TERM AND REVIEW. 4.1 This Agreement shall become effective on the date first set forth above and shall continue for an initial period of two (2) years. This Agreement shall automatically renew thereafter from year to year, unless and until terminated by either party, in its discretion, by at least thirty (30) days' prior written notice to the other party. In addition, Phoenix reserves the right to terminate this Agreement at any time on at least thirty (30) days' prior written notice if the Marketing Agent defaults on its obligations, incurs a conflict of interest of significant impact, or fails to devote reasonable effort to the license of the Software to End Users. 4.2 Notwithstanding the termination of this Agreement, Phoenix shall continue to be entitled to the fees earned under this Agreement after such termination. So long as the Marketing Agent continues to satisfy its obligations to End Users under this maintenance and support agreements, notwithstanding a termination of this Agreement, the Marketing Agent may continue to provide such maintenance and support. 4.3 Either party may request a review of this Agreement and the royalty payments applicable to the Software, such review to take place in advance of each anniversary of the commencement of this Agreement while the Agreement remains in force.
Appears in 3 contracts
Sources: Cooperative Marketing Agreement (Phoenix International LTD Inc), Cooperative Marketing Agreement (Phoenix International LTD Inc), Cooperative Marketing Agreement (Phoenix International LTD Inc)
TERM AND REVIEW. 4.1 This Agreement shall become effective on the date first set forth above and shall continue for an initial period of two three (23) years. This Agreement shall automatically renew thereafter from year to year, unless and until terminated by either party, in its discretion, by at least thirty (30) days' prior written notice to the other party. In addition, Phoenix reserves the right to terminate this Agreement at any time on at least thirty (30) days' prior written notice if the Marketing Agent defaults on its obligations, incurs a conflict of interest of significant impact, or fails to devote reasonable effort to the license of the Software to End Users.
4.2 Notwithstanding the termination of this Agreement, Phoenix shall continue to be entitled to the fees earned under this Agreement after such termination. So long as the Marketing Agent continues to satisfy its obligations to End Users under this maintenance and support agreements, notwithstanding a termination of this Agreement, the Marketing Agent may continue to provide such maintenance and support.
4.3 Either party may request a review of this Agreement and the royalty payments applicable to the Software, such review to take place in advance of each anniversary of the commencement of this Agreement while the Agreement remains in force.
Appears in 1 contract
Sources: Cooperative Marketing Agreement (Phoenix International LTD Inc)