Termination on Breach. Either party may terminate this Agreement if the other party materially breaches its obligations hereunder and such breach remains uncured for fifteen (15) days following notice to the breaching party of the breach or as otherwise provided in Section 10.
Termination on Breach. Either party may terminate this Agreement if the other party breaches any of its material obligations under this Agreement, unless cured within thirty (30) days following notice thereof.
Termination on Breach. In the event of a material breach of this Agreement by either party where no other remedy is specified, the non-breaching party may terminate this Agreement by giving the breaching party written notice of the breach and the non-breaching party's intention to terminate. This Agreement shall automatically terminate sixty (60) days after such notice, unless the breaching party cures or is making substantial progress in curing the breach or default before the expiration of the sixty (60) day period.
Termination on Breach. In the event of a material breach of the Agreement by either party, the non- breaching party may terminate the Agreement or any Sales Order affected by the breach by giving the breaching party written notice of the breach and the non-breaching party’s intention to terminate. If the breach has not been cured within the period ending 30 days after such notice, and if the non-breaching party provides written notice of termination to the breaching party (“Termination Notice”), then this Agreement or any such Sales Order will terminate within the time period specified in the Termination Notice. Notwithstanding the foregoing, (a) Customer’s failure to pay any overdue fees and expenses within 10 days of Mercero notifying Customer of the overdue payment, (b) Customer’s failure to provide a valid credit card within 10 days of Mercero’s request, or (c) Customer’s use of two or more Tenants in a manner that Mercero in its sole discretion determines is to avoid or reduce fees payable to Mercero, and which is not cured within 10 days of notification by Mercero, will each constitute a material breach of this Agreement; the default 30 day cure period described above is inapplicable to any breach under items (a), (b) or (c) above. If Customer has not cured a material breach within the applicable cure period (if any) then, without limiting Mercero’s rights to terminate as described above, Mercero may, on not less than 5 business days’ prior written notice to Customer, in its sole discretion, and without prejudice to its other rights following material breach and failure to cure, until such breach has been cured in full, do all or any of the following: (i) downgrade Customer to a “Free” Self- Service Plan); or (ii) suspend performance of some or all of Mercero’s obligations to provide Subscription Services under this Agreement. If Customer terminates this Agreement or any Sales Order for breach in accordance with this Section 8.2, then Mercero will refund to Customer a pro-rata amount of any affected Subscription Services fees prepaid to Mercero and applicable to the unutilized portion of the Subscription Term for terminated Subscription Services.
Termination on Breach. Each Party may terminate this Agreement upon material breach by the other Party of one or more of the terms and conditions of this Agreement, provided that the breaching Party is notified in writing of the material breach and such breach is not cured within ten (10) business days after receipt of such written notice. Termination for breach will not alter or affect the terminating Party’s right to exercise any other remedy for breach.
Termination on Breach. Either Licensee or Saxonica may terminate this Agreement prior to its expiration by written notice to the other party if the other party breaches any material term or condition of this Agreement and such breach remains uncorrected for thirty (30) days following written notice of the breach.
Termination on Breach. In the event of a material breach of any of the obligations of any Party under this Agreement, the non- defaulting Parties may elect:
Termination on Breach. This agreement shall remain in full force and effect unless cancelled by the Company under the following conditions:
Termination on Breach. Clearspan may terminate a Work Order on seven (7) days prior written notice to the Owner if the Owner fails to furnish reasonable evidence that sufficient funds are available and committed for the entire cost of the Project for that Work Order in accordance with Section 4.1.3 of this Agreement or fails to pay Clearspan in accordance with the terms of that Work Order unless said evidence or payment is either provided or made within said seven (7) day period.
Termination on Breach. In the event of a material breach or default under this Agreement by either party, the non-breaching party may terminate this Agreement by giving the breaching party written notice of the breach or default and the non-breaching party's intention to terminate. At the non-breaching party's sole and absolute discretion, the Agreement shall automatically terminate thirty (30) days after delivery of such notice, unless the breaching party cures the breach or default before the expiration of the thirty (30) day period. A material breach includes, without limitation, Licensee's failure to pay license fees when due.
