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  1. Termination. If (i) Customer fails to pay Evocative any undisputed charges when due and such failure
  2. continues for two (2) days after written notice from Evocative or (ii) either party fails to observe
  3. any other material term of this Agreement and such failure continues for 30 days after written notice
  4. from the other party, then the non-defaulting party may terminate this Agreement, any SLA or any
  5. Signed Order Form, in whole or in part, and subject to the limitations of this Agreement, pursue any
  6. remedies it may have at law or in equity. If Customer cancels or terminates Service for convenience
  7. or Evocative terminates Service for cause, Customer will pay Evocative a termination charge equal
  8. to the sum of (A) if prior to the commencement of Service, (i) for “off-net” Service, third party
  9. termination charges for the cancelled Service; (ii) for “on-net” Service, 1 month’s monthly
  10. recurring charges for the cancelled Service; (iii) the non-recurring charges for the cancelled
  11. Service; and (iv) the out of pocket costs (if any) of Evocative incurred in constructing facilities
  12. necessary for Service delivery or (B) upon or following commencement of Service, (i) all unpaid
  13. amounts for Service actually provided; and (ii) to the extent not recovered by the foregoing, any
  14. termination liability payable to third parties by Evocative resulting from the termination and any out
  15. of pocket costs incurred in constructing facilities to the extent such construction was undertaken to
  16. provide the Services. In lieu of installation Service Level credits, if installation of Service is
  17. delayed by more than 30 business days beyond the date by which Evocative committed to deliver
  18. Service to the Customer, Customer may terminate the affected Service without liability upon written
  19. notice to Evocative, provided (i) such notice is delivered prior to delivery of a notice by Evocative
  20. for commencement of the affected Service and (ii) this right shall not apply where Evocative is
  21. constructing facilities.
  22. c) Termination for Insolvency. Either Party may immediately terminate this Agreement in the event the
  23. other Party (a) admits in writing its inability to pay its debts as they become due, fails to satisfy
  24. any judgment against it, or otherwise ceases operations of its business in the ordinary course,
  25. (b) is adjudicated bankrupt or becomes insolvent, (c) winds up or liquidates its business
  26. voluntarily or otherwise, (d) applies for, consents to or suffers the appointment of, or the taking of
  27. possession of by, a receiver, custodian, assignee, trustee, liquidator or similar fiduciary of itself or of
  28. all or any substantial portion of its assets, (e) makes a general assignment for the benefit of
  29. creditors, (f) commences a voluntary case under any state or federal bankruptcy laws (as now or
  30. hereafter in effect), (g) files a petition seeking to take advantage of any other law providing for the
  31. relief of debtors, (h) acquiesces to, or fails to have dismissed, within 30 days, any petition filed against
  32. it in any involuntary case pursuant to such bankruptcy laws and/or (i) takes any action for the purpose
  33. of effecting any of the foregoing
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