Common use of Term Termination Effect of Termination Clause in Contracts

Term Termination Effect of Termination. This Agreement shall be valid for a period of one year commencing from20 and shall remain valid until , 20 , unless terminated earlier in accordance with the provisions of this Agreement ("Term"). Both parties shall renew the agreement well before the expiry of this agreement to ensure continuity of services. • Termination: Termination on the happening of an event : This Agreement may be terminated by Starway Digital or the Broadcaster/ Authorised Agent, subject to Applicable Laws, prior to its expiry in the following circumstances: 1. In the event of a material breach by either party of their obligations under this Agreement, this has not been cured within fifteen days of being required in writing to do 2. Non payment of Carriage Fees by the Broadcaster/ Authorised Agent before the Due • Bankruptcy, insolvency or the appointment of a Receiver or the appointment of a Liquidator over the assets of that 1. If the Broadcaster’s licence to broadcast/ downlinking license is revoked, cancelled, suspended or withdrawn or the Authorised Agent’s authority to represent the Broadcaster is terminated. . Termination at will : Notwithstanding all that is stated in clause 4 (b) above ,both Parties shall have the right to terminate this Agreement only if both the parties consent to do so in writing. In the event of termination of this Agreement by Starway Digital under clause 4 b (i) or 4 b (ii) above, Starway Digital shall be entitled to cease to carry, re-transmit and re-distribute the Channel/s of the Broadcaster/Authorised Agent and shall be entitled to retain the integrated receiver decoders, CAM Modules, viewing cards/smart cards, remotes of the Channel/s and/or any other equipment used in relation thereto ("Equipment") of the Channel/s until all the outstanding amounts are cleared. Further, Starway Digital shall be entitled to initiate appropriate legal proceedings against the Broadcaster/Authorised Agent for, inter-alia, recovery of all outstanding amounts and any other equitable remedy that may be available to Starway Digital. It is hereby clarified that the termination of this Agreement shall not relieve any Party of any obligation or liability accrued prior to the date of termination and / or such clause which by its very nature extends or applies to the Parties even after termination.

Appears in 2 contracts

Sources: Carriage Agreement, Carriage Agreement

Term Termination Effect of Termination. (a) This Agreement shall be valid for a period of one year commencing from20 from 20 and shall remain valid until , 20 , unless terminated earlier in accordance with the provisions of this Agreement ("Term"). Both parties shall renew the agreement well before the expiry of this agreement to ensure continuity of services. • . (b) Termination: Termination on the happening of an event : This Agreement may be terminated by Starway Digital ACDCN or the Broadcaster/ Authorised Agent, subject to Applicable Laws, prior to its expiry in the following circumstances: 1. i. In the event of a material breach by either party of their obligations under this Agreement, this has not been cured within fifteen days of being required in writing to dodo so. 2ii. Non payment of Carriage Fees by the Broadcaster/ Authorised Agent before the Due Date. iii. Bankruptcy, insolvency or the appointment of a Receiver or the appointment of a Liquidator over the assets of thatthat party. 1iv. If the Broadcaster’s licence to broadcast/ downlinking license is revoked, cancelled, suspended or withdrawn or the Authorised Agent’s authority to represent the Broadcaster is terminated. . Termination at will : Notwithstanding all that is stated in clause 4 (b) above ,both Parties shall have the right to terminate this Agreement only if both the parties consent to do so in writing. In the event of termination of this Agreement by Starway Digital ACDCN under clause 4 b (i) or 4 b (ii) above, Starway Digital ACDCN shall be entitled to cease to carry, re-transmit and re-distribute the Channel/s of the Broadcaster/Authorised Agent and shall be entitled to retain the integrated receiver decoders, CAM Modules, viewing cards/smart cards, remotes of the Channel/s and/or any other equipment used in relation thereto ("Equipment") of the Channel/s until all the outstanding amounts are cleared. Further, Starway Digital ACDCN shall be entitled to initiate appropriate legal proceedings against the Broadcaster/Authorised Agent for, inter-alia, recovery of all outstanding amounts and any other equitable remedy that may be available to Starway DigitalACDCN. It is hereby clarified that the termination of this Agreement shall not relieve any Party of any obligation or liability accrued prior to the date of termination and / or such clause which by its very nature extends or applies to the Parties even after termination.

