Common use of Immediate Right of Termination Clause in Contracts

Immediate Right of Termination. In addition to the automatic termination provisions and/or termination rights provided elsewhere in this Agreement, and notwithstanding any attempts by Licensee to cure such defaults, MLBPA shall have the right immediately to terminate this Agreement by giving written notice to Licensee if Licensee does any of the following: a. Manufactures, advertises, promotes, ships, distributes and/or uses in any way any Promotional Material without having the prior written approval of MLBPA as provided for in this Agreement; b. Continues to manufacture, advertise, promote, ship, distribute and/or use in any way any Promotional Material after receipt of notice from MLBPA disapproving same; c. Fails to carry on the Promotional Material the notices specified by MLBPA, as required herein; d. Becomes subject to any voluntary or involuntary order of any governmental agency involving the recall of any of the Promotional Material because of safety, health or other hazards or risks to the public; e. Directly or indirectly through its controlling shareholders or any of its officers, directors or employees, takes any action in connection with the manufacture, advertising, promotion, shipment and/or distribution of the Promotional Material which damages or reflects adversely upon MLBPA, the Rights and/or the Trademarks; f. Breaches any of the provisions of this Agreement relating to the unauthorized assertion of right in the Rights and/or the Trademarks; g. Fails to obtain or maintain insurance as required by the provisions of this Agreement.

Immediate Right of Termination. In addition to the automatic termination provisions and/or termination rights provided elsewhere in this Agreement, and notwithstanding any attempts by Licensee to cure such defaults, MLBPA shall have the right immediately to terminate this Agreement by giving written notice to Licensee if Licensee does any of the following: : a. Manufactures, offers for sale, sells, advertises, promotes, ships, distributes and/or uses in any way any Licensed Product and/or Promotional and Packaging Material without having the prior written approval of MLBPA as provided for in this Agreement; ; b. Continues to manufacture, offer for sale, sell, advertise, promote, ship, distribute and/or use in any way any Licensed Product and/or Promotional and Packaging Material after receipt of notice from MLBPA disapproving same; ; c. Fails to carry on the Licensed Products or Promotional or Packaging Material the notices specified by MLBPA, as required herein; ; d. Becomes subject to any voluntary or involuntary order of any governmental agency involving the recall of any of the Promotional Licensed Products and/or Promotion and Packaging Material because of safety, health or other hazards or risks to the public; ; e. Directly or indirectly through its controlling shareholders or any of its officers, directors or employees, takes any action in connection with the manufacture, offering for sale, sale, advertising, promotion, shipment and/or distribution of the Licensed Products and/or the Promotional and Packaging Material which damages or reflects adversely upon MLBPA, the Rights and/or the Trademarks; ; f. Breaches any of the provisions of this Agreement relating to the unauthorized assertion of right rights in the Rights and/or the Trademarks; g. Two or more times during a twelve-month period fails to make timely payment of royalties when due or fails to make timely submission of royalty statements when due; h. Uses the Trademarks or the Rights for the purpose, in whole or in part, of promoting any service or product other than the Licensed Products without the express prior consent of MLBPA in writing; g. or i. Fails to obtain or maintain insurance as required by the provisions of this Agreement.