By State. In the event OJD fails to receive sufficient appropriations, expenditure limitations and other state authorizations to permit OJD in the reasonable exercise of its administrative discretion to continue making payments under this Agreement, OJD may immediately terminate this Agreement without penalty or liability, effective upon the delivery of notice to the County.
By State. The State may terminate this Agreement prior to the Expiry Date only upon:
10.2.1.1 a BREP Event of Major Default related to this Agreement or the Xxxx Center Plant Lease (Termination by State for Cause), in such case to be exercised within sixty (60) days after the expiration of any applicable cure period for such BREP Event of Major Default; provided, however, that to terminate this Agreement pursuant to a BREP Event of Major Default described in Section 11.1.2.3, the State must give notice of termination to BREP no later than thirty (30) days following cessation of the latest applicable Unexcused Loss of Availability or such termination right will be waived until the next applicable Unexcused Loss of Availability during such Service Year;
10.2.1.2 for convenience (Termination by State for Convenience);
10.2.1.3 a Major Casualty Event affecting the Xxxx Center Plant or total cessation of operations and use of the Xxxx Center Building through casualty (Termination by State for Necessity), in either case to be exercised within sixty (60) days of the event giving rise to such termination right;
10.2.1.4 a Change in Law that substantially prevents the State from continuing its performance of substantially all of its obligations under this Agreement or the Xxxx Center Plant Lease (Termination by State for Necessity);
By State. The State agrees to the following and where applicable as more fully set forth in the Second Amendment to the Contract and the First Amendment to the Safety Contract:
a) If the State exercises its right to terminate the Safety Contract for non-appropriation of funds, in accordance with the provisions of paragraph 16 of the Safety Contract, the effective date of termination will not be sooner than June 30, 1999.
b) The State agrees that Envirotest will not be required, under the Contract, as amended, to either obtain a site for or build a new facility in Fairfield County.
c) The State agrees to withdraw, with prejudice, the lawsuit identified above and bearing Docket No. CV-96-5601148 S and withdraw the letter of February 9, 1996 set forth in Paragraph 3 of the recitals.
d) The State shall review its safety inspection standards and procedures for passenger motor vehicles, in order to ascertain whether a more expedited procedure can be implemented, consistent with applicable laws and regulations. If such changes are approved, Envirotest shall be permitted to amend its inspection procedures accordingly.
e) In the event that the State intends to assess against Envirotest any penalties, including but not limited to, wait time penalties as set forth in Section 18.0 of Exhibit E of the Contract or penalties for improper inspections as set forth in Section 20.0 of Exhibit E of the Contract, the State shall give Envirotest 14 days notice of such intent. During such 14 day period, if Envirotest gives notice to the State, Envirotest and the State shall meet to discuss and try to determine the basis and validity of the penalties. The State shall not withhold any fees or payments due Envirotest until the end of such 14 day period.
By State. Subject to Force Majeure as provided in Section 26, the occurrence of any of the following events shall constitute a State Event of Default:
i. The State fails to cure its breach of a non-monetary obligation under this Agreement within thirty (30) days after the State receives notice from BREP of the breach; provided, that if such breach cannot reasonably be cured during such 30-day period, the State will be entitled to an additional thirty (30)-day period within which to cure its breach, so long as it will have begun to cure such breach within the initial thirty (30)-day period and is diligently pursuing such cure; or
ii. The State fails to make any monetary payment due BREP under this Agreement within thirty (30) days after the State receives notice from BREP of such payment being past due. For purposes of this Agreement, a State Event of Default described in Section 19.a.ii will be deemed to constitute a “State Event of Major Default.”
By State. The State may terminate this Agreement prior to the Expiry Date upon:
i. a BREP Event of Major Default related to this Agreement (Termination by State for Cause);
ii. for convenience (Termination by State for Convenience);
iii. a Change in Law that substantially prevents the State from continuing its performance of substantially all of its obligations under this Agreement (Termination by State for Necessity);
