Cancellation and Termination. a) The exhibitor shall have the right to cancel this license agreement or downsize by notice in writing to be delivered to MPE. All deposits/payments received by MPE up to the date of notice of cancellation or downsize are non-refundable and non-transferable and the balance of the full cost of the space is due immediately. In the event that the Exhibitor (i) fails to make payments in accordance with the payment schedule setout herein or (ii) fails to appear at the show; MPE reserves the right to cancel this license agreement without notice and all rights of the Exhibitor hereunder shall cease and terminate. MPE will retain any and all deposits/payment(s) made by the Exhibitor as liquidated damages (and not as a penalty) for breach of this license agreement and all payments will be due per the terms of the contract. In the event of either of the above circumstances, MPE has the right to (i) re-rent said space and (ii) bring action against the Exhibitor for payment of the full cost of the space originally licensed from MPE. b) If the Exhibitor violates or breaches any other terms or conditions of this license agreement, all payments made by the Exhibitor and all amounts due to MPE shall be deemed earned by MPE and all deposits received shall be non-refundable and non-transferable. In the event of any violation or breach of the terms and conditions of this license agreement, MPE shall have the right to immediately occupy the space of the violating and/or breaching Exhibitor and utilize it in any manner as MPE deems appropriate, including, but not limited to, re-licensing its use to another exhibitor. The Exhibitor shall not be entitled to any offset or mitigation of the amount due under this license agreement as a result of the use of or payment for the space by another exhibitor in the Show. c) Each covenant by the Exhibitor contained herein is material and of the essence of this license agreement and violation of any term or condition hereof by the Exhibitor shall be a default of the entire agreement entitling MPE to immediately and without notice revoke the privileges granted to the Exhibitor and take possession of the space of the defaulting Exhibitor. Any such revocation of the license granted herein shall be without prejudice to MPE to make any claim for damages or enforcement of the payment of any amounts due pursuant to the terms hereof.
Appears in 30 contracts
Samples: Space Agreement, Space Agreement, Space Agreement
Cancellation and Termination. a) The exhibitor shall have the right to cancel this license agreement or downsize space by notice in writing to be delivered to MPE. All deposits/payments received by MPE up to the date of notice of cancellation or downsize are non-non- refundable and non-transferable and the balance of the full cost of the space is due immediately. In the event that the Exhibitor (i) fails to make payments in accordance with the payment schedule setout herein or (ii) fails to appear at the show; MPE reserves the right to cancel this license agreement without notice and all rights of the Exhibitor hereunder shall cease and terminate. MPE will retain any and all deposits/payment(s) made by the Exhibitor as liquidated damages (and not as a penalty) for breach of this license agreement and all payments will be due per the terms of the contract. In the event of either of the above circumstances, MPE has the right to (i) re-rent said space and (ii) bring action against the Exhibitor for payment of the full cost of the space originally licensed from MPE.
b) If the Exhibitor violates or breaches any other terms or conditions of this license agreement, all payments made by the Exhibitor and all amounts due to MPE shall be deemed earned by MPE and all deposits received shall be non-refundable and non-transferable. In the event of any violation or breach of the terms and conditions of this license agreement, MPE shall have the right to immediately occupy the space of the violating and/or breaching Exhibitor and utilize it in any manner as MPE deems appropriate, including, but not limited to, re-licensing its use to another exhibitor. The Exhibitor shall not be entitled to any offset or mitigation of the amount due under this license agreement as a result of the use of or payment for the space by another exhibitor in the Show.
c) Each covenant by the Exhibitor contained herein is material and of the essence of this license agreement and violation of any term or condition hereof by the Exhibitor shall be a default of the entire agreement entitling MPE to immediately and without notice revoke the privileges granted to the Exhibitor and take possession of the space of the defaulting Exhibitor. Any such revocation of the license granted herein shall be without prejudice to MPE to make any claim for damages or enforcement of the payment of any amounts due pursuant to the terms hereof.
Appears in 20 contracts
Samples: Exhibit Space Application/Contract, Exhibit Space Application/Contract, Exhibit Space Application/Contract
Cancellation and Termination. a) The exhibitor shall have the right to cancel this license agreement or downsize by notice in writing to be delivered to MPE. All deposits/payments received by MPE up to the date of notice of cancellation or downsize are non-refundable and non-transferable and the balance of the full cost of the space is due immediately. In the event that the Exhibitor (i) fails to make payments in accordance with the payment schedule setout herein or (ii) fails to appear at the show; MPE reserves the right to cancel this license agreement without notice and all rights of the Exhibitor hereunder shall cease and terminate. MPE will retain any and all deposits/payment(s) made by the Exhibitor as liquidated damages (and not as a penalty) for breach of this license agreement and all payments will be due per the terms of the contract. In the event of either of the above circumstances, MPE has the right to (i) re-rent said space and (ii) bring action against the Exhibitor for payment of the full cost of the space originally licensed from MPE.
b) If the Exhibitor violates or breaches any other terms or conditions of this license agreement, all payments made by the Exhibitor and all amounts due to MPE shall be deemed earned by MPE and all deposits received shall be non-refundable and non-transferable. In the event of any violation or breach of the terms and conditions of this license agreement, MPE shall have the right to immediately occupy the space of the violating and/or breaching Exhibitor and utilize it in any manner as MPE deems appropriate, including, but not limited to, re-licensing its use to another exhibitor. The Exhibitor shall not be entitled to any offset or mitigation of the amount due under this license agreement as a result of the use of or payment for the space by another exhibitor in the Show.
c) Each covenant by the Exhibitor contained herein is material and of the essence of this license agreement and violation of any term or condition hereof by the Exhibitor shall be a default of the entire agreement entitling MPE to immediately and without notice revoke the privileges granted to the Exhibitor and take possession of the space of the defaulting Exhibitor. Any such revocation of the license granted herein shall be without prejudice to MPE to make any claim for damages or enforcement of the payment of any amounts due pursuant to the terms hereof.
