Common use of Term and Termination Suspension Clause in Contracts

Term and Termination Suspension. (i) This Agreement is effective on the Effective Date and will continue for the term(s) specified in the underlying Order Form(s) subject to any renewal provisions, (the “Term”). The Term shall thereafter renew for additional term(s) matching the currently in effect Order Form(s) unless (a) either party provides the other party with written notice of non-renewal at least six (6) months prior to the expiration of the then-current Term or (b) this Agreement or an Order Form is earlier terminated in accordance with this Agreement. In the event of renewal, the price(s) in the Order Form(s) for the additional term year(s) shall increase on an annual basis by the greater of the current U.S. Consumer Price Index or 5% (five percent). (ii) Client may terminate this Agreement upon ninety (90) days' prior written notice if ▇▇▇▇▇▇▇ fails to comply with any of the terms and conditions of this Agreement, and such noncompliance is not cured within a ninety (90)-day period after receipt of written notice. (iii) Liaison may terminate this Agreement upon ninety (90) days' prior written notice if Client fails to comply with any of the terms and conditions of this Agreement, and such noncompliance is not cured within a ninety (90)-day period after receipt of written notice. (iv) Client's insolvency, receivership, bankruptcy, or assignment for the benefit of creditors will immediately terminate this Agreement without the need for any notice being given. (v) Liaison may suspend the Liaison Products at any time if Client is in breach of any obligation under this Agreement that is not cured within ten (10) days after notice from Liaison or immediately if Liaison has reasonable concerns about a security threat that could affect the Products or the data of any other user.

Appears in 1 contract

Sources: Standard Contract

Term and Termination Suspension. (i) This 3.1. The Term of this Agreement is effective will commence on the Effective Date and will continue date that the Service is activated for the term(s) an initial term as specified in the underlying Order Form(s) subject to any renewal provisions, (the “Term”)Estimate. The Term shall Agreement thereafter renew automatically renews for additional term(s) matching the currently in effect Order Form(s) successive terms of equal length, unless (a) either party provides Client or ACTIVITEL gives advance written notice to the other party with written notice of non-renewal at least six (6) months prior to 30 days before the expiration end of the then-then current Term term. 3.2. ACTIVITEL may immediately suspend or terminate Service, without any liability to Client whatsoever, if Client (bor other User, as may be applicable): fails to pay Client’s account that is 60 days past due; fails to meet ACTIVITEL’s credit requirements; becomes bankrupt or otherwise insolvent; is reasonably suspected by ACTIVITEL of Using the Services in a fraudulent or illegal manner; fails to comply with ACTIVITEL’s reasonable Usage policies instituted from time to time, including the Acceptable Use Policy; otherwise interferes with ACTIVITEL’s facilities, Equipment, network or connections; or otherwise is in material breach of this Agreement. 3.3. Prior to suspension or termination, ACTIVITEL will make reasonable efforts to provide Client with advance notice, stating the reason for the proposed suspension or termination, the amount owing (if any) and any notice period, determined in ACTIVITEL’s reasonable discretion, during which Client will have the opportunity to rectify the reason for proposed suspension or termination. 3.4. If Client terminates this Agreement or an Order Form is earlier terminated during the initial term as set out in the Estimate, other than in accordance with the terms of this Agreement, Client shall pay ACTIVITEL as liquidated damages, and not as a penalty, an amount which is equal to one hundred percent of the monthly recurring charge for each of the Services, multiplied by the number of months remaining in the then current term, including without limitation, installation charges, removal costs and rental costs, and Client will forfeit a refund of any prepayment or deposit made for the Services. 3.5. In the event of renewala suspension or termination of the Service, all features and services, including emergency 9-1-1 service, will also be suspended or terminated. A suspension or termination will not affect Client’s obligation to pay any amounts owed to ACTIVITEL either during or after the price(s) in suspension or termination, including the Order Form(s) full month’s charges for the additional term year(s) shall increase on an annual basis by the greater of the current U.S. Consumer Price Index month where Client’s Service is suspended or 5% (five percent)terminated. (ii) Client 3.6. If the Service is suspended or terminated, a reconnection service charge may terminate this Agreement upon ninety (90) days' prior written notice if ▇▇▇▇▇▇▇ fails to comply with any be applied for reconnecting the Service. Following a suspension or termination of Service, ACTIVITEL cannot guarantee the terms and conditions of this Agreement, and such noncompliance is not cured within a ninety (90)-day period after receipt of written notice. (iii) Liaison may terminate this Agreement upon ninety (90) days' prior written notice if Client fails to comply with any of the terms and conditions of this Agreement, and such noncompliance is not cured within a ninety (90)-day period after receipt of written notice. (iv) Client's insolvency, receivership, bankruptcy, availability or assignment for the benefit of creditors will immediately terminate this Agreement without the need for any notice being given. (v) Liaison may suspend the Liaison Products at any time if Client is in breach resumption of any obligation under this Agreement previous numbers, codes or other identifiers that is not cured within ten (10) days after notice from Liaison or immediately if Liaison has reasonable concerns about a security threat that could affect the Products or the data of any other usermay have been applicable to Client.

