Effects of Termination definition

Effects of Termination. Upon termination or expiration of this Agreement: (a) Licensee will: (i) immediately cease use of the Software Product and Cloud Services; (ii) return the Software and all copies thereof, as well as the Documentation to Incredibuild; (iii) erase or otherwise destroy all copies of the Software in its possession, which is fixed or resident in the memory or hard disks of its computers and certify in writing to Incredibuild that all copies (including partial copies) of the Software Product, Cloud Services and related Documentation have been returned to Incredibuild or otherwise erased, destroyed and deleted from any computer libraries or storage devices; and (v) return to Incredibuild any and all Confidential Information then in its possession; (b) Incredibuild will delete Licensee’s Virtual Private Cloud, including its entire content. Notwithstanding anything to the contrary, it is Licensee’s sole responsibility to check and verify that the entire content of Licensee’s Virtual Private Cloud (has been deleted and to remove the permission that Licensee provided to Incredibuild to manage its Virtual Private Cloud. Incredibuild is not responsible for any costs that may arise due to Licensee’s failure to delete and remove content from its Virtual Private Cloud. Termination of this Agreement shall be without prejudice to the rights and remedies of either Party which have accrued up to the date of termination. Sections 5 (Intellectuall Property Rights), 9 (Confidentiality), 10 (Limited Warranties), 11 (Limitation of Liability), 15 (Usage Audit) and 17 (Miscellaneous) shall survive the termination of this Agreement.
Effects of Termination. SURVIVAL: (a) Expiration or termination of this Agreement shall not relieve the parties of any obligation accruing prior to or upon such expiration or termination. Accordingly, Subsections 7.03 and 7.04 and Section 9 shall survive expiration or termination of this Agreement and neither party shall be relieved of any payment obligation that may have accrued prior to or subsequent to such expiration or termination. (b) Upon an early termination of this Agreement, DEKALB and its Affiliates and International Associates and sublicensees shall be entitled to sell remaining inventories of any Licensed DEKALB Corn Products which are already in its or their possession or then under production, and MONSANTO and its Affiliates and International Associates and sublicensees shall be entitled to sell remaining inventories of any Licensed MONSANTO Corn Products which are already in its or their possession or then under production. Such sales shall be in accordance with this Agreement, and the parties shall continue to be obligated to make all applicable payments hereunder. Thereafter (A) any remaining Licensed DEKALB Corn Products which are not intended to be sold, and all materials and information relating to or provided by MONSANTO, if any, shall be destroyed or shall be returned, respectively, and the destruction shall be certified to MONSANTO by a representative of DEKALB and (B) any remaining Licensed MONSANTO Corn Products which are not intended to be sold, and all materials and information relating to or provided by DEKALB, if any, shall be destroyed or shall be returned, respectively, and the destruction shall be certified to DEKALB by a representative of MONSANTO.
Effects of Termination. (i) In the event this Agreement is terminated in accordance with Paragraph 13(b)(ii) above, the Engine License granted in Paragraph 3 hereinabove, shall be revoked and Blizzard shall pay to Developer a termination fee in the amount of one hundred, twenty-five thousand dollars ($125,000)."

Examples of Effects of Termination in a sentence

  • Notwithstanding any provision of this PPP Agreement, on service of a notice of termination, this PPP Agreement shall only terminate in accordance with the provisions of this Clause 30 (Effects of Termination).

  • In addition to any outstanding payment obligations of Licensee, each party’s rights and obligations under the following provisions of this Agreement shall indefinitely survive the termination of this Agreement: Sections 6 (Intellectual Property); 7 (Confidentiality); 9 (Disclaimers); 10 (Limitation of Liability), 11.4 (Effects of Termination); and 12 (General).

  • Effects of Termination Termination, suspension or expiry of this Agreement shall not prejudice any rights or obligations of a Party that existed prior to termination, suspension or expiry.

  • Effects of Termination The termination rights set out in this section 14 shall be in addition to and not in substitution for, any other rights and remedies available to the Parties, whether at law, at equity, or otherwise.

  • The following Sections will survive expiration or termination of the Agreement: Section 4 (Intellectual Property), Section 5 (Confidentiality), Section 8 (Disclaimer), Section 9 (Indemnification), Section 10 (Liability), Section 11.4 (Effects of Termination), Section 12 (Miscellaneous), Section 13 (Definitions), and any additional sections specified in the applicable Services Schedule.

