Withdrawal of Licensed Materials. The Publisher reserves the right to withdraw from the Licensed Materials any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful, or otherwise objectionable. The Distributor shall ensure that the Publisher will give prior written notice of the withdrawal to the Licensee and the Participating Institutions as soon as is practicable, but in no event less than thirty (30) days in advance of such withdrawal, specifying the item or items to be withdrawn.
Withdrawal of Licensed Materials. The Licensor reserves the right to withdraw from the Licensed Materials any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful, or otherwise objectionable. The Licensor shall give prior written notice of the withdrawal to the Licensee and the Participating Institutions as soon as is practicable, but in no event less than thirty (30) days in advance of such withdrawal, specifying the item or items to be withdrawn.
Withdrawal of Licensed Materials. Licensor reserves the right to withdraw from the Licensed Materials any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable. Licensor shall give written notice to the Licensee of such withdrawal no later than 30 days following the removal of any item pursuant to this Section. If any such withdrawal renders the Licensed Materials less useful to Licensee or its Authorized Users, Licensor shall reimburse Licensee in an amount that the withdrawal is proportional to the total payment owed by Licensee under this Agreement.
Withdrawal of Licensed Materials. Licensor shall give written notice of any intention to withdraw any part of the Licensed Materials from their Server in accordance with Section 5.2 of this License. Licensor may request that the Licensee and Member Institutions remove an item or part(s) of the Licensed Materials present on the server(s) operated by the Service Provider by providing detailed rationale in writing to the Licensee and Member Institutions no less than sixty (60) days prior to the scheduled date of removal from Licensor's Server. Licensor shall not knowingly cause the removal or deletion of any part of the Licensed Materials on the Server(s) operated by the Service Provider through the use of data loads or any related data delivery mechanisms or processes. Licensee and Member Institutions retain the right to archive and continue to provide access to the withdrawn Licensed Material provided that a permanent note, xxxx or URL link is made indicating that the Licensed Material has been removed from the Licensor's Servers. Where possible, a link will be made from the Server(s) operated by the Service Provider to the Licensor's Server to provide the rationale as to why the Licensed Material was removed.
Withdrawal of Licensed Materials. Licensor reserves the right to withdraw from the Licensed Materials any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable. Licensor shall give written notice of the withdrawal to the Licensee as soon as is practicable, but in no event less than thirty (30) days in advance of withdrawal, specifying the item or items to be withdrawn. If any such withdrawal renders the Licensed Materials less useful to Licensee or its Authorized Users, Licensor shall reimburse Licensee for the withdrawal in an amount proportional to the total Fees owed by Licensee for the Licensed Materials under this Agreement. If any such withdrawal renders the Licensed Materials substantially less useful to Licensee or its Authorized Users, Licensee may seek to terminate this Agreement for breach pursuant to the termination provisions in Section 6, below.
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. ADDITION TO THE LICENSED MATERIALS. Licensor reserves the right to add new materials to the Licensed Materials. Licensor shall give written notice to Licensee of such new materials. Any fees arising from the addition of new materials, not otherwise contemplated in Schedule 2 to be added from time to time, shall be the subject of negotiation and Licensor and Licensee must mutually agree and consent to any increase (if any) in the License Fees for subsequent years arising from the addition of new materials as Licensed Materials.
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. The Licensor reserves the right at any time to withdraw from the Licensed Materials any item or part of an item for which it no longer retains the right to publish and for which the Licensor has been unable to secure the provisions as set out in Section 6.10, or any item or part of an item for which the Licensor has reasonable grounds to believe it infringes copyright or is defamatory, or otherwise unlawful in nature from the Licensor's servers. The Licensor shall give written notice to the Licensee of such withdrawal. If the withdrawn material represents more than ten per cent (10%) of the Licensed Materials the Licensor shall make a pro rata refund of part of the Fee to the Licensee, taking into account the amount of material withdrawn. Withdrawal of Licensed Materials from the Licensee's Servers shall be governed by the provisions set out in Appendix 1. In the case where a request for permanent removal of Licensed Materials is made by the Licensor, the Licensee will remove the Licensed Materials from public access on the Licensee’s platform and provide sufficient explanation as to the reasons for its removal.
Withdrawal of Licensed Materials. Licensor reserves the right to remove content from the Licensed Materials for any reason, as determined in Licensor’s sole discretion. Licensee agrees to destroy any and all copies of any portion of the Licensed Materials upon request by Licensor.
Withdrawal of Licensed Materials. Licensor reserves the right to withdraw from the Licensed Materials any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable. Licensor shall give written notice to the Licensee of such withdrawal no later than [time period] following the removal of any item pursuant to this section. If any such withdrawal renders the Licensed Materials less useful to Licensee or its Authorized Users, Licensor shall reimburse Licensee in an amount that the withdrawal is proportional to the total Fees owed by Licensee under this Agreement. If any such withdrawal renders the Licensed Materials substantially less useful to Licensee or its Authorized Users, Licensee may seek to terminate this Agreement pursuant to the early termination provisions of Section 6 and may seek any appropriate legal or equitable remedy.
