Termination by Either. Party Either party may terminate this Agreement with immediate effect by giving notice to the other party if: the other party breaches any of its obligation under this Agreement capable of remedy and fails to remedy that breach within fourteen (14) days after receiving notice requiring it to do so; the other party breaches any of its obligations under this Agreement incapable of remedy; or the other party files for protection under bankruptcy laws, makes an assignment for the benefit of creditors, appoints or suffers appointment of a receiver or trustee over its property, files a petition under any bankruptcy or insolvency act or has any such petition filed against it which is not discharged within sixty (60) days of the filing thereof or admits in writing its inability to pay its debt generally as they become due. Termination by Nearmap Regardless of anything else in the Agreement but subject to section 4.4, Nearmap has the right, in its absolute discretion and upon giving the Licensee 10 Business Days’ notice, to terminate the Agreement and the License. Consequences If the Agreement is terminated under sections 6.2 or 6.3 or expires at the end of the Term: the License immediately terminates and the Products will no longer be available to the Licensee; The Licensee must immediately destroy, delete or return to Nearmap all Products; and subject to section 7.3, the Licensee and the Authorized Users are not permitted to use any Products for any purpose. Costs Nearmap reserves all rights following termination of this Agreement, including any rights available to Nearmap to collect any outstanding Fees which may be owed by the Licensee. The Licensee will be liable for any reasonable legal costs incurred by Nearmap in enforcing its rights following termination of this Agreement. Continuing obligations After expiry or termination of the Agreement or a License, sections 1.5, 2, 7, 8, 9, 10, 13, 14, 15, and 17 will still be binding on the Licensee in relation to Products licensed or obtained during the Term. INTELLECTUAL PROPERTY Ownership Unless otherwise indicated, the Website, the Products and all associated Intellectual Property Rights, data, information and software are owned by Nearmap and are protected by copyright, moral rights, trademark and other laws relating to the protection of intellectual property. Nearmap reserves all of its Intellectual Property Rights. Except for the limited License granted to the Licensee in section 1.1, no ownership or Intellect...
Termination by Either. PARTY This Agreement may be terminated by either Owner or Agent, with or without cause, at the end of the initial term or of any following term year upon the giving of 30 days' written notice prior to the end of said initial term or following terming year.
Termination by Either. PARTY In the event that this Agreement is terminated by either party, in whole or in part, as provided in Sections 14.3 or 14.4: 14.5.1.1 It is the intention of the parties that except in the circumstances described in Section 14.5.1.2 below, all technology license rights and manufacturing rights described in this Agreement will survive the -------------------------------------------------------------------------------- PAGE 36 OF 42
Termination by Either. Optify Mediaforce or the Customer
Termination by Either. PARTY Either party may terminate the Agreement upon written notice if the other party materially breaches any of its obligations hereunder, through no fault of the terminating party, and fails to cure such breach within seven (7) days of receiving notice thereof.
Termination by Either the Company or the E2E Representatives. (a) This Agreement may be terminated and the Exchange may be abandoned by (i) the mutual, written agreement of the E2E Representatives and the Company, (ii) by either the E2E Representatives or the Company if (x) the Exchange shall not have been consummated by 5:00 p.m. Eastern Time on the date 45 days after the date hereof, provided that the party seeking to terminate this Agreement pursuant to this clause (ii) is not in breach of this Agreement (or in the case of the E2E Representatives, neither they nor any of the other E2E Stockholders are in breach of this Agreement), or (y) a Government Entity shall have issued an Order or taken any other action permanently restraining, enjoining or otherwise prohibiting the transactions contemplated by this Agreement and such Order or other action shall have become final and nonappealable; provided, that the party or parties seeking to terminate this Agreement pursuant to this clause (ii)(y) shall have used all reasonable efforts to remove such Order.
Termination by Either. Party in First Four Months. Either party may terminate this Agreement effective as of April 30, 2001, upon 10 days' written notice to the other party.
Termination by Either. Party Notwithstanding anything herein contained to the contrary, either party, as applicable, shall have the right, in addition and without prejudice to any other rights or remedies, to terminate this Agreement as follows:
Termination by Either. PARTY This Agreement may be terminated by either Purchaser or Benedek, if not then in default hereunder, upon written notice to the other upon the occurrence of any of the following:
Termination by Either the Buyer or the Target. This Agreement may be terminated by action of either the Buyer, the Transitory Subsidiary or the Target if any court of competent jurisdiction in the United States or some other Governmental Body or regulatory authority shall have issued an order, decree or ruling or taken any other action permanently restraining, enjoining or otherwise prohibiting the transaction.