  • The following sections of the Agreement are incorporated into this Authorization: 3.2 (Compliance with Policies); 5.4 (Termination for Breach; Suspension); 5.6 (Effects of Termination); 6 (Remedies); 7 (Audits); 8 (Warranty Disclaimer); 9 (Limitation of Liability); 10 (Indemnification); and 11 (General Provisions).

  • Effects of Termination Termination or expiry of this Agreement shall not prejudice any rights or obligations of a Party that existed prior to termination or expiry.

  • Any provision of this Agreement which contemplates or requires performance after the termination of this Agreement or that must survive to fulfill its essential purpose, including the terms of this Section (Effects of Termination), confidentiality, disclaimers, limitations and exclusions of liability, and any payment obligations, will survive the termination and continue in full force and effect until completely performed.

  • The following Sections will survive expiration or termination of this Agreement: 7 (Confidential Information), 8.1 (Intellectual Property Rights), 12.3 (Effects of Termination), 13 (Indemnification), 14 (Limitation of Liability), 15 (Miscellaneous), and 16 (Definitions).

  • In addition to any outstanding payment obligations of LICENSEE, each party’s rights and obligations under the following provisions of this Agreement shall indefinitely survive the termination of this Agreement: Sections 6 (Ownership); 7 (Confidentiality); 9 (Disclaimers); 10 (Limitation of Liability), 11.4 (Effects of Termination); and 12 (General).


More Definitions of Effects of Termination

Effects of Termination. SURVIVAL: (a) Expiration or termination of this Agreement shall not relieve the parties of any obligation accruing prior to or upon such expiration or termination. Accordingly, Subsections 7.03, 7.04 and Section 9 shall survive expiration or termination of this Agreement and DEKALB shall not be relieved of any payment obligation that may have accrued prior to or subsequent to such expiration or termination. (b) Upon an early termination of this Agreement under Subsection 8.02 as a result of DEKALB's material breach or material default, DEKALB and its Affiliates and International Associates and sublicensees shall be entitled to sell remaining inventories of any Licensed DEKALB Corn Products covered under Licensed MONSANTO Patent Rights which are already in its or their possession or then under production, Such sales shall be in accordance with this Agreement, and DEKALB shall continue to be obligated to make all applicable payments hereunder. Thereafter any remaining Licensed DEKALB Corn Products which are not intended to be sold, and all materials and information relating to or provided by MONSANTO, if any, shall be destroyed or shall be returned, respectively, and the destruction shall be certified to MONSANTO by a representative of DEKALB.

Related to Effects of Termination

  • Event of Termination has the meaning specified in Section 7.01.

  • Servicer Event of Termination One or more of the events described in Section 7.01.

  • Effective Date of Termination means the date on which a Qualifying Termination occurs, as provided in Section 2.2 herein, which triggers the payment of Severance Benefits hereunder.

  • Master Servicer Event of Termination As defined in Section 7.01 hereof.

  • Outside Termination Date shall have the meaning set forth in Section 8.01(f).

  • Termination or “Terminated” means, for purposes of this Plan with respect to a Participant, that the Participant has for any reason ceased to provide services as an employee, officer, director, consultant, independent contractor or advisor to the Company or a Parent or Subsidiary of the Company. An employee will not be deemed to have ceased to provide services in the case of (i) sick leave, (ii) military leave, or (iii) any other leave of absence approved by the Committee; provided, that such leave is for a period of not more than 90 days, unless reemployment upon the expiration of such leave is guaranteed by contract or statute or unless provided otherwise pursuant to formal policy adopted from time to time by the Company and issued and promulgated to employees in writing. In the case of any employee on an approved leave of absence, the Committee may make such provisions respecting suspension of vesting of the Award while on leave from the employ of the Company or a Parent or Subsidiary of the Company as it may deem appropriate, except that in no event may an Award be exercised after the expiration of the term set forth in the applicable Award Agreement. The Committee will have sole discretion to determine whether a Participant has ceased to provide services and the effective date on which the Participant ceased to provide services (the “Termination Date”).

  • Termination Upon a Change in Control means a termination of Officer’s employment with Corporation within 12 months following a “Change in Control” that constitutes a Termination Other Than For Cause described in Section 2.1(b).

