Common use of Termination; Non-Renewal Clause in Contracts

Termination; Non-Renewal. A party may terminate these Terms of Service and all outstanding and effective Order Forms if the other party breaches any material term of these Terms of Service and fails to cure such breach within the 30 days following the date of written notice identifying such breach. If the non-breaching party fails to terminate within a reasonable period following such 30-day period, then it will be deemed to have waived its termination right with respect to such uncured breach. Customer will only receive one such cure period per calendar year for a breach based on a past due amount, and such cure must include payment for any accrued interest. If Limelight exercises its termination right for any reason, it will immediately cease to provide Services, and all amounts outstanding under the Order Form(s), including all committed Fees for the remainder of the then-current Initial Term or Renewal Term, as applicable, will become immediately due and payable as of the date of termination. Within the 30 days following termination for any reason or non-renewal by either party, Customer must, at its own expense, remove Content related to the terminated or non-renewed Order Form (“Ineligible Content”) from Limelight's network, by using file transfer methods then-available to Customer for the terminated Services. AFTER SUCH 30-DAY PERIOD, LIMELIGHT WILL DELETE OR OTHERWISE REMOVE ALL INELIGIBLE CONTENT, AND CUSTOMER WILL THEREAFTER HAVE NO RIGHT OR ABILITY TO RETRIEVE SUCH CONTENT AND LIMELIGHT WILL HAVE NO RESPONSIBILITY OR LIABILITY ASSOCIATED WITH SUCH CONTENT. CUSTOMER WILL BE RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH LIMELIGHT’S REMOVAL OF INELIGIBLE CONTENT.

Appears in 5 contracts

Samples: Terms of Service, Terms of Service, Terms of Service

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Termination; Non-Renewal. A party may terminate these Terms of Service and all outstanding and effective Order Forms if the other party breaches of any material term of these Terms of Service and fails to cure such breach within the 30 days following the date of written notice identifying of such breach. If the non-breaching party fails to terminate within a reasonable period following such 30-day period, then it will be deemed to have waived its termination right with respect to such uncured breach. Customer will only receive one such cure period per calendar year for a breach based on a past due amount, and such cure must include payment for any accrued interest. If Limelight exercises its termination right for any reason, it will immediately cease to provide Services, and all amounts outstanding under the Order Form(s), including all committed Fees fees for the remainder of the then-current Initial Term or Renewal Term, as applicable, will become immediately due and payable as of the date of termination. Within the 30 days following termination for any reason or non-non- renewal by either party, Customer must, at its own expense, remove Content related to the terminated or non-renewed Order Form (“Ineligible Content”) from Limelight's network, by using file transfer methods then-available to Customer for the terminated Services. AFTER SUCH 30-DAY PERIOD, LIMELIGHT WILL DELETE OR OTHERWISE REMOVE ALL INELIGIBLE CONTENT, AND CUSTOMER WILL THEREAFTER HAVE NO RIGHT OR ABILITY TO RETRIEVE SUCH CONTENT AND LIMELIGHT WILL HAVE NO RESPONSIBILITY OR LIABILITY ASSOCIATED WITH SUCH CONTENT. CUSTOMER WILL BE RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH LIMELIGHT’S REMOVAL OF INELIGIBLE CONTENT.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

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Termination; Non-Renewal. A party may terminate these Terms of Service and all outstanding and effective Order Forms if the other party breaches any material term of these Terms of Service and fails to cure such breach within the 30 days following the date of written notice identifying such breach. If the non-breaching party fails to terminate within a reasonable period following such 30-day period, then it will be deemed to have waived its termination right with respect to such uncured breach. Customer will only receive one such cure period per calendar year for a breach based on a past due amount, and such cure must include payment for any accrued interest. If Limelight exercises its termination right for any reason, it will immediately cease to provide Services, and all amounts outstanding under the Order Form(s), including all committed Fees for the remainder of the then-current Initial Term or Renewal Term, as applicable, will become immediately due and payable as of the date of termination. Within the 30 days following termination for any reason or non-renewal by either party, Customer must, at its own expense, remove Content related to the terminated or non-renewed Order Form (“Ineligible Content”) from Limelight's network, by using file transfer methods then-available to Customer for the terminated Services. AFTER SUCH 30-DAY PERIOD, LIMELIGHT WILL DELETE OR OTHERWISE REMOVE ALL INELIGIBLE CONTENT, AND CUSTOMER WILL THEREAFTER HAVE NO RIGHT OR ABILITY TO RETRIEVE SUCH CONTENT AND LIMELIGHT WILL HAVE NO RESPONSIBILITY OR LIABILITY ASSOCIATED WITH SUCH CONTENT. CUSTOMER WILL BE RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH LIMELIGHT’S REMOVAL OF INELIGIBLE CONTENT.

Appears in 1 contract

Samples: Terms of Service

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