Appears in 17 contracts
Samples: Space Agreement, Exhibit Space Agreement, Space Agreement
Cancellation and Termination. a) The exhibitor shall have the right to cancel this license agreement or downsize space by notice in writing to be delivered to MPE. All deposits/payments received by MPE up to the date of notice of cancellation or downsize are non-refundable and non-transferable and the balance of the full cost of the space is due immediately. In the event that the Exhibitor (i) fails to make payments in accordance with the payment schedule setout herein or (ii) fails to appear at the show; MPE reserves the right to cancel this license agreement without notice and all rights of the Exhibitor hereunder shall cease and terminate. MPE will retain any and all deposits/deposits/ payment(s) made by the Exhibitor as liquidated damages (and not as a penalty) for breach of this license agreement and all payments will be due per the terms of the contract. In the event of either of the above circumstances, MPE has the right to (i) re-rent said space and (ii) bring action against the Exhibitor for payment of the full cost of the space originally licensed from MPE.
b) If the Exhibitor violates or breaches any other terms or conditions of this license agreement, all payments made by the Exhibitor and all amounts due to MPE shall be deemed earned by MPE and all deposits received shall be non-refundable and non-transferable. In the event of any violation or breach of the terms and conditions of this license agreement, MPE shall have the right to immediately occupy the space of the violating and/or breaching Exhibitor and utilize it in any manner as MPE deems appropriate, including, but not limited to, re-licensing its use to another exhibitor. The Exhibitor shall not be entitled to any offset or mitigation of the amount due under this license agreement as a result of the use of or payment for the space by another exhibitor in the Show.
c) Each covenant by the Exhibitor contained herein is material and of the essence of this license agreement and violation of any term or condition hereof by the Exhibitor shall be a default of the entire agreement entitling MPE to immediately and without notice revoke the privileges granted to the Exhibitor and take possession of the space of the defaulting Exhibitor. Any such revocation of the license granted herein shall be without prejudice to MPE to make any claim for damages or enforcement of the payment of any amounts due pursuant to the terms hereof.
Appears in 7 contracts
Samples: Exhibit Space Application/Contract, Exhibit Space Application/Contract, Exhibit Space Application/Contract
Cancellation and Termination. a) The exhibitor shall have the right to cancel this license agreement or downsize by notice in writing to be delivered to MPE. All deposits/payments received by MPE up to the date of notice of cancellation or downsize are non-refundable and non-transferable and the balance of the full cost of the space is due immediately. In the event that the Exhibitor (i) fails to make payments in accordance with the payment schedule setout herein or (ii) fails to appear at the show; MPE reserves the right to cancel this license agreement without notice and all rights of the Exhibitor hereunder shall cease and terminate. MPE will retain any and all deposits/deposits/ payment(s) made by the Exhibitor as liquidated damages (and not as a penalty) for breach of this license agreement and all payments will be due per the terms of the contract. In the event of either of the above circumstances, MPE has the right to (i) re-rent said space and (ii) bring action against the Exhibitor for payment of the full cost of the space originally licensed from MPE.
b) If the Exhibitor violates or breaches any other terms or conditions of this license agreement, all payments made by the Exhibitor and all amounts due to MPE shall be deemed earned by MPE and all deposits received shall be non-refundable and non-transferable. In the event of any violation or breach of the terms and conditions of this license agreement, MPE shall have the right to immediately occupy the space of the violating and/or breaching Exhibitor and utilize it in any manner as MPE deems appropriate, including, but not limited to, re-licensing its use to another exhibitor. The Exhibitor shall not be entitled to any offset or mitigation of the amount due under this license agreement as a result of the use of or payment for the space by another exhibitor in the Show.
c) Each covenant by the Exhibitor contained herein is material and of the essence of this license agreement and violation of any term or condition hereof by the Exhibitor shall be a default of the entire agreement entitling MPE to immediately and without notice revoke the privileges granted to the Exhibitor and take possession of the space of the defaulting Exhibitor. Any such revocation of the license granted herein shall be without prejudice to MPE to make any claim for damages or enforcement of the payment of any amounts due pursuant to the terms hereof.
Appears in 6 contracts
Samples: Exhibit Space Application/Contract, Exhibit Space Application/Contract, Exhibit Space Application/Contract
Cancellation and Termination. a) The exhibitor shall have the right to cancel this license agreement or downsize space by notice in writing to be delivered to MPE. All deposits/payments received by MPE up to the date of notice of cancellation or downsize are non-refundable nonrefundable and non-transferable and the balance of the full cost of the space is due immediately. In the event that the Exhibitor (i) fails to make payments in accordance with the payment schedule setout herein or (ii) fails to appear at the show; MPE reserves the right to cancel this license agreement without notice and all rights of the Exhibitor hereunder shall cease and terminate. MPE will retain any and all deposits/payment(s) made by the Exhibitor as liquidated damages (and not as a penalty) for breach of this license agreement and all payments will be due per the terms of the contract. In the event of either of the above circumstances, MPE has the right to (i) re-rent said space and (ii) bring action against the Exhibitor for payment of the full cost of the space originally licensed from MPE.
b) If the Exhibitor violates or breaches any other terms or conditions of this license agreement, all payments made by the Exhibitor and all amounts due to MPE shall be deemed earned by MPE and all deposits received shall be non-refundable and non-transferable. In the event of any violation or breach of the terms and conditions of this license agreement, MPE shall have the right to immediately occupy the space of the violating and/or breaching Exhibitor and utilize it in any manner as MPE deems appropriate, including, but not limited to, re-licensing its use to another exhibitor. The Exhibitor shall not be entitled to any offset or mitigation of the amount due under this license agreement as a result of the use of or payment for the space by another exhibitor in the Show.
c) Each covenant by the Exhibitor contained herein is material and of the essence of this license agreement and violation of any term or condition hereof by the Exhibitor shall be a default of the entire agreement entitling MPE to immediately and without notice revoke the privileges granted to the Exhibitor and take possession of the space of the defaulting Exhibitor. Any such revocation of the license granted herein shall be without prejudice to MPE to make any claim for damages or enforcement of the payment of any amounts due pursuant to the terms hereof.
