Common use of Withdrawal of Licensed Materials Clause in Contracts

Withdrawal of Licensed Materials. Licensor reserves the right at any time to withdraw from the Licensed Material any item or part of an item for which it no longer retains the right to publish and for which Licensor has been unable to meet the requirements of Clause 6.8 [Archiving and Preservation] and 6.10 [Addition to Licensed Materials], or any item or part of an item for which Licensor has legal grounds to allege infringement of copyright or defamation. Licensor shall give written notice to Licensee of such withdrawal. If the withdrawn material represents more than ten per cent (10%) of the Licensed Material then available under this Agreement Licensor shall make a pro rata refund of part of the License Fee to Licensee, taking into account the amount of material withdrawn and the remaining unexpired portion of the Subscription Period. Withdrawal of Licensed Materials from Servers shall be governed by the provisions set out by signing of the separate Local Archiving and Hosting of Licensed Materials Agreement. If the modification results in the content being no longer useful to Member Institutions, the Licensee and Member Institutions may within thirty (30) days of such notice treat such changes as a breach of this License. If any Licensed Materials are permanently removed from Licensor’s servers, Licensor shall make a permanent note or xxxx indicating that the Licensed Materials were removed and providing sufficient explanation as to the reasons for its removal.

Withdrawal of Licensed Materials. Licensor reserves the right at any time to withdraw from the Licensed Material any item or part of an item for which it no longer retains the right to publish and for which Licensor has been unable to meet the requirements of Clause 6.8 [Archiving and Preservation] and 6.10 [Addition to Licensed Materials], or any item or part of an item for which Licensor has legal grounds to allege infringement of copyright or defamation. Licensor shall give written notice to Licensee of such withdrawal. If the withdrawn material represents more than ten per cent (10%) of the Licensed Material then available under this Agreement Licensor shall make a pro rata refund of part of the License Fee to Licensee, taking into account the amount of material withdrawn and the remaining unexpired portion of the Subscription Period. Withdrawal of Licensed Materials from Servers shall be governed by the provisions set out by signing of the separate Local Archiving and Hosting of Licensed Materials Agreement. If the modification results in the content being no longer useful to Member Institutions, the Licensee and Member Institutions may within thirty (30) days of such notice treat such changes as a breach of this License. If any Licensed Materials are permanently removed from Licensor’s servers, Licensor shall make a permanent note or xxxx mark indicating that the Licensed Materials were removed and providing sufficient explanation as to the reasons for its removal.

Withdrawal of Licensed Materials. Licensor reserves the right at any time to withdraw from the Licensed Material any item or part of an item for which it no longer retains the right to publish and for which Licensor has been unable to meet the requirements of Clause 6.8 6.4 [Archiving and PreservationArchiving] and 6.10 6.7 [Addition to Licensed Materials], or any item or part of an item for which Licensor has legal grounds to allege infringement of copyright or defamation. Licensor shall give written notice to Licensee of such withdrawal. If the withdrawn material represents more than ten per cent (10%) of the Licensed Material then available under this Agreement Licensor shall make a pro rata refund of part of the License Fee to Licensee, taking into account the amount of material withdrawn and the remaining unexpired portion of the Subscription Period. Withdrawal of Licensed Materials from Servers shall be governed by the provisions set out by signing of the separate Local Archiving and Hosting of Licensed Materials Agreement. If the modification results in the content being no longer useful to Member Institutions, the Licensee and Member Institutions may within thirty (30) days of such notice treat such changes as a breach of this License. If any Licensed Materials are permanently removed from Licensor’s servers, Licensor shall make a permanent note or xxxx mark indicating that the Licensed Materials were removed and providing sufficient explanation as to the reasons for its removal.