Creative may terminate this Agreement, for cause, by written notice to Distributor not less than ten (10) days prior to the effective date of such notice in the event that: (i) Distributor fails to pay past¬ due invoices within ten (10) days after notice that invoices are past due; (ii) Distributor fails to use its best efforts to achieve sales target mutually agreed by both parties, as provided in Clause 5.6 of this Agreement; (iii) Distributor violates any other material provision of this Agreement; or (iv) control of Distributor is acquired, directly or indirectly, by a third party, or Distributor is merged with a third party. For purposes of this Clause 8.3(a), material provisions of this Agreement include, but are not limited to, the provisions of Clauses 2, 4 and 5. Upon giving its notice of termination, Creative may alter its terms of sale, including credit terms, and take such other action as may be consistent with the termination of Distributor as an authorized Creative distributor.