00 - TERMINATION. This Agreement may be terminated by the COUNTY at its convenience, or due to the fault of the CONSULTANT, by the COUNTY giving thirty (30) calendar days’ written notice to the CONSULTANT. If the CONSULTANT is adjudged bankrupt or insolvent; if it makes a general assignment for the benefit of its creditors; if a trustee or receiver is appointed for the CONSULTANT or for any of its property; if it files a petition to take advantage of any debtor's act or to reorganize under the bankruptcy or similar laws; if it disregards the authority of the COUNTY'S designated representatives; if it otherwise violates any provisions of this Agreement; or for any other just cause, the COUNTY may, without prejudice to any other right or remedy, and after giving the CONSULTANT a thirty (30) calendar day written notice, terminate this Agreement. In addition to the COUNTY'S contractual right to terminate this Agreement in its entirety as set forth above, the COUNTY may also, at its convenience, stop, suspend, supplement or otherwise change all, or any part of, the Scope of Professional Services as set forth in Exhibit "A", or the Project Guidelines and Criteria as set forth in Exhibit "E", or as such may be established by a Supplemental Task Authorization or Change Order Agreement. The COUNTY shall provide written notice to the CONSULTANT in order to implement a stoppage, suspension, supplement or change. The CONSULTANT may request that this Agreement be terminated by submitting a written notice to the COUNTY dated not less than thirty (30) calendar days prior to the requested termination date and stating the reason(s) for such a request. However, the COUNTY reserves the right to accept or not accept the termination request submitted by the CONSULTANT, and no such termination request submitted by the CONSULTANT shall become effective unless and until CONSULTANT is notified, in writing, by the COUNTY of its acceptance.
00 - TERMINATION. The Tenant may terminate this Lease as of January 1st of any year during the Term, provided that:
00 - TERMINATION. 4.1 This Agreement and the services of the Employee under this Agreement shall be immediately terminated without notice, at the option of Hostopia upon the occurrence of any of the following events:
(a) if the Employee dies;
(b) if the Employee breaches his duties or obligations to Hostopia so as to entitle Hostopia to terminate his for cause, including without limitation, serious misconduct, acts of fraud or theft against Hostopia, habitual neglect of duty, incompetence, conduct incompatible with his duties or conduct prejudicial to Hostopia's business, or willful disobedience of Hostopia's orders in a matter of substance;
(c) if the Employee commits any criminal offence against Hostopia or against any other person or entity such that Hostopia, in its sole discretion, regards the commission of such offence as being incompatible with the Employee's employment;
(d) if the Employee is guilty of a breach or non-observance of any of the terms and conditions contained in this Agreement;
(e) if the Employee is unable to perform his duties and responsibilities on behalf of Hostopia for a period of six (6) months (the "Period of Illness") and Hostopia is unable to accommodate his disability. For the purposes of calculating a Period of Illness, any absence due to illness shall be considered to be continuous from the date the Employee was first absent ("First Absence"), where the Employee does not return to perform his duties for more than five (5) consecutive working days following the First Absence; or
(f) if the Employee is employed by any party other than Hostopia.
4.2 In the event the Employee's employment is terminated for any of the reasons set out in Section 4.1, Hostopia shall give written notice of termination to the Employee in accordance with Section 6.1 below, setting out, in summary form, the reasons for termination. Following the foregoing notice, Hostopia shall be released from all liabilities and obligations to the Employee under this Agreement and at common law following payment to the Employee of any remuneration and benefits owing to him/her as at the date of termination.
4.3 Notwithstanding Sections 1.2 and 4.1 of this Agreement, Hostopia shall be entitled to terminate the employment of the Employee without cause and without notice at any time, provided that Hostopia pays compensation in lieu of notice in accordance with Schedule "A".