Appears in 1 contract

Sources: Carriage Agreement

Term Termination Effect of Termination. This Agreement shall be valid for a period of one year commencing from20 and shall remain valid until , 20 , unless terminated earlier in accordance with Subject to the other provisions of this Section 9, this Agreement continues until terminated ("the “Term"). Both parties shall renew the agreement well before the expiry of this agreement to ensure continuity of services. • Termination: Termination on the happening of an event : This Agreement may be terminated by Starway Digital or the Broadcaster/ Authorised Agent, subject to Applicable Laws, prior to its expiry in the following circumstances”) as set forth below: 1. In the event of a material breach by either party of their obligations under this Agreement, this has not been cured within fifteen days of being required in writing to do 2. Non payment of Carriage Fees by the Broadcaster/ Authorised Agent before the Due • Bankruptcy, insolvency or the appointment of a Receiver or the appointment of a Liquidator over the assets of that 1. If the Broadcaster’s licence to broadcast/ downlinking license is revoked, cancelled, suspended or withdrawn or the Authorised Agent’s authority to represent the Broadcaster is terminated. . Termination at will : Notwithstanding all that is stated in clause 4 (ba) above ,both Parties Licensee shall have the right to terminate this Agreement only on not less than thirty (30) days written notice to Licensor upon (i) the promulgation of new governmental laws, rules, regulations, interpretations, court orders or other legal restraints prohibiting the manufacture or distribution of all of the Products or the Technology (ii) a court order or, the reasonable threat or the reasonable apprehension supported by an opinion of legal counsel mutually acceptable to both Parties, that the use of the Technology (or an Improvement, to the extent such Improvement is incorporated into any Product) would infringe upon intellectual property rights of a third party, or (iii) a material default in performance by Licensor hereunder; provided, that, if Licensor cures any of the foregoing during such thirty (30) day period, Licensee shall not have the right to terminate this Agreement pursuant to this subsection. Notwithstanding the foregoing, the failure of any lots produced in connection with Milestones 2 and 3 to meet the agreed upon quality control specifications for such lots shall not be considered a default hereunder and the remedy periods and other remedies set forth in Exhibit B shall apply. (b) Licensor shall have the right to terminate this Agreement on not less than thirty (30) days written notice to Licensee upon (i) Licensee’s failure to make a payment in respect of a Royalty or a Milestone Payment, (ii) a court order or, the reasonable threat or the reasonable apprehension supported by an opinion of legal counsel mutually acceptable to both Parties, that the parties consent use of the Technology (or an Improvement, to do so the extent such Improvement is incorporated into any Product) would infringe upon intellectual property rights of a third party, (iii) the promulgation of new governmental laws, rules, regulations, interpretations, court orders or other legal restraints prohibiting the manufacture and distribution of all of the Products, or (iv) any other material default in writing. performance by Licensee hereunder; provided, that, if Licensee cures the foregoing during such thirty (30) day period, Licensor shall not have the right to terminate this Agreement pursuant to this subsection. (c) In the event of termination of this Agreement by Starway Digital under clause 4 b (i) or 4 b (ii) above, Starway Digital shall be entitled to cease to carry, re-transmit and re-distribute the Channel/s of the Broadcaster/Authorised Agent and shall be entitled to retain the integrated receiver decoders, CAM Modules, viewing cards/smart cards, remotes of the Channel/s and/or any other equipment used in relation thereto ("Equipment") of the Channel/s until all the outstanding amounts are cleared. Further, Starway Digital shall be entitled to initiate appropriate legal proceedings against the Broadcaster/Authorised Agent for, inter-alia, recovery of all outstanding amounts and any other equitable remedy that may be available to Starway Digital. It is hereby clarified that the termination of this Agreement (i) each Party shall not relieve pay the other Party any amounts owed to it in connection with this Agreement, (ii) each Party shall return all written Confidential Information of the other Party, and (iii) Licensee shall immediately cease manufacturing and distribution of Products, the Technology and all Improvements used in the Products. Additionally, subject to Section 10 below, if a final judgment is rendered by a court or governmental body of competent jurisdiction that either of the Technology or any obligation Improvement made by Licensor is infringing upon the intellectual property rights of a third party, and this Agreement is terminated as a result thereof or liability accrued prior if Licensor terminates this Agreement pursuant to Section 9(b)(ii) above, Licensor shall pay to Licensee an amount equal to the date lesser of termination (i) the Royalty payments and / Milestone Payments previously paid by Licensee pursuant to this Agreement up to an amount of one million, eight hundred seventy five dollars ($1,875,000), and (ii) the damages incurred by Licensee with respect to such event of termination, including damages paid to a third party and any costs of replacing the Technology with other products or such clause which by its very nature extends or applies to the Parties even after terminationknow-how.

Appears in 1 contract

Sources: Licensing Agreement (Chembio Diagnostics Inc.)