactorily cured Company determines that use of the SERVICES or otherwise satisfactorily addressed during that period. During SOFTWARE (i) poses a security risk to the SERVCIES or to any such period of suspension, and also in third party (ii) may adversely impact the event SERVICES or SOFTWARE or data of any such termination, you shall not be entitled other BRYT SOFTWARE customer or (iii) may subject the COMPANY or any third party to a refund liability. The COMPANY or abatement of any Subscription Fees. Company BRYT SOFTWARE may also terminate your Subscription(sthis Agreement for cause: (A) for any reason or for no reason upon thirty (30) days prior written notice via one or more of a material breach to the other party if such breach remains uncured at the expiration of the Subscriber Notification Methods, 30-day period; or (B) if the other party becomes the subject of a petition in which event you shall receive a prorated refund of any prepaid, periodic Subscription Fees (such proration to be calculated using the date on which the Subscription terminated). Company also reserves the right to terminate, suspend or otherwise limit your receipt of, access to or use of the Application bankruptcy or any other Company Itemproceeding relating to insolvency, with receivership, liquidation or assignment for the benefit of creditors. Additionally, any account which is suspended for more than thirty (30) days due to delinquent payments may be terminated, without noticenotice to the COMPANY. If the COMPANY terminates this Agreement for material breach, BRYT SOFTWARE shall refund to the COMPANY the prorated amount of the fees prepaid by the COMPANY that were to apply to the remainder of the unexpired term, as calculated from the termination date through the remainder of the unexpired term. Upon termination of this Agreement for any reason, (1) the SOFTWARE license will terminate, and the COMPANY, and any user accessing the SERVICES by means of the COMPANY account, if applicable, will cease to use or have access to the SERVICES, and (2) upon the COMPANY’S payment of the applicable fees for export, BRYT SOFTWARE will export the most recent COMPANY data in its sole discretion it determines doing so BRYT SOFTWARE’ standard data export format. BRYT SOFTWARE may, but is or could be necessary, useful, prudent or helpful in connection to responding not obligated to, investigatingdelete archived data, redressing, dealing with or otherwise addressing any actual, alleged, suspected or reasonably possible violation of law, harassment or incitement of others, mischief, breach but will not do so until thirty (30) days after the termination of this Agreement, infringement of rights (of Company or others), breach of obligations . Delinquent accounts must be brought to others or like circumstances. In the event of any such suspension or termination, except insofar as good standing in order for the Company has exempted You in writing, You must immediately delete from your computer, and otherwise destroy all copies of, any Application or component thereof You have installed on Your computer, and, in the case of a termination, otherwise comply with the “Effects Upon Termination” section of this Agreement, below. Co‐Branded Products: Without limiting Company’s rights pursuant to the foregoing paragraph of this Section 10, if your Subscription includes co‐branded products (as defined in the applicable co‐branding agreement between Company and a firm for whom you work or by whom you have been retained as an agent, broker, contractor or franchisee) or any other Company products or services incorporating trademarks or other intellectual property of a brokerage or other third party (collectively “Co‐Branded Products”), Company may, and you hereby agree that Company shall be entitled to, suspend or terminate your receipt of, access to and use of such Co‐Branded Products (or the co‐branded portions or areas thereof) and/or transition you to generic versions of those Co‐Branded Products at Company’s sole discretion and without any prior notice to youreceive data exports.

Appears in 1 contract

Samples: cdn.document360.io

Time is Money Join Law Insider Premium to draft better contracts faster.