ADDITIONAL TERMINATION. In addition to any other termination provisions contained in this Agreement, the Optionee shall at any time have the right to terminate its rights and future obligations under this Agreement by giving notice in writing of such termination to the Optionor, and in the event of such termination, the Optionee shall not earn any interest in the Property, and this Agreement, save and except for the provisions of paragraphs 13 hereof, shall be of no further force and effect.
ADDITIONAL TERMINATION. Notwithstanding any provision herein to the contrary, this Agreement shall terminate with respect to any individual Mortgage Loan or A/B Mortgage Loan (i) if and when such Mortgage Loan or A/B Mortgage Loan becomes a Specially Serviced Mortgage Loan or an REO Mortgage Loan or (ii) if and when such Mortgage Loan or A/B Mortgage Loan is sold or otherwise disposed of by or on behalf of the Trust (which sale or disposition shall not include the transformation of a Mortgage Loan or A/B Mortgage Loan into a Defeasance Loan). In the event of such termination, the Primary Servicer shall comply with Section 6.3 as if a Primary Servicer Default had occurred, except that such Section shall be construed to relate only to such Mortgage Loan or A/B Mortgage Loan and references therein to Primary Servicing Termination Date shall be construed to mean the date of such termination, and (ii) the Primary Servicer shall cooperate in the orderly transfer of the servicing of such Mortgage Loan or A/B Mortgage Loan and shall forward to the Master Servicer such documents as it may receive from time to time with respect thereto and provide such other assistance as may reasonably be required by the Master Servicer with respect thereto. Primary Servicer shall be entitled to all fees, compensation, interest and earnings on such Mortgage Loan or A/B Mortgage Loan accrued through the date of termination of its obligations and rights with respect to such Mortgage Loan or A/B Mortgage Loan under this Agreement; provided, however, Primary Servicer shall continue to collect the Excess Servicing Fee after termination in accordance with the terms of this Agreement and the Pooling and Servicing Agreement. If such Mortgage Loan or A/B Mortgage Loan subsequently becomes a Rehabilitated Mortgage Loan, then the Primary Servicer shall promptly resume the servicing of such Mortgage Loan or A/B Mortgage Loan in accordance with the terms hereof.
ADDITIONAL TERMINATION. 26 ARTICLE VII. SUBCONTRACTORS......................................................... 26 ARTICLE VIII. PRIMARY SERVICER TO HOLD PROPERTY FOR THE MASTER SERVICER.............. 26 ARTICLE IX. INDEMNIFICATION........................................................ 27
ADDITIONAL TERMINATION. Event will apply. Each of the following shall constitute an Additional Termination Event:
ADDITIONAL TERMINATION. 30 ARTICLE VII. SUBCONTRACTORS................................................................................31 ARTICLE VIII. PRIMARY SERVICER TO HOLD PROPERTY FOR THE MASTER SERVICER....................................31 ARTICLE IX. INDEMNIFICATION................................................................................31 SECTION 9.1 PRIMARY SERVICER'S INDEMNITY...........................................................31 SECTION 9.2 MASTER SERVICER'S INDEMNITY............................................................32 ARTICLE X. MISCELLANEOUS...................................................................................32 SECTION 10.1 SEVERABILITY...........................................................................32 SECTION 10.2 RIGHTS CUMULATIVE; WAIVERS.............................................................33 SECTION 10.3 HEADINGS...............................................................................33 SECTION 10.4 CONSTRUCTION...........................................................................33 SECTION 10.5 ASSIGNMENT.............................................................................33 SECTION 10.6 PRIOR UNDERSTANDINGS...................................................................34
ADDITIONAL TERMINATION. Event will apply as set forth in Part 5(k) of this Schedule.
ADDITIONAL TERMINATION. SUBCONTRACTORS.................................................
ADDITIONAL TERMINATION. In addition to any other termination provisions contained in this Agreement, [Placer] shall have the right to terminate this Agreement by giving 30 calendar days' notice of such termination to [Mr. Almarez], and in the event of such termination, this Agreement sxxxx xx xx no further force or effect.
ADDITIONAL TERMINATION. 13.3.1 The Agreement may be terminated
(a) without notice and compensation by the mutual written agreement of the Parties;
(b) by MacroCure upon ten (10) days written notice if the FDA does not approve the Clinical Trial;
(c) by MacroCure at anytime upon sixty (60) days written notice (“Termination for Convenience”).
13.3.2 The Agreement shall automatically terminate without compensation, unless the Party which has not caused or is not the subject of the event waives the termination, in the event:
(a) a Party has filed a voluntary petition in bankruptcy, takes the benefit of any insolvency act, is dissolved or adjudicated a bankrupt; upon the entry of a decree or order by a court having jurisdiction approving a petition with respect to a Party seeking reorganization, arrangement, adjustment, or composition under any applicable federal or state bankruptcy, insolvency or similar law and such decree and order is not removed within thirty (30) days; upon the written admission by a Party of its inability to pay its debts generally as they become due; the taking of any corporate action by a Party in furtherance of any of the foregoing actions—each, effective immediately upon receipt of notice termination (provided, that if applicable, the thirty (30) days period referred to above has elapsed).
(b) The appointment of receiver, liquidator, assignee, trustee, sequestrator or similar official for all or substantially all of the business or assets of a Party, which shall not have been removed within thirty (30) days, effective immediately upon receipt of notice termination following such thirty (30) days period. In the event that either Party enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Party that so enters into such proceedings must furnish the other Party, by certified mail, written notification of the bankruptcy. The notification must be furnished within five (5) business days of the initiation of the bankruptcy proceedings. Such notification must include the date on which the petition was filed, and a list of contracts for which final payments have not been made.
ADDITIONAL TERMINATION. In addition to any other termination provisions contained in this Agreement, Emgold shall at any time have the right to terminate this Agreement without liability therefore by giving written notice of such termination to the Optionors, and in the event of such termination this Agreement, save and except for the provisions of section 11 hereof, and subject to the obligations of Emgold arising from termination, shall be of no further force and effect.
