Term of Agreement 6 Sample Clauses

Term of Agreement 6. 1. Term This Agreement is effective as of the Effective Date and expires at such time as all license and subscriptions hereunder have expired in accordance with their own terms (the "Term"). You may also terminate this Agreement at any time by permanently deleting the Software in its entirety. Either party may terminate this Agreement (including all related Order Forms) if the other party: (a) fails to cure any material breach of this Agreement within thirty (30) days after written notice of such breach; (b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against such party (and not dismissed within sixty (60) days). If you have entered into a separate written agreement with Trimble which governs the Software and that agreement is terminated, then this Agreement automatically terminates and you shall no longer have any right to use the Software. Termination is not an exclusive remedy and the exercise by either party of any remedy under this Agreement will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise. For clarity, even if you have entered into an Order Form with a Trimble Supplier, you agree that Trimble is a third party beneficiary to that Order Form and has the right to terminate this Agreement as set forth in this Section 6 (Term of Agreement). 6.2. Termination Upon any expiration or termination of this Agreement, you shall cease any and all use of any Software and destroy all copies thereof and so certify to Trimble in writing. 6.3. Survival Sections 2.5 (License Restrictions), 4 (Ownership), 5 (Payment), 6.3 (Survival), 7 (Warranty Disclaimers), 9 (Indemnity), 10 (Limitation of Remedies and Damages), 11 (Confidential Information), 12 (Export Compliance; Compliance with Laws), and 13 (General) shall survive any termination or expiration of this Agreement. 7. Warranty Disclaimers THE SOFTWARE AND ALL SERVICES ARE PROVIDED "AS IS." NEITHER TRIMBLE NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, CONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TRIMBLE MAKES NO WARRANTY (i) THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THAT THE SOFTWARE WILL BE ERROR-FREE OR BUG-FREE, (iii) REGARDING THE SECURITY, REL...
Sample 1
AutoNDA by SimpleDocs
Term of Agreement 6. 1 The term of this Agreement is three (3) years, September 1, 1997 to August 31, 2000, unless terminated earlier pursuant to its terms. This Agreement shall automatically renew for twelve (12) month periods, if not otherwise terminated, unless either party notifies the other in writing of its intentions not to renew. Such notice, to be effective, must be given no later than sixty (60) days before the Term is due to expire. In the event that the Agreement is automatically renewed, Sales Minimums shall be increased by a mutually agreed upon number. 6.2 In the event of a material default by either party in the performance of its duties, obligations, or undertakings under this Agreement, the other party shall have the right to give written notice to the defaulting party advising such party of the specific default involved. A material default hereunder shall include, but not be limited to, Alliance's failure to perform its obligations set forth in paragraphs 3.2 and 3.3 herein. If within thirty (30) days after such notice, the defaulting party has not remedied such default, the other party shall have the right to terminate this Agreement immediately upon giving written notice of termination to the defaulting party. 6.3 Either party may immediately terminate this Agreement at any time by giving written notice of such termination in the event the other party (i) becomes insolvent, institutes or permits to be instituted against it any proceedings seeking receivership, trusteeship, bankruptcy, reorganization, arrangement, readjusting of debt, assignment for the benefit of creditors, or other similar proceedings under any applicable law; or (ii) becomes involved in a merger, is acquired by another party, sells substantially all of its assets, or is involved in a similar transaction. In the event of such, Alliance and Members will assume responsibility for paying all outstanding Alliance and Members invoices. 6.4
Sample 1
Term of Agreement 6. 1 The parties agree that the term of this Agreement, and Xxxxxx' service hereunder, shall commence on the date hereof and continue until July 25, 1999, unless earlier terminated pursuant to the provisions of Paragraph 7. 7.0
Sample 1
Term of Agreement 6 
Sample 1Sample 2

Related to Term of Agreement 6

  • Term of Agreement This Agreement shall continue in full force and effect until the tenth (10th) anniversary of Bank Closing; provided, that the provisions of Section 6.3 and 6.4 shall survive the expiration of the term of this Agreement; and provided further, that the receivership of the Failed Bank may be terminated prior to the expiration of the term of this Agreement, and in such event, the guaranty of the Corporation, as provided in and in accordance with the provisions of Section 12.7 shall be in effect for the remainder of the term of this Agreement. Expiration of the term of this Agreement shall not affect any claim or liability of any party with respect to any (i) amount which is owing at the time of such expiration, regardless of when such amount becomes payable, and (ii) breach of this Agreement occurring prior to such expiration, regardless of when such breach is discovered.

  • Term of Agreement Miscellaneous 13.1 Term.

  • Term of Agreement; Amendment This Agreement shall become effective as of the date first written above and will continue in effect for a period of three (3) years. This Agreement may be terminated by either party upon giving 90 days prior written notice to the other party or such shorter period as is mutually agreed upon by the parties. Notwithstanding the foregoing, this Agreement may be terminated by any party upon the breach of the other party of any material term of this Agreement if such breach is not cured within 15 days of notice of such breach to the breaching party. This Agreement may not be amended or modified in any manner except by written agreement executed by USBFS and the Trust, and authorized or approved by the Board of Trustees.

  • Term of Agreement and Termination 2.1. This Agreement enters into effect at the time of acceptance of this Agreement.

  • Effective Date and Term of Agreement This Agreement is effective and binding on the Company and Employee as of the date hereof; provided, however, that, subject to Section 2(d), the provisions of Sections 3 and 4 shall become operative only upon the Change in Control Date.

  • Term of Agreement; Termination The term of this Agreement shall commence on the date hereof and such term and this Agreement shall terminate upon the earlier to occur of (i) the Effective Time, and (ii) the date on which the Merger Agreement is terminated in accordance with its terms. Upon such termination, no party shall have any further obligations or liabilities hereunder; PROVIDED, HOWEVER, such termination shall not relieve any party from liability for any breach of this Agreement prior to such termination.

  • EFFECTIVE DATE; TERM OF AGREEMENT This Agreement shall become effective as of April 5, 2005 (the "Effective Date"). Executive's employment shall continue on the terms provided herein until April 4, 2008 (the "End Date"), subject to earlier termination as provided herein (such period of employment hereinafter called the "Employment Period").

  • Conditions Term of Agreement 37 3.1 Conditions Precedent to the Initial Extension of Credit.................37 3.2 Conditions Subsequent to the Initial Extension of Credit................40 3.3 Conditions Precedent to all Extensions of Credit........................40 3.4 Term....................................................................41 3.5

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