Appears in 5 contracts
Samples: Exhibit Space Application/Contract, Exhibit Space Application/Contract, Exhibit Space Application/Contract
Cancellation and Termination. a) The exhibitor shall have the right to cancel this license agreement or downsize space by notice in writing to be delivered to MPE. All deposits/payments received by MPE up to the date of notice of cancellation or downsize are non-refundable and non-non- transferable and the balance of the full cost of the space is due immediately. In the event that the Exhibitor (i) fails to make payments in accordance with the payment schedule setout herein or (ii) fails to appear at the show; MPE reserves the right to cancel this license agreement without notice and all rights of the Exhibitor hereunder shall cease and terminate. MPE will retain any and all deposits/payment(s) made by the Exhibitor as liquidated damages (and not as a penalty) for breach of this license agreement and all payments will be due per the terms of the contract. In the event of either of the above circumstances, MPE has the right to (i) re-rent said space and (ii) bring action against the Exhibitor for payment of the full cost of the space originally licensed from MPE.
b) If the Exhibitor violates or breaches any other terms or conditions of this license agreement, all payments made by the Exhibitor and all amounts due to MPE shall be deemed earned by MPE and all deposits received shall be non-refundable and non-transferable. In the event of any violation or breach of the terms and conditions of this license agreement, MPE shall have the right to immediately occupy the space of the violating and/or breaching Exhibitor and utilize it in any manner as MPE deems appropriate, including, but not limited to, re-licensing its use to another exhibitor. The Exhibitor shall not be entitled to any offset or mitigation of the amount due under this license agreement as a result of the use of or payment for the space by another exhibitor in the Show.
c) Each covenant by the Exhibitor contained herein is material and of the essence of this license agreement and violation of any term or condition hereof by the Exhibitor shall be a default of the entire agreement entitling MPE to immediately and without notice revoke the privileges granted to the Exhibitor and take possession of the space of the defaulting Exhibitor. Any such revocation of the license granted herein shall be without prejudice to MPE to make any claim for damages or enforcement of the payment of any amounts due pursuant to the terms hereof.
Appears in 5 contracts
Samples: Exhibit Space Application/Contract, Exhibit Space Application/Contract, Exhibit Space Application/Contract
Cancellation and Termination. a) The exhibitor Exhibitor shall have the right to cancel this license agreement or downsize by notice in writing to be delivered to MPECPI no later than ninety (90) business days preceding the opening date of the Show. All deposits/payments deposits received by MPE CPI up to the date of notice of cancellation or downsize are non-non- refundable and non-transferable and the balance of the full cost of the space is due immediatelytransferable. In the event that the Exhibitor (i) notifies CPI less than ninety (90) business days preceding the opening date of the Show that it wishes to cancel this license agreement; or (ii) fails to make payments in accordance with the payment schedule setout herein set out herein; or (iiiii) except as otherwise permitted herein, fails to appear at the show; MPE Show, CPI reserves the right to (iv) cancel this license agreement without notice and all rights of the Exhibitor hereunder shall cease and terminate. MPE will ; (v) retain any and all deposits/payment(s) payment made by the Exhibitor as liquidated damages (and not as a penalty) for breach of this license agreement and all payments will be due per the terms of the contract. In the event of either of the above circumstances, MPE has the right to agreement; (ivi) re-rent the said space space; and (iivii) bring action against the Exhibitor for payment of the full cost of the space originally licensed from MPECPI.
b) If the Exhibitor violates or breaches any other terms or conditions of this license agreement, all payments made by the Exhibitor and all amounts due to MPE CPI shall be deemed earned by MPE CPI and all deposits received shall be non-refundable and non-transferable. In the event of any violation or breach of the terms and conditions of this the license agreement, MPE CPI shall have the right to immediately occupy the space of the violating and/or breaching Exhibitor and utilize it in any manner that as MPE CPI deems appropriate, including, including but not limited to, re-re- licensing its use to another exhibitor. The Exhibitor shall not be entitled to any offset or mitigation of the amount due under this license agreement as a result of the use of or payment for the space by another exhibitor in the Show.
c) Each covenant by the Exhibitor contained herein is material and of the essence of this license agreement and violation of any term or condition hereof by the Exhibitor shall be a default of the entire agreement entitling MPE CPI to immediately and without notice revoke the privileges granted to the Exhibitor and take possession of the space of the defaulting Exhibitor. Any such revocation of the this license granted herein shall be without prejudice to MPE CPI to make any claim for damages or enforcement of the payment of any amounts due pursuant to the terms hereof.