Appears in 1 contract

Sources: Client Services Agreement

Term and Termination Suspension. (i) This 3.1 The Term of this Agreement is effective will commence on the Effective Date and will continue date that the Service is activated for the term(s) an initial term as specified in the underlying Order Form(s) subject to any renewal provisions, (the “Term”)Estimate. The Term shall Agreement thereafter renew automatically renews for additional term(s) matching the currently in effect Order Form(s) successive terms of equal length, unless (a) either party provides Client or ZIP gives advance written notice to the other party with written notice of non-renewal at least six (6) months prior to 30 days before the expiration end of the then-then current Term term. 3.2 ZIP may immediately suspend or terminate Service, without any liability to Client whatsoever, if Client (bor other User, as may be applicable): fails to pay Client’s account that is 60 days past due; fails to meet ZIP’s credit requirements; becomes bankrupt or otherwise insolvent; is reasonably suspected by ZIP of Using the Services in a fraudulent or illegal manner; fails to comply with ZIP’s reasonable Usage policies instituted from time to time, including the Acceptable Use Policy; otherwise interferes with ZIP’s facilities, Equipment, network or connections; or otherwise is in material breach of this Agreement. 3.3 Prior to suspension or termination, ZIP will make reasonable efforts to provide Client with advance notice, stating the reason for the proposed suspension or termination, the amount owing (if any) and any notice period, determined in ZIP’s reasonable discretion, during which Client will have the opportunity to rectify the reason for proposed suspension or termination. 3.4 If Client terminates this Agreement or an Order Form is earlier terminated during the initial term as set out in the Estimate, other than in accordance with the terms of this Agreement. , Client shall pay ZIP as liquidated damages, and not as a penalty, an amount which is equal to one hundred percent of the monthly recurring charge for each of the Services, multiplied by the number of months remaining in the then current term, including without limitation, installation charges, removal costs and rental costs, and Client will forfeit a refund of any prepayment or deposit made for the Services. 3.5 In the event of renewala suspension or termination of the Service, all features and services, including emergency 9-1-1 service, will also be suspended or terminated. A suspension or termination will not affect Client’s obligation to pay any amounts owed to ZIP either during or after the price(s) in suspension or termination, including the Order Form(s) full month’s charges for the additional term year(s) shall increase on an annual basis by the greater of the current U.S. Consumer Price Index month where Client’s Service is suspended or 5% (five percent)terminated. (ii) Client 3.6 If the Service is suspended or terminated, a reconnection service charge may terminate this Agreement upon ninety (90) days' prior written notice if ▇▇▇▇▇▇▇ fails to comply with any be applied for reconnecting the Service. Following a suspension or termination of Service, ZIP cannot guarantee the terms and conditions of this Agreement, and such noncompliance is not cured within a ninety (90)-day period after receipt of written notice. (iii) Liaison may terminate this Agreement upon ninety (90) days' prior written notice if Client fails to comply with any of the terms and conditions of this Agreement, and such noncompliance is not cured within a ninety (90)-day period after receipt of written notice. (iv) Client's insolvency, receivership, bankruptcy, availability or assignment for the benefit of creditors will immediately terminate this Agreement without the need for any notice being given. (v) Liaison may suspend the Liaison Products at any time if Client is in breach resumption of any obligation under this Agreement previous numbers, codes or other identifiers that is not cured within ten (10) days after notice from Liaison or immediately if Liaison has reasonable concerns about a security threat that could affect the Products or the data of any other usermay have been applicable to Client.

Appears in 1 contract

Sources: Client Services Agreement