Common use of Termination by the Foundation Clause in Contracts

Termination by the Foundation. The Foundation may terminate this Agreement upon 30 days’ notice if Licensee breaches any provision of this Agreement and fails to cure such breach within such 30-day period. In addition, the Foundation may terminate this Agreement upon 10 business days’ notice in the event Licensee: (a) fails to comply with all applicable laws, regulations, ordinances, rules and orders that are applicable to it in connection with its manufacture and sale of the Certified Offering, (b) if the Foundation reasonably determines that Licensee’s business practices relating to the Licensee Product will negatively impact the reputation associated with the Certification ▇▇▇▇; (c) registers or attempts to register any certification ▇▇▇▇, trademark, service ▇▇▇▇, trade name, insignia or logo that is confusingly similar to the Certification ▇▇▇▇ or Cloud Foundry ▇▇▇▇; or (d) materially or repeatedly fails to comply with the guidelines for the Cloud Foundry ▇▇▇▇ referenced in Section 2.2; and Licensee fails to cure such condition within such 10-day period. The Foundation may also terminate this Agreement with respect to any Certified Offering by providing notice of the Foundation’s intention to so terminate, if Licensee ceases to make such Certified Offering Generally Available, and Licensee does not provide evidence, reasonably acceptable to the Foundation, that such Certified Offering is Generally Available, within 30 days after notice of such intention by the Foundation. For purposes of the foregoing, “Generally Available” means the Licensee makes generally commercially available either (x) sales or licenses or subscriptions to the Certified Offering, or (y) support for the Certified Offering. In the event all Certified Offerings are terminated as described above, this Agreement will terminate.