Appears in 4 contracts
Samples: Exhibit Space Rental Agreement, Exhibit Space Rental Agreement, Exhibit Space Rental Agreement
Cancellation and Termination. a) The exhibitor Exhibitor shall have the right to cancel this license agreement or downsize Agreement by notice in writing to be delivered to MPECHFA no later than ninety (90) days preceding the opening date of the Show. All deposits/payments deposits received by MPE CHFA up to the date of notice of cancellation or downsize are non-refundable and non-transferable and the balance of the full cost of the space is due immediatelytransferable. In the event that the Exhibitor (i) notifies CHFA less than ninety (90) days preceding the opening date of the Show that it wishes to cancel this Agreement; or (ii) fails to make payments in accordance with the payment schedule setout herein set out herein; or (iiiii) except as otherwise permitted herein, fails to appear at the showShow; MPE CHFA reserves the right to (i) cancel this license agreement Agreement without notice and all rights of the Exhibitor hereunder shall cease and terminate. MPE will ; (ii) retain any and all deposits/payment(s) payment made by the Exhibitor as liquidated damages (and not as a penalty) for breach of this license agreement and all payments will be due per the terms of the contract. In the event of either of the above circumstances, MPE has the right to Agreement; (iiii) re-rent the said space space; and (iiiv) bring action against the Exhibitor for payment of the full cost of the space originally licensed from MPE.
b) CHFA. If the Exhibitor violates or breaches any other terms term or conditions condition of this license agreementAgreement, all payments made by the Exhibitor and all amounts due to MPE CHFA shall be deemed earned by MPE CHFA and all deposits received shall be non-refundable and non-transferable. In the event of any violation or breach of the terms and conditions of this license agreementAgreement, MPE CHFA shall have the right to immediately terminate this Agreement and occupy the space of the violating and/or breaching Exhibitor and utilize it in any manner as MPE CHFA deems appropriate, including, but not limited to, re-licensing its use to another exhibitor. The Exhibitor shall not be entitled to any offset or mitigation of the amount due under this license agreement Agreement as a result of the use of or payment for the space by another exhibitor in the Show.
c) . Each covenant by the Exhibitor contained herein is material and of the essence of this license agreement Agreement and violation of any term or condition hereof by the Exhibitor shall be a default of the entire agreement Agreement entitling MPE CHFA to immediately and without notice terminate this Agreement and revoke the privileges granted to the Exhibitor and take possession of the space of the defaulting Exhibitor. Any such revocation of the license granted herein shall be without prejudice to MPE CHFA to make any claim for damages or enforcement of the payment of any amounts due pursuant to the terms hereof. In the event that (i) the facility in which the Show is to be held or is held is destroyed or otherwise becomes unavailable for occupancy or (ii) CHFA is unable to permit the Exhibitor to occupy the facility or the space, or (iii) if the Show is cancelled or curtailed, for any reasons beyond the control of CHFA, including but not limited to, casualty, explosion, fire, lightning, flood, weather, epidemic, earthquake or other Acts of God, acts of public enemies, riots or civil disturbances, strike, lockout or boycott, CHFA will not be responsible for any loss of business, loss of profits, consequential or special damages or expenses of whatever nature that the Exhibitor may suffer.
Appears in 4 contracts
Samples: Exhibit Space Application & Contract, Exhibit Space Application & Contract, Exhibit Space Application & Contract
Cancellation and Termination. a) The exhibitor Exhibitor shall have the right to cancel this license agreement or downsize by notice in writing to be delivered to MPENOHGS no later than thirty (30) days preceding the opening date of the Show. All deposits/payments deposits received by MPE NOHGS up to the date of notice of cancellation or downsize are non-refundable nonrefundable and non-transferable and the balance of the full cost of the space is due immediatelytransferable. In the event that the Exhibitor Exhibitor
(i) notifies NOHGS less than thirty (30) days preceding the opening date of the Show that is wished to cancel this license agreement; or (ii) fails to make payments in accordance with the payment schedule setout herein set out herein; or (iiiii) except as otherwise permitted herein, fails to appear at the showShow; MPE NOHGS reserves the right to (iv) cancel this license agreement without notice and all rights of the Exhibitor hereunder shall cease and terminate. MPE will ; (v) retain any and all deposits/payment(s) payment made by the Exhibitor as liquidated damages (and not as a penalty) for breach of this license agreement and all payments will be due per the terms of the contract. In the event of either of the above circumstances, MPE has the right to agreement; (ivi) re-rent the said space and space; and
(iivii) bring action against the Exhibitor for payment against the Exhibitor for payment of the full cost of the space originally licensed from MPE.
NOHGS. b) If the Exhibitor violates or breaches any other terms or & conditions of this license agreement, all payments made by the Exhibitor and all amounts due to MPE NOHGS shall be deemed earned by MPE NOHGS and all deposits received shall be non-refundable and non-transferablenontransferable. In the event of any violation or breach of the terms and conditions of this license agreement, MPE NOHGS shall have the right to immediately occupy the space of the violating and/or breaching Exhibitor and utilize it in any manner as MPE NOHGS deems appropriate, including, but not limited to, re-licensing its use to another exhibitor. The Exhibitor shall not be entitled to any offset or mitigation of the amount due under this license agreement as a result of the use of or payment for the space by another exhibitor in the Show.
. c) Each covenant by the Exhibitor contained herein is material and of the essence of this license agreement and violation of any term or condition hereof by the Exhibitor shall be a default of the entire agreement entitling MPE NOHGS to immediately and without notice revoke the privileges granted to the Exhibitor and take possession of the space of the defaulting Exhibitor. Any such revocation of the license granted herein shall be without prejudice to MPE NOHGS to make any claim for damages or enforcement of the payment of any amounts due pursuant to the terms hereof.
