Common use of Fixed Fees Clause in Contracts

Fixed Fees. Subscriber may terminate fixed fee based Professional Services due to an uncured material breach by Fourth of these Terms and Conditions, or applicable Order or Statement of Work and any exhibits attached thereto. Subscriber may also terminate such Professional Services at Subscriber’s convenience. Fourth may only terminate fixed fee based Professional Services due to Subscriber’s uncured material breach of these Terms and Conditions, or applicable Order or Statement of Work and any Exhibits attached thereto. If (i) Subscriber terminates any fixed fee based Professional Services for any reason other than due to Fourth’s uncured material breach of these Terms and Conditions, Order, or Statement of Work; or (ii) if Fourth terminates any fixed fee based Professional Services due to Subscriber’s uncured material breach of these Terms and Conditions, Order, or Statement of Work, then Subscriber shall promptly pay Fourth all unpaid fixed fee amounts for the terminated Professional Services. Additionally, Subscriber shall not be entitled to a refund or credit for any prepaid fixed fee amounts.