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Term and Termination

Term and Termination

  1. Term: the period during which the Licensor agree to provide access and the Licensee to pay. The agreement can only be “cancelled” prior to the end of the term if there is a fundamental breach or there is another provision allowing for early termination. The period can be of any length most common is one year. It can always be renewed. In order to avoid any misunderstandings; state the date of termination explicitly rather than the length of the term.
  2. Termination: It is important for you as a library to be able to cancel an agreement in case the Licensor is not delivering access as agreed. In the LIBLICENSE Model License Agreement the Termination clause is as follows:
    Early Termination for Financial Hardship: The Licensee may terminate this Agreement without penalty if sufficient content acquisitions funds are not allocated to enable the Licensee, in the exercise of its reasonable administrative discretion, to continue this Agreement. In the event of such financial circumstances, Licensee agrees to notify Licensor of the intent to terminate the Agreement as soon as is reasonably possible, but in any case, no less than [enter a mutually agreeable number of days] prior to next payment date. {Liblicense editors suggest that this clause may be most appropriate for multiple year Agreements.} Termination for Breach: If either party believes that the other has materially breached any obligations under this Agreement, such party shall notify the other party of the alleged breach in writing…. If a material breach has occurred, the breaching party shall have [thirty (30) days] from the receipt of notice to use all reasonable means to cure the alleged breach and to notify the non-breaching party in writing that cure has been effected. If the breach is not cured within [thirty (30) days], the non-breaching party shall have the right to terminate the Agreement without further notice. Once this Agreement ends, by early termination or otherwise, the Licensor may terminate (or cause termination of) access to the Licensed Materials by Licensee and Authorized Users…. Refunds: In the event of early termination, except for termination for a material breach by the Licensee, Licensee shall be entitled to a refund of any fees or pro-rata portion thereof paid by Licensee for any remaining period of the Agreement
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