Appears in 3 contracts
Samples: Exhibitor Agreement, Exhibitor Agreement, Exhibitor Agreement
Cancellation and Termination. A. Cancellation (default termination)
1) WMI may, at its election, cancel this purchase order in whole or in part by giving notice of default to Seller, (a) The exhibitor if Seller refuses or fails to deliver the supplies or any installment thereof strictly within the time specified, (b) if Seller refuses or fails to comply strictly with any provision of or repudiates this purchase order, or (c) if Seller becomes insolvent or subject to proceedings under any law relating to bankruptcy, insolvency or the relief of debtors.
2) Upon cancellation Seller’s liability to WMI shall have include (without limitation) the right cost of effecting cover, by purchase or otherwise, and WMI may require Seller to cancel this license agreement transfer title and deliver as directed all properly produced, procured, or downsize allocated by notice in writing to be delivered to MPE. All deposits/payments received by MPE up to Seller for the date of notice of cancellation canceled portion hereof.
3) Delay or downsize are non-refundable and non-transferable and the balance of the full cost of the space is due immediately. In the event that the Exhibitor (i) fails to make payments in accordance with the payment schedule setout herein or (ii) fails to appear at the show; MPE reserves the right to cancel this license agreement without notice and all rights of the Exhibitor hereunder shall cease and terminate. MPE will retain any and all deposits/payment(s) made by the Exhibitor as liquidated damages (and not as a penalty) for breach of this license agreement and all payments will be due per the terms of the contract. In the event of either of the above circumstances, MPE has the right to (i) re-rent said space and (ii) bring action against the Exhibitor for payment of the full cost of the space originally licensed from MPE.
b) If the Exhibitor violates or breaches any other terms or conditions of this license agreement, all payments made by the Exhibitor and all amounts due to MPE shall be deemed earned by MPE and all deposits received shall be non-refundable and non-transferable. In the event of any violation or breach of the terms and conditions of this license agreement, MPE shall have the right to immediately occupy the space of the violating and/or breaching Exhibitor and utilize it in any manner as MPE deems appropriate, including, but not limited to, re-licensing its use to another exhibitor. The Exhibitor delivery shall not be entitled to any offset or mitigation of the amount due under this license agreement excused unless (a) it arises solely as a result of unforeseeable causes beyond the use control and without the fault or negligence of both Seller and its subcontractors at any tier, and (b) Seller gives timely notice to WMI of both the delay or payment for non-delivery and the space by another exhibitor in cause thereof and exerts every possible effort to mitigate the Showeffect of same on WMI.
4) WMI liability to Seller after cancellation shall be limited to the sum of the agreed price of accepted supplies (equitably reduced if they are non-conforming) and, should WMI pursuant to (2) above, require the delivery of property, the smallest of (a) its reasonable market value, (b) its cost to Seller, or (c) Each covenant by the Exhibitor contained herein approximate amount the settlement would have been had the cancellation been a termination pursuant to B. below.
5) If, after notice of cancellation, it is material and determined that Seller was not in default (in that none of the essence of this license agreement and violation of any term conditions set forth in A(1) (a), (b), or condition hereof by (c) above existed), the Exhibitor cancellation shall be considered a default termination pursuant to B. below.
B. Termination (for convenience) XXX-00.000-0 Xxxxxxxxxxx for Convenience of the entire agreement entitling MPE Government applies, except that:
(1) Paragraph (c) is deleted;
(2) The 1 year period in paragraph (d) is reduced to immediately and without notice revoke the privileges granted six months; and
(3) The 90-day period in paragraph (k) is reduced to the Exhibitor and take possession of the space of the defaulting Exhibitor. Any such revocation of the license granted herein shall be without prejudice to MPE to make any claim for damages or enforcement of the payment of any amounts due pursuant to the terms hereof45 days.
Appears in 1 contract
Samples: Purchase Order Terms and Conditions
Cancellation and Termination. (a) The exhibitor Sponsor shall have the right to cancel this license sponsorship agreement or downsize by notice in writing to be delivered to MPEOrganiser no later than one hundred and twenty (120) days preceding the scheduled date of the Event. All deposits/payments deposits received by MPE Organiser up to the date of notice of cancellation or downsize are non-refundable and non-transferable and the balance of the full cost of the space is due immediatelytransferable. In the event that the Exhibitor Sponsor (i) notifies Organiser less than sixty (60) days preceding the opening date of the Event that it wishes to cancel this sponsorship agreement; or (ii) fails to make payments in accordance with the payment schedule setout herein set out herein; or (iiiii) except as otherwise permitted herein, fails to appear at the showEvent; MPE Organiser reserves the right to (iv) cancel this license sponsorship agreement without notice and all rights of the Exhibitor Sponsor hereunder shall cease and terminate. MPE will ; (v) retain any and all deposits/payment(s) payment made by the Exhibitor Sponsor as liquidated damages (and not as a penalty) for breach of this license agreement and all payments will be due per the terms of the contract. In the event of either of the above circumstances, MPE has the right to sponsorship agreement; (ivi) re-rent license the said space Sponsorship; and (iivii) bring action against the Exhibitor Sponsor for payment of the full cost of the space originally licensed from MPEOrganiser.
(b) In the event that this sponsorship agreement is cancelled or terminated, the Sponsor shall immediately cease using any Event or Organiser logos or trademarks (if applicable).
