DDDC » Topics » Termination

This excerpt taken from the DDDC 8-K filed Oct 16, 2009.
Termination.  This Agreement and any Statement of Work may be terminated by either Party as follows:
a.     Termination for Breach.  Either Party may immediately terminate this Agreement at any time in the event of a material breach of this Agreement or any Statement of Work by the other Party (including the failure to pay any amounts due under this Agreement or any Statement of Work within 30 days after written notice thereof); provided that, if the breach is capable of being cured, the breaching Party shall have thirty (30) days following written notice thereof to cure such breach.  If the breach that is capable of being cured is not cured within such 30-day period, such termination shall be effective immediately and automatically upon the expiration of the 30-day period without further notice or action by either Party.
b.     Termination for Material Adverse Changes.
                      (i)    Termination for Triggering Event.  Either Party may terminate this Agreement immediately following delivery of written notice to the non-terminating Party if a Triggering Event occurs with respect to the non-terminating Party.
                      (ii)   Termination for a Force Majeure Event.  As contemplated by Section 24(d), the Party receiving notice of a Force Majeure Event may terminate this Agreement or any Statement of Work that is affected by the Force Majeure Event in whole or in part if the delay caused by the Force Majeure Event is not cured within thirty (30) days of receipt of such notice.
                      (iii)   Termination for Convenience.  Either Party may terminate this Agreement for convenience upon delivery of one hundred eighty (180) days prior written notice delivered to the other Party.
c.     No Extension of the Term.  Except as set forth in Section 13 above, no promise or expressed intention to renew or extend the Term for any particular period shall be binding upon either Party unless stated in a written document signed by each Party.

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