Common use of Term and Termination Clause in Contracts

Term and Termination. 9.1 Services shall be provided for the Services Period defined in Your order. 9.2 We may suspend Your or Your Users’ access to, or use of, the Services if we believe that: (a) there is a significant threat to the functionality, security, integrity, or availability of the Services or any content, data, or applications in the Services; (b) You or Your Users are accessing or using the Services to commit an illegal act; or (c) there is a violation of the Acceptable Use Policy. When reasonably practicable and lawfully permitted, we will provide You with advance notice of any such suspension. We will use reasonable efforts to re-establish the Services promptly after we determine that the issue causing the suspension has been resolved. During any suspension period, we will make Your Content (as it existed on the suspension date) available to You. Any suspension under this section shall not excuse You from Your obligation to make payments under the Master Agreement. 9.3 If either of us breaches a material term of the Master Agreement or any order, and fails to correct the breach within 30 days of written specification of the breach, then the breaching party is in default and the non-breaching party may terminate (a) in the case of breach of any order, the order under which the breach occurred; or (b) in the case of breach of the Agreement, the Agreement and any orders that have been placed under the Agreement. If Oracle terminates any orders as specified in the preceding sentence, You must pay within 30 days all amounts that have accrued prior to such termination, as well as all sums remaining unpaid for the Services under such order(s) plus related taxes and expenses. Except for nonpayment of fees, the nonbreaching party may agree in its sole discretion to extend the 30 day period for so long as the breaching party continues reasonable efforts to cure the breach. You agree that if You are in default under the Master Agreement, You may not use those Services ordered. 9.4 At the end of the Services Period, we will make Your Content (as it existed at the end of the Services Period) available for retrieval by You during a retrieval period set out in the Service Specifications. At the end of such retrieval period, and except as may be required by law, we will delete or otherwise render unrecoverable any of Your Content that remains in the Services. Our data deletion practices are described in more detail in the Service Specifications.

Term and Termination. 9.1 Services The term of this Agreement shall be provided commence on the date You first accept this Agreement in the Service and extend for an initial period of one (1) year following the Services Period defined initial activation date of Your Service account by Apple. Thereafter, subject to Your compliance with the terms of this Agreement, the term of this Agreement will automatically renew for successive one (1) year terms, unless sooner terminated in Your order. 9.2 We accordance with this Agreement. Either party may suspend Your terminate this Agreement for its convenience, for any reason or Your Users’ access tono reason, effective 30 days after providing the other party with written notice of its intent to terminate. If You fail, or use ofApple suspects that You have failed, to comply with any of the Services if we believe that: provisions of this Agreement, Apple, at its sole discretion, without notice to You may: (a) there is a significant threat to the functionality, security, integrity, or availability of the Services or any content, data, or applications in the Servicesterminate this Agreement and/or Your account; and/or (b) suspend or preclude access to the Service (or any part thereof). Apple reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time without notice to You, and Apple will not be liable to You or to any third-party should it exercise such rights. Apple may also terminate this Agreement, or suspend Your rights to use the Services, if You fail to accept any new Agreement terms as described in Section 4. You acknowledge and agree that You may not be able to access the Service upon expiration or termination of this Agreement and that Apple reserves the right to suspend access to or delete data or information that You, Your Administrators, Authorized Users, Permitted Entities, or Permitted Users are accessing or using the Services to commit an illegal act; or (c) there is a violation have stored through Your use of the Acceptable Use PolicyService. When reasonably practicable You should review the Documentation prior to using any part of the Service and lawfully permitted, we make appropriate back-ups of Your data and information. Apple will provide not be liable or responsible to You with advance notice or to any third party should it exercise such rights or for any damages that may result or arise out of any such termination or suspension. We will use reasonable efforts to re-establish The following provisions shall survive the Services promptly after we determine that termination of this Agreement: Section 1, the issue causing second sentence of Section 2.9, Section 2.10, the suspension has been resolved. During any suspension periodsecond sentence of Section 2.11, we will make Your Content (as it existed on Section 3, Section 5, the suspension date) available to You. Any suspension under this section shall not excuse You from Your obligation to make payments under the Master Agreement. 9.3 If either second paragraph of us breaches a material term of the Master Agreement or any orderSection 6, and fails to correct the breach within 30 days of written specification of the breachSections 7, then the breaching party is in default and the non-breaching party may terminate (a) in the case of breach of any order8, the order under which the breach occurred; or (b) in the case of breach of the Agreement, the Agreement and any orders that have been placed under the Agreement. If Oracle terminates any orders as specified in the preceding sentence, You must pay within 30 days all amounts that have accrued prior to such termination, as well as all sums remaining unpaid for the Services under such order(s) plus related taxes and expenses. Except for nonpayment of fees, the nonbreaching party may agree in its sole discretion to extend the 30 day period for so long as the breaching party continues reasonable efforts to cure the breach. You agree that if You are in default under the Master Agreement, You may not use those Services ordered. 9.4 At the end of the Services Period, we will make Your Content (as it existed at the end of the Services Period) available for retrieval by You during a retrieval period set out in the Service Specifications. At the end of such retrieval period9, and except as may be required by law, we will delete or otherwise render unrecoverable any of Your Content that remains in the Services. Our data deletion practices are described in more detail in the Service Specifications10.