(c) If the Exhibitor Sponsor violates or breaches any other terms or conditions of this license sponsorship agreement, all payments made by the Exhibitor Sponsor and all amounts due to MPE Organiser shall be deemed earned by MPE Organiser and all deposits received shall be non-refundable and non-transferable. In the event of any violation or breach of the terms and conditions of this license sponsorship agreement, MPE Organiser shall have the right to immediately occupy the space space, if applicable, of the violating and/or breaching Exhibitor Sponsor and utilize it in any manner as MPE Organiser deems appropriate, including, but not limited to, re-licensing its use to another exhibitorsponsor. The Exhibitor Sponsor shall not be entitled to any offset or mitigation of the amount due under this license agreement as a result of the use of or payment for the space by another exhibitor in the Show.
c) sponsor. Each covenant by the Exhibitor Sponsor contained herein is material and of the essence of this license agreement and violation of any term or condition hereof by the Exhibitor Sponsor shall be a default of the entire agreement entitling MPE Organiser to immediately and without notice revoke the privileges granted to the Exhibitor and Sponsor and, if applicable, take possession of the space of the defaulting ExhibitorSponsor. Any such revocation of the license granted for the sponsorship herein shall be without prejudice to MPE Organiser to make any claim for damages or enforcement of the payment of any amounts due pursuant to the terms hereof.
(d) If the Organiser cancels the Event, due to a Force Majeure event or otherwise, the Sponsor will receive 100% refund of any monies paid, less those reasonable costs incurred by the Sponsor up until the notification of cancellation. The Organiser will use its best endeavours to refund any amounts due to the Sponsor within twenty (20) working days following notification of the cancellation.
Appears in 1 contract
Samples: Exhibition Agreement
Cancellation and Termination. a) The exhibitor shall have the right to cancel this license agreement or downsize a. This Agreement may be canceled at any time by notice in writing to be delivered to MPE. All deposits/payments received Exhibitor by MPE up to the date of providing unequivocal written notice of cancellation or downsize to JUMPING FENCES INC. ("Notice of Cancellation"). Booth reservations are non-refundable refundable.
b. In the event of cancellation by Exhibitor for any reason, JUMPING FENCES INC. may at its discretion reassign and non-transferable and the balance of the full cost of the space is due immediately. otherwise lease or utilize Exhibitor's canceled space.
c. In the event that (1) the EXPO is canceled (2) it would be impossible, impractical, dangerous or not in the best interest of the EXPO for JUMPING FENCES INC. to provide Exhibitor's Space to Exhibitor (i) fails to make payments in accordance with the payment schedule setout herein or (ii3) fails JUMPING FENCES INC. is otherwise unable or unwilling to appear at the show; MPE reserves the right provide any of Exhibitors Space to cancel Exhibitor under this license agreement without notice and all rights Agreement for any reason, then prior to January 31, 2015, JUMPING FENCES INC. will refund that portion of the Exhibitor hereunder shall cease Exhibitor's deposit applicable to the space not provided. If and terminate. MPE will retain any and all deposits/payment(s) made by to the Exhibitor as liquidated damages (and not as a penalty) extent such space is provided in part, or only for breach of this license agreement and all payments will be due per the terms portion of the contractEXPO, JUMPING FENCES INC. In shall pro-rate the event of either of the above circumstances, MPE has the right charges to (i) re-rent said space and (ii) bring action against the Exhibitor for payment of the full cost of the space originally licensed from MPE.
b) If the Exhibitor violates or breaches any other terms or conditions of this license agreement, all payments made by the Exhibitor and all amounts due to MPE return any overpayment. JUMPING FENCES INC. shall be deemed earned by MPE and all deposits received shall be non-refundable and non-transferable. In the event have no liability for any consequential or other damages of any violation kind that may be claimed, suffered or breach of the terms and conditions of this license agreement, MPE shall have the right to immediately occupy the space of the violating and/or breaching Exhibitor and utilize it in any manner as MPE deems appropriate, including, but not limited to, re-licensing its use to another exhibitor. The Exhibitor shall not be entitled to any offset or mitigation of the amount due under this license agreement incurred as a result of the use of its failure to provide space to Exhibitor or payment for the space by another exhibitor in the Showany other reason.
c) Each covenant by the Exhibitor contained herein is material and d. Notwithstanding any provision of this Agreement of the essence of this license agreement contrary, and violation without waiver of any term other claim or condition hereof by remedy available to JUMPING FENCES INC. under this Agreement or otherwise, JUMPING FENCES INC. may declare this Agreement terminated, cancel Exhibitor's Space and in its discretion proceed to lease Exhibitor's Space to a third party if, at any time in this Agreement Exhibitor violates the Exhibitor shall be a default of the entire agreement entitling MPE to immediately Fort Xxxxx Center Rules, Regulations and without notice revoke the privileges granted to the Exhibitor Policies. Such termination and take possession of the space of the defaulting Exhibitor. Any such revocation of the license granted herein cancellation for breach shall be without prejudice liability to MPE to make any claim for damages or enforcement of the payment of any amounts due pursuant to the terms hereofJUMPING FENCES INC.
Appears in 1 contract
Samples: Exhibitor Agreement
Cancellation and Termination. a) The exhibitor a. YMP shall have the right to cancel immediately terminate this license agreement License Agreement in the event that: (i) Exhibitor violates or downsize by notice breaches any of the terms, conditions, representations or warranties of this License Agreement, including Exhibitors payment obligations, or Exhibitors failure to appear at the Event; (ii) Exhibitor, or any of its principles, behaves in writing a manner or engages in any activity the YMP reasonably believes would bring Exhibitor or YMP into public disrepute, contempt, scandal, or ridicule, or would materially reflect unfavorably on Exhibitor or YMP or the Show, including but not limited to be delivered to MPE. conflicts with other exhibitors, attendees, or other show participants at the Event, a rating with the Better Business Bureau of D+ or below, or a substantial number of negative reviews on Yelp or similar sites, (iii) YMP determines, in its sole discretion, that Exhibitor is promoting the sale of potentially illegal or unsafe products or that the Exhibitor is engages in deceptive, false, or misleading advertising or activity; or (iv) Exhibitor is removed from one of the YMP other events for any of the above-references reasons.
