By Us Sample Clauses

By Us. We may cancel this policy by written notice delivered to or mailed to you at the address shown in the policy (and to your authorized agent or broker if required). Proof of delivery or mailing is sufficient proof of notice.

By Us. We may cancel this policy by written notice delivered to or mailed to you at the address shown in the policy (and to your authorized agent or broker if required). Proof of delivery or mailing is sufficient proof of notice. This notice must be delivered or mailed the required number of days prior to the effective date of the cancellation. For a description of the number of days of required notice, refer to:

By Us. This Agreement and each of our rights under it are fully transferable by us and will inure to the benefit of any transferee or other legal successor to our interests herein. We have the right to delegate any of our obligations under this Agreement to any person or entity.

By Us. We may at any time suspend operation of your Credit Card Account (including, but not limited to, limiting or suspending the number, types and/or amounts of Transactions we authorise on your Credit Card Account) or close any Credit Card Account. We may at any time cancel your right to use your Card. As soon as your Credit Card Account is closed or your Card is cancelled you must destroy all Cards issued on your Credit Card Account by cutting them (including any chip on the Cards) in half. If your Credit Card Account is cancelled you must then immediately pay the entire balance of your Card Accounts that we have specified. If the Nominated Earner ceases to be a member of the Airpoints Programme and a new Nominated ▇▇▇▇▇▇ is unable to be appointed (for example, if the Account Owner ceases to be a member and there are no joint or additional cardholders), then we may close your Credit Card Account, cancel your right to use your Card and require that it be destroyed. If we do not close your Credit Card Account, you will nevertheless lose any entitlement to earn new Airpoints Dollars. If the Nominated Earner ceases to be a member of the Airpoints Programme or the Nominated Earner for the Credit Card Account, then you will also lose any entitlement to earn Airpoints Dollars for your Airpoints Programme membership account on purchases made since your most recent statement.

By Us. Provided the requirements of Section 7.4.3 (Conditions) are met, we will, at our expense, defend (or at our option, settle) any suit brought against you, and will pay all damages and costs (including reasonable attorneys’ fees) (together: “Damages”) finally awarded against you, to the extent based on a claim that Our Software directly infringes any duly issued United States, Japan or European Union patent or Berne Convention copyright, or misappropriates any trade secret right of any third party. Notwithstanding the foregoing, we will have no liability or obligation with respect to claims or Damages arising from: (i) Your Software (to the extent it differs from Our Software), Third Party Software or a modification to or derivative work of Our Software not made by us; (ii) the combination or use of Our Software with anything other than a Component; (iii) compliance with your design requirements or specifications or those of your customer, (iv) the use of other than the then-current release of Our Software, to the extent that such other than the then current release is infringing and from the day that we advised you that use of a prior version reasonably could be infringing, or (v) your continuation of allegedly infringing activity after being notified thereof and provided a non-infringing version (each, an “Excluded Claim”). If the use of Our Software is enjoined, or we believe a claim of infringement is likely, we may, at our sole option and expense: (i) procure for you the right to continue using Our Software as licensed herein; (ii) provide you functionally equivalent, non-infringing software; or (iii) if neither of the foregoing is commercially reasonable, terminate the license to the affected software and refund a portion of the license fee you paid for that software (if any) (amortizing that fee on a straight-line basis over its License Term). THIS SECTION 7.4.1 STATES OUR ENTIRE RESPONSIBILITY AND LIABILITY, AND YOUR EXCLUSIVE REMEDY, FOR ANY ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF ANY THIRD PARTY RIGHTS ARISING WITH RESPECT TO OUR SOFTWARE AND ANY OTHER ITEMS, PRODUCTS OR SERVICES PROVIDED HEREUNDER.

By Us. We may cancel this policy by giving you 30 days’ written notice via your insurance broker. The cancellation will take effect 30 days after the day you are notified of the cancellation and we shall return the premium paid for the unused period of insurance (other than in circumstances where we invoke the ‘Disclosure and accuracy of information condition’ and/or the ‘Fraudulent claim(s) condition’ in this policy). Reasons we may cancel this policy include: i. you do not co-operate or supply information or documentation that we request which materially affects our ability to process the policy or our ability to defend our interests; or ii. following a survey at any of your premises or sites we have required you to make risk improvements and you have not completed these within a reasonable period of time advised by us; or iii. the premium has not been paid; or

By Us. We may also terminate this Agreement immediately upon notice to you at our sole discretion. We further reserve the right to change or modify these Terms of Use at any time and in our sole discretion.

By Us. This Agreement is fully transferable by us and will inure to the benefit of any transferee or other legal successor to our interests herein.

By Us. We shall, at our expense, defend or, at our option, settle any claim brought against you that the Service Offerings infringe any third party’s United States patent, copyright, trademark, or trade secret, and pay any final judgments awarded by a court of competent jurisdiction or settlements entered into by us on your behalf. As a condition of our obligation, you must notify us promptly of any claim in writing, give us sole control and authority over the defense or settlement of such claim, and reasonably cooperate with us, at our expense, and provide us with available information in the investigation and defense of such claim. If any Service Offering becomes, or in our opinion is likely to