4.4 This Agreement is subject to the final approval of the compensation committee of the board of directors of H...
00 - TERMINATION. 7.01 HomeLife may terminate this Agreement (except for the provisions of Articles 7.02 and 12.01, which shall continue in full force and effect) at any time, effective immediately upon receipt by the Participating Independent Broker of Notice of Termination if (a) the Participating Independent Broker should default in the payment of any amounts required to be paid by it to HomeLife under this Agreement and fails to cure such default within fifteen (15) days of receipt of notice of default from HomeLife; (b) the Participating Independent Broker defaults in the performance of any of its other obligations under this Agreement and fails to cure such default within thirty (30) days of receiving notice of default from HomeLife; (c) the Participating Independent Broker becomes insolvent or makes an assignment for the benefit of creditors, or a petition is filed against, and consented to, or the Participating Independent Broker is adjudicated a bankrupt or insolvent, or a xxxx in equity or other proceedings for the appointment of a receiver or other custodian of the Participating Independent Broker or its Business or assets is filed and consented to by the Participating Independent Broker, or a receiver or other custodian (permanent or temporary) of the Participating Independent Broker's assets or property or any part thereof is appointed by a court of competent jurisdiction, or a proceeding for a new composition with creditors under any state or federal law is instituted by or against the Participating Independent Broker; (d) the license or registration (under the applicable state laws governing real estate and business brokers) of either the Participating Independent Broker or the manager of the Office is terminated or expires; or (e) the Participating Independent Broker ceases, or takes any steps to cease, the operation of the Business.
00 - TERMINATION. 4.1 Upon the occurrence of an Event of Default, which the Lender does not waive or the Borrower remedy as required and within the time periods provided therefor, the Lender shall either:
(a) retain the Pledged Shares for its own use and to its own account and in connection therewith require the Shareholders to complete the transfer of the Pledged Shares in the books and records of the Corporation, provided that in the event of such retention, the provisions of section 4.2 hereunder shall be applicable, and provided further that the Pledged Shares so held shall be valued as at the date of the occurrence of an Event of Default by an independent business valuator mutually acceptable to the parties hereunder, in accordance with the usual business valuation procedures, and the amount so determined shall be deemed to be applied so as to reduce the indebtedness by that amount, provided that any dispute as to the amounts so determined shall be submitted to arbitration in accordance with the provisions of section 6.6 hereunder; or
(b) proceed to sell the Pledged Shares, in a commercially reasonable manner, and shall so advise the Shareholders and require the Shareholders to properly deliver and transfer the Pledged Shares as required pursuant to the provisions of the purchase agreement pursuant to which such sale is completed, and in connection with such sale, the Shareholders shall be entitled to bid or submit a written offer, as appropriate, and if accepted by the Lender, the provisions of section 4.2(b) hereunder shall apply. In the event of a sale of the Pledged Shares, the Lender shall apply the proceeds as provided in the Credit Agreement.
(a) In the event that the Lender determines to retain the Pledged Shares and in connection therewith to complete the transfer of the Pledged Shares on the books and records of the Corporation to its name, then the Shareholders shall have the right on fifteen (15) days' notice to redeem the Pledged Shares by providing to the Lender repayment in full of the Indebtedness then outstanding, together with interest due and accrued thereon.
(b) In the event of redemption pursuant to the provisions of the immediately preceding section, or the Lender completing any sale of the Pledged Shares to the Shareholders, then the Lender shall immediately upon payment as required, deliver over the Pledged Shares to the Shareholders free and clear of any encumbrances or liens and shall further provide to the Shareholders such discharges or assi...
00 - TERMINATION. This Agreement shall continue in effect until April 30th, 2018, and shall continue automatically thereafter, for annual periods of one year each unless either party notifies the other, in writing, not less than thirty days, and not more than sixty days, prior to the expiration date, that it desires to amend or terminate the Agreement.
00 - TERMINATION. 16.01 MBLL may terminate this Contract, without cause, at any time by giving thirty (30) days’ notice in writing to the Contractor.
16.02 In addition to its rights under subsection 16.01, and without restricting any other remedies available, MBLL may, at its sole option, immediately terminate this Contract in writing if:
(a) in the opinion of MBLL, the Services provided by the Contractor are unsatisfactory, inadequate, or are improperly performed, or the Contractor has failed to comply with any term or condition of this Contract and such failure continues or such unsatisfactory Services remain unremedied for ten (10) days after the Contractor has been notified by MBLL of such failure; or
(b) the Contractor is dissolved or becomes bankrupt or insolvent.
16.03 Upon termination of this Contract, the Contractor shall cease to perform any further work, and shall deliver to MBLL any finished work which has not been delivered and accepted prior to termination, together with any materials and work in progress relating to this Contract. MBLL shall be under no obligation to the Contractor other than to pay, upon receipt of an invoice and supporting documentation satisfactory to MBLL, such compensation as the Contractor may be entitled to receive under this Contract for work completed to the satisfaction of MBLL up to the date of termination.
16.04 If, upon termination of this Contract, there is any equipment that needs to be removed from MBLL’s property, the Contractor shall remove any and all such equipment within 15 days of the date of termination. If such equipment is not removed within that time period, MBLL shall be entitled to remove such equipment and the Contractor shall be responsible for all costs associated with such removal and transport. MBLL will not be liable for any damage or loss related to any removed or returned equipment.