b. All deposits/payments received by MPE up YMP or due to the date of notice of cancellation or downsize YMP are non-refundable and non-transferable and transferable. If the License Agreement is terminated by the Exhibitor, or any space is downsized at the request of the Exhibitor, the balance of the full cost of the space is due immediatelyshall be immediately due. In Exhibitor acknowledges that because YMP will make a substantial investment in the Show prior to the Show taking place, YMP’s damages in the event of termination by Exhibitor or termination by YMP due to Exhibitor breach of this License Agreement would be difficult to establish. Exhibitor agrees that the Exhibitor (i) fails to make non-refundable payments in accordance with the payment schedule setout herein or (ii) fails to appear at the show; MPE reserves the right to cancel this license agreement without notice and all rights of the Exhibitor hereunder shall cease and terminate. MPE will retain any and all deposits/payment(s) made by the Exhibitor as constitute liquidated damages (damages, and not as a an unlawful penalty) , for breach of this license agreement and all payments will be due per the terms of the contract. License Agreement.
c. In the event of either of the above circumstances, MPE has the right to (i) re-rent said space and (ii) bring action against the Exhibitor for payment of the full cost of the space originally licensed from MPE.
b) If the Exhibitor violates or breaches any other terms or conditions termination of this license agreementLicense Agreement, all payments made by the Exhibitor and all amounts due to MPE shall be deemed earned by MPE and all deposits received shall be non-refundable and non-transferable. In the event of any violation or breach of the terms and conditions of this license agreement, MPE YMP shall have the right to immediately occupy the space of the violating and/or breaching Exhibitor and utilize it in any manner as MPE YMP deems appropriate, including, including but not limited to, re-licensing its use to another exhibitor. The Exhibitor shall not be entitled to any offset or mitigation of the amount due under this license License agreement as a result of the use of or payment for the space by another exhibitor in the Show.
c) Each covenant by the Exhibitor contained herein is material and of the essence of this license agreement and violation of any term or condition hereof by the Exhibitor shall be a default of the entire agreement entitling MPE to immediately and without notice revoke the privileges granted to the Exhibitor and take possession of the space of the defaulting Exhibitor. Any such revocation of the license granted herein shall be without prejudice to MPE to make any claim for damages or enforcement of the payment of any amounts due pursuant to the terms hereof.
Appears in 1 contract
Samples: License Agreement
Cancellation and Termination. a) The exhibitor shall have the right to cancel this license agreement or downsize space by notice in writing to be delivered to MPEUtah Xxxx. All deposits/payments received by MPE up Utah Xxxx to the date of notice of cancellation or downsize are non-non- refundable and non-transferable and the balance of the full cost of the space is due immediately. In the event that the Exhibitor (i) fails to make payments in accordance with the payment schedule setout herein or (ii) fails to appear at the show; MPE Utah Xxxx reserves the right to cancel this license agreement without notice and all rights of the Exhibitor hereunder shall cease and terminate. MPE Utah Xxxx will retain any and all deposits/payment(s) made by the Exhibitor as liquidated damages (and not as a penalty) for breach of this license agreement and all payments will be due per the terms of the contract. In the event of either of the above circumstances, MPE Utah Xxxx has the right to (i) re-rent said space and (ii) bring action against the Exhibitor for payment of the full cost of the space originally licensed from MPEUtah Xxxx.
b) If the Exhibitor violates or breaches any other terms or conditions of this license agreement, all payments made by the Exhibitor and all amounts due to MPE Utah Xxxx shall be deemed earned by MPE Utah Xxxx and all deposits received shall be non-non- refundable and non-transferable. In the event of any violation or breach of the terms and conditions of this license agreement, MPE Utah Xxxx shall have the right to immediately occupy the space of the violating and/or breaching Exhibitor and utilize it in any manner as MPE Utah Xxxx deems appropriate, including, but not limited to, re-licensing its use to another exhibitor. The Exhibitor shall not be entitled to any offset or mitigation of the amount due under this license agreement as a result of the use of or payment for the space by another exhibitor in the Show.
c) Each covenant by the Exhibitor contained herein is material and of the essence of this license agreement and violation of any term or condition hereof by the Exhibitor shall be a default of the entire agreement entitling MPE Utah Xxxx to immediately and without notice revoke the privileges granted to the Exhibitor and take possession of the space of the defaulting Exhibitor. Any such revocation of the license granted herein shall be without prejudice to MPE Utah Xxxx to make any claim for damages or enforcement of the payment of any amounts due pursuant to the terms hereof.
Appears in 1 contract
Samples: Exhibit Space Application/Contract
Cancellation and Termination. a) The exhibitor MPE shall have the right right, but not the obligation, to cancel immediately terminate this license agreement License Agreement in the event that: (i) Exhibitor violates or downsize by notice breaches any of the terms, conditions, representations or warranties of this License Agreement, including Exhibitor’s payment obligations or Exhibitor’s failure to appear at the Event; (ii) Exhibitor, or any of its principles, behaves in writing a manner or engages in any activity that MPE reasonably believes would bring Exhibitor or MPE into public disrepute, contempt, scandal or ridicule, or would materially reflect unfavorably on Exhibitor or MPE or the Show, including but not limited to be delivered to conflicts with other exhibitors, attendees or other show participants at the Event, a rating with the Better Business Bureau of D+ or below, or a substantial number of negative reviews on Yelp or similar sites; (iii) MPE determines, in its sole discretion, that Exhibitor is promoting the sale of potentially illegal or unsafe products or that Exhibitor is engaged in deceptive, false, or misleading advertising or activity; or (iv) Exhibitor is removed from one of MPE. ’s other events for any of the above-referenced reasons.
