Additional Termination Right. To the extent required by Applicable Law, in addition to the termination rights contained in Section 2, if the Agreement must be filed by the Charity with the Attorney General, then the Agreement is terminable by the Charity for any reason upon notice to CITY within fifteen (15) days from the date of such filing. The Charity will use commercially reasonable efforts to ensure that the Sale Period does not fall within this fifteen-day termination period.
Additional Termination Right. Notwithstanding any provision to the contrary contained in this Agreement, upon the sale or exchange of the Project, Lessor (or its successor in interest as more particularly described below) shall be entitled to terminate this Agreement provided that the close of any such sale or exchange occurs on or after January 1, 2003 by giving written notice ("Termination Notice") to Lessee. The effective date of any such termination shall be the date set forth in the Termination Notice provided, however, that in no event shall such date be less than sixty (60) days following the date on which the Termination Notice is given. In the event of any such termination, provided that Lessee is not otherwise in default pursuant to this Agreement, prior to the effective date of such termination Lessor shall pay to Lessee in cash a termination fee in the amount of $10,000.00. Pursuant to provisions of this Paragraph 11.6, Lessor shall be entitled to terminate this Agreement with respect to either the Telephone System or the Television System or both. In the event of the termination of this Agreement only with respect to one (but not both) of the Telephone System or the Television System then this Agreement shall continue with respect to that system not terminated and following the effective date of the termination the rent payable by Lessee as provided in Paragraph 4.1 shall be based upon the percentage of gross receipts as set forth on Exhibit E in connection with the system not then terminated. In the event of the termination of either the Telephone System or the Television System as described in this Paragraph 11.6, but not both, the above described fee in the amount of Ten Thousand Dollars ($10,000) shall be reduced as applicable such that the fee payable in connection with the termination of the Telephone System shall be Seven Thousand Five Hundred Dollars ($7,500) and the fee payable in connection with the Television System shall be Two Thousand Five Hundred Dollars ($2,500). In the event of any termination by Lessor of the Telephone System or the Television System or both as provided in this Paragraph 11.6, the provisions of Paragraphs 11.2 and 11.3 shall be applicable with respect to the equipment of the terminated system and Lessee shall have thirty (30) days following the effective date of termination to remove the applicable equipment as provided in Paragraph 11.2 subject however to the provisions of Paragraph 11.3 pursuant to which provisions Lessor and Lessee, du...
Additional Termination Right. In addition to any other rights of termination provided for hereunder or otherwise, the Buyer shall have the right to terminate this Agreement according to the procedures set forth in the next sentence. Buyer may at any time prior to Closing give Shareholders written notice that Buyer has discovered adverse facts or matters during the course of its due diligence review which Buyer has reasonably determined are expected to require an amount in excess of $10 million to cure or correct, specifying the adverse facts or matters to be cured and, in the alternative, an amount by which the Buyer proposes to reduce the Consideration in lieu of such cure or correction; Shareholders shall thereupon have five (5) Business Days to notify Buyer in writing whether Shareholders will (i) undertake to cure or correct such matters to the reasonable satisfaction of Buyer, (ii) instead accept the specified reduction in the Consideration, or (iii) decline as to both (i) and (ii). If Shareholders decline pursuant to the foregoing clause (iii), or choose clause (i) but do not perform or cause to be performed the obligations thereunder to the reasonable satisfaction of Buyer, or if Shareholders fail to give the required notice hereunder within five Business Days, then Buyer shall forthwith have the option to terminate this Agreement upon written notice to Shareholders of the same.
Additional Termination Right. Xxxxxxxxx may terminate the provision of the Services at any time on 30 days’ notice to the Subscriber without liability.]
Additional Termination Right. (a) Owner shall have the right, for any reason or no reason, to terminate this Agreement at any time upon ***** written notice to Energy Manager. Such termination shall be without liability except for (i) Owner’s obligation to compensate Energy Manager for the Services performed up to the date of termination and (ii) any amounts owed by Owner under the Implementation Agreements. Any such termination shall not relieve Energy Manager of any *** Certain information on this page has been omitted and filed separately with the SEC. Confidential treatment has been requested with respect to the omitted portions. of its obligations pursuant to Section 10.6 and Owner shall have the right to liquidate all transactions under the Implementation Agreements in accordance with Section 10.5.