00 - TERMINATION. Except as otherwise specifically set forth herein, the obligations and responsibilities of the Servicer shall terminate upon the earliest to occur of (1) the final payment or other liquidation of the Home Loans and the disposition of all REO Properties and the remittance of all funds due hereunder with respect to such Home Loans and REO Properties and (2) the satisfaction and discharge of the indebtedness evidenced by the Notes and the payment of all amounts due the Note Insurer under the Insurance Agreement and the termination of the Deposit Trust Agreement.
00 - TERMINATION. 9.01 The Employer and the Employee agree that the Employer shall and hereby does reserve the right to immediately terminate of the Employee for just cause. Just cause being at the sole discretion of the Employer, acting reasonably, and, includes, without restricting the generality of the foregoing, the Employee: a) being responsible for breach of any covenant herein to be performed by the Employee; b) performing the Services in an unsatisfactory or unprofessional manner; c) conducting himself in such a manner that the retention of a Client is jeopardized, a Client, is lost, or the goodwill of the Employer is harmed in any way whatsoever; d) ceases to be of good character; e) failing or refusing to comply with the policies and standards and regulations from time to time established by the Employer; f) committing fraud, being dishonest or committing other misconduct in the performance of services rendered on behalf of the Employer; g) failing or refusing to faithfully or diligently perform any provision of this Agreement or the usual and customary duties of his employment; or h) engaging in any form of substance abuse which may or may have the effect of hindering the Employee in the performance of the Services.
9.02 Notwithstanding the foregoing, this Agreement shall immediately terminate upon: a) death of the Employee; b) the Employee attaining the age of SIXTY-FIVE (65) years; c) the Employee becoming insolvent or being adjudged bankrupt; d) the failure of Employee to become bonded or continue to remain bonded during the term of this Agreement; e) the Employee being elected to hold office or accepting employment which by operation of law places restrictions or limitations upon his continued performance of the Services; or f) the Employee becoming, without having obtained the Employer's consent, a shareholder, an officer, director, agent or employee of another Employer in a related business to that of the Employer; g) a bona fide determination by the Employer to sell all or substantially all of the assets of the Employer or to liquidate or discontinue the Business; h) the failure of Employee to hold and maintain in good standing any and all licences, permits, professional designations or qualifications necessary or required by the Employee in order to provide the Services hereunder; or i) the end of the Term hereof if the same is not extended or renewed in accordance with the terms hereof.
9.03 The Employee covenants and agrees with the Employer that the Em...
00 - TERMINATION. 7.1 The Employer may terminate this Agreement at any time for just cause without any period of notice or compensation in lieu of notice, but upon written notice to the Employee setting out, with reasonable particularity, the circumstances constituting the basis for the termination for just cause. Without limiting the generality of the foregoing, the occurrence of any one of the following shall be deemed to constitute just cause:
(a) the death of the Employee; or
(b) the commission by the Employee of any fraud or theft against the Corporation; or
(c) the commission by the Employee of any other criminal offence which is incompatible with his role as an employee of the Corporation and which results in the Employee being convicted and incarcerated in respect thereof for a period of thirty (30) days or more; or
(d) the wilful disregard or failure of the Employee to perform those obligations which are within the Employee's control and which are the essence hereof and such wilful disregard or failure continues unremedied after thirty (30) days' written notice thereof with particulars has been given to the Employee; or
(e) the Employee is mentally or physically disabled and is unable to perform his duties hereunder for a period of four (4) consecutive months or six (6) months, in the aggregate, in any twelve (12) month period.
7.2 In the event that the employment of the Employee is terminated for just cause, he, or his personal representative, shall only be paid the agreed salary and Additional Benefits or appropriate portion thereof and expenses up to the date of termination of this Agreement and he shall have no further claim against the Employer for compensation of any kind whatsoever.
7.3 Without in any way limiting the Term or duration of this Agreement, the parties hereto covenant and agree that, subject to the right of the Employer to terminate this Agreement for just cause, neither party will give notice of termination to the other prior to the second anniversary of the Commencement Date.
7.4 On or after the second anniversary of the Commencement Date, the Employer may terminate this Agreement for any reason upon payment to the Employee, in addition to any amounts then owing to the Employee pursuant to this Agreement, of an amount equal to the aggregate amount of remuneration payable to the Employee pursuant to section 4.1 hereof for the unexpired balance of the Term together with an amount equal to the aggregate of all amounts to which the Employee would ...