Common use of Default Termination Force Majeure Clause in Contracts

Default Termination Force Majeure. a. Simply Good hereby retains the right, in its sole and absolute discretion, to terminate this Agreement at any time with or without cause upon ten (10) days written notice to Influencer (subject to payment to Influencer of all amounts due for Services rendered prior to such termination). b. If Influencer, for reasons beyond Influencer’s reasonable control such as, but not limited to, injury, illness to Influencer as documented by a physician, is not able to provide the services substantially as contemplated above for the Campaign, then Influencer will not be deemed to be in breach of this Agreement, and Simply Good and Influencer will negotiate in good faith an appropriate reduction of the Fee in light of the services actually rendered. If Influencer provides no Services, then Influencer will refund to Simply Good the entire amount of the Fee actually received by Influencer. If Simply Good is unable to conduct the Campaign for any reason of force majeure, then Simply Good will not be in breach of this Agreement, and Company and Influencer will negotiate an appropriate reduction of the Fee in light of the services actually rendered. c. If either party shall fail to observe or perform any its obligations hereunder, the non- defaulting party may terminate this Agreement if such default is not cured (if curable) within ten (10) days (reducible in circumstances of exigency), after the non-defaulting party shall have given the defaulting party written notice specifying such default. Any such written notice shall specify in detail the action the defaulting party must take in order to cure each such item of default. In addition, each party may exercise any other right or remedy available to it under law or in equity.

Default Termination Force Majeure. a. Simply Good hereby retains the right, in its sole and absolute discretion, to terminate this Agreement at any time with or without cause upon ten (10) days written notice to Influencer (subject to payment to Influencer of all amounts due for Services rendered prior to such termination). b. If Influencer, for reasons beyond Influencer’s reasonable control such as, but not limited to, injury, illness to Influencer as documented by a physician, is not able to provide the services substantially as contemplated above for the Campaign, then Influencer will not be deemed to be in breach of this Agreement, and Simply Good and Influencer will negotiate in good faith an appropriate reduction of the Fee in light of the services actually rendered. If Influencer provides no Services, then Influencer will refund to Simply Good the entire amount of the Fee actually received by Influencer. If Simply Good is unable to conduct the Campaign for any reason of force majeure, then Simply Good will not be in breach of this Agreement, and Company and Influencer will negotiate an appropriate reduction of the Fee in light of the services actually rendered. This clause shall include circumstances where the Influencer’s social media accounts have been terminated, suspended, hacked, or compromised in any other way. c. If either party shall fail to observe or perform any its obligations hereunder, the non- defaulting party may terminate this Agreement if such default is not cured (if curable) within ten (10) days (reducible in circumstances of exigency), after the non-defaulting party shall have given the defaulting party written notice specifying such default. Any such written notice shall specify in detail the action the defaulting party must take in order to cure each such item of default. In addition, each party may exercise any other right or remedy available to it under law or in equity.