Abandonment and Termination. The LOCAL PUBLIC AGENCY reserves the right to terminate or suspend this Agreement upon written notice.
A. If the LOCAL PUBLIC AGENCY shall abandon the services herein mentioned, the CONSULTANT shall deliver to the LOCAL PUBLIC AGENCY all data, reports, drawings, specifications and estimates completed or partially completed and these shall become the property of the LOCAL PUBLIC AGENCY. The earned value of the work performed shall be based upon an estimate of the portions of the total services as have been rendered by the CONSULTANT to the date of the abandonment.
B. If the CONSULTANT shall abandon or fail to timely perform its duties hereunder, including the preparation and completion of plans and specifications within the several times hereinbefore specified, or within such further extension or extensions of time as agreed upon, the LOCAL PUBLIC AGENCY may give written notice, that if the CONSULTANT shall not within twenty (20) calendar days from the date of such notice, have complied with the requirements of this Agreement, then the Agreement is deemed terminated. Upon the mailing or delivery of such notice or personal delivery thereof to the CONSULTANT, and the failure of the CONSULTANT within said described twenty (20) day period to fully comply with each and all requirements of this Agreement, this Agreement shall terminate. When written notice is referred to herein, it shall be deemed given when deposited in the mail addressed to the CONSULTANT at its last known address.
C. In case the LOCAL PUBLIC AGENCY shall act under the last preceding paragraph, then in such event, all data, reports, drawings, plans, sketches, sections, and models, all specifications, estimates, measurements and data pertaining to the project, prepared under the terms or in fulfillment of this Agreement, shall be delivered within twenty (20) days to the LOCAL PUBLIC AGENCY.
Abandonment and Termination. At any time before the Effective Date, this Agreement may be terminated and the Merger may be abandoned by the Board of Directors of either the Nevada Corporation or the Delaware Corporation or both, notwithstanding approval of this Agreement by the sole stockholder of the Delaware Corporation and the stockholders of the Nevada Corporation.
Abandonment and Termination. The LOCAL PUBLIC AGENCY reserves the right to terminate or suspend this Contract upon written notice.
(A) If the LOCAL PUBLIC AGENCY shall abandon the services herein mentioned, the CONSULTANT shall deliver to the LOCAL PUBLIC AGENCY all data, reports, drawings, specifications, and estimates completed or partially completed and these shall become the property of the LOCAL PUBLIC AGENCY . The earned value of the work performed shall be based upon an estimate of the portions of the total services as have been rendered by the CONSULTANT to the date of the abandonment and which estimate shall be a made by the LOCAL PUBLIC AGENCY in the exercise of its honest and reasonable judgement for all services to be paid for on a lump sum basis.
(B) If, at any time, for any cause whatsoever, the CONSULTANT shall abandon or fail to timely perform any of its duties hereunder, including the preparation and completion of plans and specifications within the several times herein before specified, or within such further extension or extensions or time as agreed upon, the LOCAL PUBLIC AGENCY may give written notice, that if the CONSULTANT shall not within twenty
Abandonment and Termination. If the tenant abandons the premises or terminates the tenancy otherwise than in the manner permitted, the landlord shall mitigate any damages that may be caused by the abandonment or termination to the extent that a party to a contract is required by law to mitigate damages. (section 72)
Abandonment and Termination. 4.1 This Contract can be terminated by the School Board or the Contractor, upon delivery of written notice, one to the other, at least thirty (30) days prior to such proposed termination date.
4.2 Upon termination of this Contract by the Contractor, payment shall not be made for any portion of the work completed unless the School Board determines, in its sole discretion, that the termination is to its advantage, in which event payment through the date of termination shall be as set forth below.
4.3 Should the School Board abandon the services to be performed herein, or terminate this Contract, the School Board shall be liable only to the extent of satisfactory completion of the work by the Contractor through the time of abandonment and upon delivery of completed or partially completed work to the School Board. The School Board shall have the full right to use such work in any manner which it may designate where it may determine in its sole discretion, and without claim on the part of the Contractor for any additional compensation.
Abandonment and Termination. At any time before the Effective Time, this Agreement may be terminated and the Merger may be abandoned by either the New York Board or the Maryland Board, or both, notwithstanding approval of this Agreement by the sole shareholder of the Maryland Corporation and the shareholders of the New York Corporation.
Abandonment and Termination. (a) This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time, whether before or after approval of the matters presented in connection with the Merger by the shareholders of the Company or Mergerco:
(i) by the Company, Parent or Mergerco if the Merger Agreement and the Merger fail to receive the requisite vote for approval and adoption by the shareholders of the Company at the Company's Shareholders Meeting;
(ii) by mutual written consent of the Company, on the one hand, and Parent and Mergerco, on the other hand, if authorized or taken by mutual action of their respective Boards of Directors and the Special Independent Committee, in the case of the Company;
(iii) by either the Company, on the one hand, and Parent or Mergerco, on the other hand: (A) if there has been a material breach of any representation, warranty, covenant or agreement on the part of the other set forth in this Agreement which breach has not been cured within five (5) business days following receipt by the breaching party of notice of such breach, or (B) if a claim, action, suit, proceeding, arbitration or litigation has been threatened to be filed, has been filed or is proceeding which has arisen in whole or in part out of, or pertaining to the approval of the Board of Directors (including the Special Independent Committee) of any party to this Agreement and the transactions contemplated hereby, the negotiation, execution or delivery of this Agreement, the performance of obligations hereunder or the consummation of the transactions contemplated hereby;
(iv) by either the Company or Mergerco, so long as such party has not breached its obligations hereunder, if the Merger shall not have been consummated on or before July 31, 1997; PROVIDED, that the right to terminate this Agreement under this subsection shall not be available to any party whose failure to fulfill any obligation under this Agreement has been the cause of or resulted in the failure of the Merger to occur on or before such date; or
(v) By the Special Independent Committee acting on behalf of the Company if prior to the Effective Time (A) the Board of Directors of the Company or the Special Independent Committee shall have withdrawn its approval or recommendation of this Agreement and the Merger or its recommendation that shareholders of the Company adopt and approve this Agreement and the Merger based upon the receipt by the Board of Directors or the Special Independent Commit...
Abandonment and Termination. A slip will be considered abandoned if SHYC has sent notice of non-payment in writing and slip rental fee is not paid by February 25th of the current year. In such cases the lease will be terminated and the lift will become the property of SHYC to do with as it sees fit. The Deposit will be forfeited and may be used for the removal of the Lift.
Abandonment and Termination. At any time before the Effective Time, this Agreement may be terminated and the Merger may be abandoned by the Board of Directors of either Broadpoint or Gleacher or both, notwithstanding approval of this Agreement by the sole stockholder of Gleacher and the shareholders of Broadpoint.
Abandonment and Termination. The Merger may be abandoned and this Agreement terminated by the Board of Directors of Parent and Sub at any time prior to the Effective Date. In the event of the abandonment and termination of the Merger and this Agreement, this Agreement shall become void and have no effect, without any liability on the part of Parent or Sub or the stockholders, directors or officers of any of them.
