Termination by Customer for Convenience. The License grant is for an indefinite period and may not be terminated by NetBrain for convenience. However, Customer may terminate this Agreement and the License for any reason by providing NetBrain with ninety (90) days prior written notice. No refunds of License Fees or Maintenance and Support Fees will be provided for termination by Customer pursuant to this Section 5.2.
Termination by Customer for Convenience. Customer may terminate a Service for convenience at any time during its Service Term, subject to the early termination charge, if any, specified below; however, Customer must pay all amounts due and owing before the termination is effective. When requesting to disconnect a Service, Customer is responsible for delivering a disconnect completion notice for any and all cross-connects related to that Service; Customer will continue to be charged for the Service until the related cross-connect is disconnected.
Termination by Customer for Convenience. Customer may terminate any Launch Service under this Contract for any reason at its convenience following written notice to Contractor given at least thirty (30) days prior to the then-scheduled Launch Period or Launch Date. If Customer terminates a Launch Service under this Paragraph 21.1, Contractor shall be entitled to retain the Termination Charge set forth in Paragraph 21.8.
Termination by Customer for Convenience. Customer may terminate this Agreement or any Order Form effective on the last day of the sixth (6th) full calendar month after Customer provides Q2 with written notice of its intent to terminate this Agreement together with a payment equal to the percentage set forth in the table below of the total estimated remaining unpaid monthly processing fees calculated on the basis of an average of the total monthly fees invoiced for the three (3) months preceding the date of the termination notice multiplied by the number of months remaining in the then-current term, reduced to present value using a discount rate equal to the yield to maturity on 5-year United States treasury securities in effect on the date Customer sends notice of termination. If Customer has not yet been in production use of the Q2 Services for three (3) months as of the date of Customer’s notice of termination, the calculation of remaining fees shall be based on the contracted minimum monthly fees to be charged to Customer hereunder. In addition to the foregoing, Customer shall pay Q2 (i) all unpaid amounts due and owing to Q2 under this Agreement from the Effective Date up to and including the Termination Date; (ii) the then net book value of all software and hardware acquired by Q2 to perform the Q2 Services on Customer’s behalf during the Term or any Renewal Term, if any; (iii) the out-of-pocket costs of Q2 incurred in acquiring any Third Party services on Customer’s behalf and any associated termination costs; and (iv) any applicable de-conversion costs. No refund of fees shall be made to Customer. Termination Effective During Initial or Renewal Term Percentage ******* ******
Termination by Customer for Convenience. Prior to each Launch Service, and provided that Customer is not at the time in default of Section 4.4, Customer may terminate this Contract, or any Launch Service(s) under this Contract, for any reason. In the event that Customer exercises its right of termination pursuant to this Section 17.1, Contractor will be entitled to retain the amount specified in Table 17-1 below as of the date of such termination(s) of an applicable Launch Service. If Customer chooses to terminate the entire Contract pursuant to this Section 17.1, the amount set forth in Table 17-1 that Contractor is entitled to retain shall be equal to the cumulative amount associated with the termination of each Launch Service and the Non-Recurring Price under this Contract. Within [***…***] Days of the date of the termination, Contractor will refund the balance, if any, of payments received by Contractor for the terminated Launch Service(s) which are in excess of the applicable amount reflected in the table below. In the event that payments received by Contractor as of the date of Customer termination hereunder are less than the amount reflected in Table 17-1 below, Customer shall, within [***…***] Days, remit to Contractor any balance owed. The applicable amount set forth in Table 17-1 for a termination is the fee charged to excuse Customer’s performance. Customer and Contractor agree that the applicable amount set forth below does not constitute a penalty or estimate of future damages, but is a reasonable fee for Contractor excusing Customer performance at various points in time (“Termination Fee”). COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [***. . .***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. TABLE 17-1 DATE OF TERMINATION BY CUSTOMER TERMINATION FEE AS A PERCENTAGE OF THE APPLICABLE LAUNCH SERVICE(S) PRICE (RECURRING) TERMINATION FEE AS A PERCENTAGE OF THE APPLICABLE LAUNCH SERVICE(S) PRICE (NON- RECURRING) [***…***] to [***…***] months [***…***]% at [***…***] increasing to [***…***]% at [***…***] months [***…***] will result in a Fee Equal Termination at any time will result in a Fee Equal to [***…***] with respect to Non-Recurring Launch Service [***…***]. [***…***] months to [***…***] months [***…***]% at [***…***] months [***…***] increasing to [***…***]% at [***…***] months [***…***] months to [***…***] months [***…***]% at [***…***] months [***…***] increa...
Termination by Customer for Convenience. Customer may, at any time and without cause, terminate any Service upon thirty (30) days written notice to DataBank, provided the following: (i) if Customer terminates any Service prior to the applicable Service Commencement Date, Customer shall reimburse DataBank for all costs of implementation of terminated Service; or (ii) if Customer terminates any Service after the applicable Service Commencement Date, Customer shall immediately pay DataBank (a) all charges for Services previously rendered, and (b) fifty percent (50%) of the fees due DataBank from Customer for the remaining term if terminated in the first year of the Initial Term, and thirty three percent (33%) of the fees due DataBank from Customer for the remaining term of the Initial Term if terminated in the second year or third year. During any Renewal Term, Customer may, at any time and without cause, terminate any Service upon thirty (30) days written notice to DataBank, provided, Customer shall immediately pay DataBank an amount equal to fifty percent (50%) of the fees due DataBank from Customer for the remaining balance of the then current Renewal Term. Customer acknowledges that DataBank will suffer damages if a Service is terminated prior to the expiration of the Initial Term or any Renewal Term as the case may be and that the aforementioned payment is a genuine pre-estimate of liquidated damages that DataBank will suffer and not a penalty.
Termination by Customer for Convenience. Customer may terminate any Program License at any time upon written notice to Siebel.
Termination by Customer for Convenience. Customer may terminate any subscription, any Schedule, any Project Authorization or this Agreement in its entirety, at any time upon written notice to Idaptive.
Termination by Customer for Convenience. You may terminate this Agreement, or a portion of License(s), for your convenience prior to the expiration of this Agreement provided you request such termination in writing to us and pay us, within thirty (30) days of the effective date of termination, the Early Termination Fees. The parties agree that the Early Termination Fees are a reasonable estimate of anticipated actual damages and not a penalty. For clarity, if you terminate the Agreement, all of your License(s) will be deemed to have been also terminated by you.
Termination by Customer for Convenience. Customer may, at any time and without cause, terminate any Service upon thirty (30) days written notice to Vendor, provided the following: (i) if Customer terminates any Service prior to the applicable Service Commencement Date, Customer shall reimburse Vendor for all costs of implementation of terminated Service; or (ii) if Customer terminates any Service after the applicable Service Commencement Date, Customer shall immediately pay Vendor (a) all charges for Services previously rendered, and (b) the monthly amount due for the terminated Services times the number of months remaining on the applicable term. Customer acknowledges that Vendor will suffer damages if a Service is terminated prior to the expiration of the Initial Term or any Renewal Term as the case may be and that the aforementioned payment is a genuine pre-estimate of liquidated damages that Vendor will suffer and not a penalty.