(b) Energy Manager shall have the right, for any reason or no reason, to terminate this Agreement at any time upon ***** written notice to Owner. Such termination shall be without liability except for (i) Energy Manager’s obligation to compensate Owner for amounts up to the date of termination and (ii) any amounts owed by Energy Manager under the Implementation Agreements. Any such termination shall not relieve Energy Manager of any of its obligations pursuant to Section 10.6 and Owner shall have the right to liquidate all transactions under the Implementation Agreements in accordance with Section 10.5.
(c) Owner may terminate this Agreement upon ***** written notice if (i) Energy Manager defaults under any other energy management agreement that Energy Manager has with an Affiliate of Owner or (ii) Energy Manager’s Affiliate defaults under any O&M Agreements between Energy Manager’s Affiliate and Owner’s Affiliate.
(d) Energy Manager may terminate this Agreement upon ***** written notice if (i) Owner’s Affiliate defaults under any energy management agreement between Owner’s Affiliate and Energy Manager or (ii) Owner or Owners Affiliate defaults under any O&M Agreement between Owner or Owner’s Affiliate and Energy Manager’s Affiliate.
Additional Termination Right. 54 Article X GENERAL PROVISIONS
Additional Termination Right. In addition to Service Level Credits, Customer may terminate the affected Order on written notice to Apollo in the event that Xxxxxx fails to meet the Service Level Commitment in any three (3) months in any rolling twelve (12) month period, in which case Customer shall receive a pro-rata refund of pre-paid Fees remaining for the then-current Subscription Term.
Additional Termination Right. MWSS shall be entitled to terminate this Agreement when the common good so requires at any time upon one (1) month’s written notice to the Concessionaire. In this case, the Early Termination Amount shall be computed in the same manner as termination upon mutual agreement of the Parties under Section 11.3.2(iv). For this purpose, common good means those actions for the promotion of health and safety, enhance the right of the people to a balanced ecology, and preserve the comfort and convenience of those within the Service Concession Area.
Additional Termination Right. Notwithstanding anything to the contrary in this Agreement, (i) Staples and Office Depot shall each have the right to terminate this Agreement, by written notice to the other, whether before or after approval of the matters presented in connection with the Merger by the stockholders of Office Depot or Staples, at any time during the period commencing upon the issuance by the United States District Court for the District of Columbia (the "District Court") in Civil Action No. 97-701 of its ruling disposing of the FTC's motion for a preliminary injunction with respect to the Merger and ending at 11:59 p.m. (Boston time) on the fourth business day following the day on which the written ruling of the District Court disposing of such motion is first published, and (ii) neither Staples nor Office Depot shall be under any obligation to effect the Merger prior to the expiration of the termination right set forth in clause (i) of this Section 8.06."
3. Except as amended hereby, the Merger Agreement shall remain in full force and effect in accordance with its terms.
Additional Termination Right. Notwithstanding anything to the contrary in this Agreement, in the event that the FTC shall file with any United States District Court (the "District Court") a motion for a preliminary injunction with respect to the Merger (i) the Acquiror and the Company shall each have the right to terminate this Agreement, by written notice to the other, at any time during the period commencing upon the issuance by the District Court of a preliminary injunction pursuant to such motion and ending at 11:59 p.m. (Eastern time) on the fifth business day following the day on which the written ruling of the District Court with respect to such preliminary injunction is first filed with the Clerk of Court, and (ii) neither the Acquiror nor the Company shall be under any obligation to effect the Merger prior to the expiration of the termination right set forth in clause (i) of this Section 8.3."
3. Except as amended hereby (and in the waiver letters of the parties dated March 28, 1997, July 11, 1997 and July 24, 1997), the Merger Agreement shall remain in full force and effect in accordance with its terms.
