Common use of BY LITHIA Clause in Contracts

BY LITHIA. This Agreement may be terminated by written notice of termination given by Lithia to the Company and the Shareholders (i) if the Company or the Shareholders default in any material respect in the observance of or in the due and timely performance by them of any of the agreements and covenants contained herein or in the Other Reorganization Agreements (ii) if any of the warranties and representations of the Company or the Shareholders contained herein are false in any material respect, (iii) if the conditions of this Agreement to be complied with or performed by the Shareholders or the Company at or before Closing are not complied with or performed at the time required for such compliance or performance and such noncompliance or nonperformance is not waived by Lithia or (iv) if Lithia terminates any of the Other Reorganization Agreements in accordance with the terms and conditions of such other agreements.

BY LITHIA. This Agreement may be terminated by written notice of termination given by Lithia to the Company and the Shareholders (i) if the Company or the Shareholders default in any material respect in the observance of or in the due and timely performance by them of any of the agreements and covenants contained herein or in the Other Reorganization Agreements Agreements, (ii) if any of the warranties and representations of the Company or the Shareholders contained herein are false in any material respect, (iii) if the conditions of this Agreement to be complied with or performed by the Shareholders or the Company at or before Closing are not complied with or performed at the time required for such compliance or performance and such noncompliance or nonperformance is not waived by Lithia or (iv) if Lithia terminates any of the Other Reorganization Agreements in accordance with the terms and conditions of such other agreements.

BY LITHIA. This Agreement may be terminated by written notice of termination given by Lithia to the Company and the Shareholders (i) if a material default should be made by the Company or the Shareholders default in any material respect in the observance of or in the due and timely performance by them the Shareholders or the Company of any of the agreements and covenants contained herein contained, or in if there shall have been a material breach by the Other Reorganization Agreements (ii) if Shareholders or the Company of any of the warranties and representations of the Company herein contained, or the Shareholders contained herein are false in any material respect, (iii) if the conditions of this Agreement to be complied with or performed by the Shareholders or the Company at or before Closing are shall not have been complied with or performed at the time required for such compliance or performance and such noncompliance or nonperformance is shall not have been waived by Lithia or (iv) if Lithia terminates any of the Other Reorganization Agreements in accordance with the terms and conditions of such other agreementsLithia.