  • Incipient Event of Termination means an event that but for notice or lapse of time or both would constitute an Event of Termination.

  • Termination After Change in Control means either of the following events occurring within twelve (12) months after a Change in Control:

  • Termination Events means each of the events specified in Clause 10.3 of this Contract.

  • Termination Upon Change of Control shall not include any termination of the employment of the Executive (a) by the Company for Cause; (b) as a result of the Permanent Disability of the Executive; (c) as a result of the death of the Executive; or (d) as a result of the voluntary termination of employment by the Executive for reasons other than Good Reason.

  • Notice of Termination for Good Reason shall have the meaning set forth in Section 1(t).

  • Good Reason Termination means a termination of employment or service initiated by the Participant upon or after a Change of Control upon one or more of the following events:

  • Potential Termination Event means an event which, with the giving of notice and/or the lapse of time, would constitute a Termination Event.

  • Termination Benefits means the benefits described in Section 4.1(b).

  • Partial Termination has the meaning set forth in the Section 6.3(a).

  • Extended Termination Date has the meaning specified in Section 2.16(c).

  • CIC Qualifying Termination means a Separation (A) within twelve (12) months following a Change in Control or (B) within three (3) months preceding a Change in Control (but as to part (B), only if the Separation occurs after a Potential Change in Control) resulting, in either case (A) or (B), from (i) the Company terminating the Executive’s employment for any reason other than Cause or (ii) the Executive resigning his or her employment for Good Reason. A termination or resignation due to the Executive’s death or disability shall not constitute a CIC Qualifying Termination. A “Potential Change in Control” means the date of execution of a legally binding and definitive agreement for a corporate transaction which, if consummated, would constitute the applicable Change in Control (which for the avoidance of doubt, would include, for example, a merger agreement, but not a term sheet for a merger agreement). In the case of a termination following a Potential Change in Control and before a Change in Control, solely for purposes of benefits under this Agreement, the date of Separation will be deemed the date the Change in Control is consummated.

  • Existing Termination Date as defined in Section 2.18.

  • Termination Other Than For Cause means termination by the Company of Employee's employment by the Company for reasons other than those which constitute Termination for Cause.

  • Termination for Cause or "Cause" shall mean termination because of the Executive's personal dishonesty, willful misconduct, any breach of fiduciary duty involving personal profit, intentional failure to perform stated duties, conviction of a felony with respect to the Bank or the Company or any material breach of this Agreement. For purposes of this Section, no act, or the failure to act, on the Executive's part shall be "willful" unless done, or omitted to be done, in bad faith and without reasonable belief that the action or omission was in the best interest of the Company or its affiliates. Any act, or failure to act, based upon authority given pursuant to a resolution duly adopted by the Board or based upon the written advice of counsel for the Company shall be conclusively presumed to be done, or omitted to be done, by the Executive in good faith and in the best interests of the Company. Notwithstanding the foregoing, the Executive shall not be deemed to have been terminated for Cause unless and until there shall have been delivered to him a Notice of Termination which shall include a copy of a resolution duly adopted by the affirmative vote of not less than three-fourths of the members of the Board at a meeting of the Board called and held for that purpose (after reasonable notice to the Executive and an opportunity for him, together with counsel, to be heard before the Board), finding that in the good faith opinion of the Board, the Executive was guilty of conduct justifying Termination for Cause and specifying the particulars thereof in detail. The Executive shall not have the right to receive compensation or other benefits for any period after Termination for Cause.

  • Voluntary Termination means the termination by Executive of Executive's employment following a Change in Control which is not the result of any of clauses (i) through (v) set forth in the definition of Involuntary Termination above.

  • Qualifying Termination means a termination of Executive’s employment (i) by the Company other than for Cause or (ii) by Executive for Good Reason. Termination of Executive’s employment on account of death, Disability or Retirement shall not be treated as a Qualifying Termination.

  • Termination for Just Cause means termination because of Executive’s personal dishonesty, incompetence, willful misconduct, breach of fiduciary duty involving personal profit, intentional failure to perform stated duties, willful violation of any law, rule or regulation (other than traffic violations or similar offenses) or final cease-and-desist order, or material breach of any provision of this Agreement.

  • Special Termination Notice means the Notice of Special Termination substantially in the form of Annex VII to this Agreement.