b) All deposits/payments received by MPE up or due to the date of notice of cancellation or downsize MPE are non-refundable and non-transferable and transferable. If the License Agreement is terminated by Exhibitor, or any space is downsized at the request of the Exhibitor, the balance of the full cost of the space is due immediatelyshall be immediately due. In Exhibitor acknowledges that because MPE will make a substantial investment in the Show prior to the Show taking place, MPE’s damages in the event of termination by Exhibitor or termination by MPE due to Exhibitor’s breach of this License Agreement would be difficult to establish. Exhibitor agrees that the Exhibitor (i) fails to make non-refundable payments in accordance with the payment schedule setout herein or (ii) fails to appear at the show; MPE reserves the right to cancel this license agreement without notice and all rights of the Exhibitor hereunder shall cease and terminate. MPE will retain any and all deposits/payment(s) made by the Exhibitor as constitute liquidated damages (damages, and not as a an unlawful penalty) , for breach of this license agreement and all payments will be due per the terms of the contract. License Agreement.
c) In the event of either of the above circumstances, MPE has the right to (i) re-rent said space and (ii) bring action against the Exhibitor for payment of the full cost of the space originally licensed from MPE.
b) If the Exhibitor violates or breaches any other terms or conditions termination of this license agreement, all payments made by the Exhibitor and all amounts due to MPE shall be deemed earned by MPE and all deposits received shall be non-refundable and non-transferable. In the event of any violation or breach of the terms and conditions of this license agreementLicense Agreement, MPE shall have the right to immediately occupy the space of the violating and/or breaching Exhibitor and utilize it in any manner as MPE deems appropriate, including, but not limited to, re-licensing its use to another exhibitor. The Exhibitor shall not be entitled to any offset or mitigation of the amount due under this license agreement License Agreement as a result of the use of or payment for the space by another exhibitor in the Show.
c) Each covenant by the Exhibitor contained herein is material and of the essence of this license agreement and violation of any term or condition hereof by the Exhibitor shall be a default of the entire agreement entitling MPE to immediately and without notice revoke the privileges granted to the Exhibitor and take possession of the space of the defaulting Exhibitor. Any such revocation of the license granted herein shall be without prejudice to MPE to make any claim for damages or enforcement of the payment of any amounts due pursuant to the terms hereof.
Appears in 1 contract
Samples: License Agreement
Cancellation and Termination. aA. Either OWNER or LESSEE (LESSEE not being in default hereunder) The exhibitor may cancel this Lease Agreement at any time by giving to the other party sixty (60) days prior written notice of intent to do so. In such event, LESSEE (LESSEE not being in default) shall not be obligated to purchase the vehicles, but shall, unless purchased, return them to OWNER at such locations as may be designated by OWNER, de-identified and in good condition as per the terms of this Lease.
B. This Lease Agreement may also be canceled in part by either party by specifying certain vehicles to be eliminated under the same terms and conditions as outlined in paragraph 8A above, but in such event the Lease Agreement will continue in effect as to all other vehicles.
C. Upon expiration or termination of the Lease Agreement, LESSEE shall, unless purchase is required hereunder, promptly (1) return the leased vehicle(s) to the OWNER road worthy, complete, and in good order and condition, reasonable wear and tear alone excepted, and (2) pay all transportation charges to OWNER’S requested locations for Vehicle return, and (3) pay the cost to remove any decals and/or artwork from the vehicle(s). Should the leased vehicle(s) so returned not be in the required good order and condition, OWNER shall serve written notice on LESSEE to make the required repairs, and in the event LESSEE fails to do so within 15 days after such notice, OWNER may at its option cause such repairs to be made, in which event LESSEE agrees promptly to reimburse OWNER for all expense so incurred by OWNER.
D. Time is of the essence for this Lease Agreement and, in the event LESSEE breaches or is in default of any of its provisions, OWNER may immediately, without formal notice or demand, take possession of, retain and/or refuse to re-deliver the leased vehicle(s) to LESSEE until such breach or default is cured without any of such actions being deemed an act of cancellation and without prejudice to other remedies OWNER may have, and LESSEE shall continue to be liable for rent and other charges accruing during the period the leased vehicle(s) are retained by OWNER. If LESSEE’S breach or default shall continue for seven (7) days after written notice thereof shall have been mailed to LESSEE, OWNER may, at its election and irrespective of whether OWNER shall have elected to take possession of or retain the right to cancel leased vehicle(s) as provided above, terminate this license agreement or downsize by notice in writing to be delivered to MPE. All deposits/payments received by MPE up to the date of notice of cancellation or downsize are non-refundable and non-transferable and the balance of the full cost of the space is due Lease Agreement immediately. In the event of such election to terminate, OWNER may, at its option, demand that LESSEE purchase the Exhibitor leased vehicle(s) and LESSEE shall promptly purchase the same for cash without prejudice to such other remedies as OWNER may have under this Lease Agreement or at law. The purchase price shall be the “Schedule A” value (ii.e., the “Original Value” as specified on the “Schedule A” less a sum equal to the “Weekly Depreciation” as specified on the “Schedule A” multiplied by the number of weeks in service) fails to make payments in accordance with plus any unexpired licenses and applicable taxes; however, the payment schedule setout herein or minimum purchase at any time shall not be less than twenty percent (ii20%) fails to appear at the show; MPE reserves the right to cancel this license agreement without notice and all rights of the Exhibitor hereunder shall cease “Original Value” of each vehicle as set out in “Schedule A”. In addition, LESSEE agrees to pay OWNER on each vehicle to be purchased, an amount equal to the difference between the interest actually paid by OWNER to the bank or other institution which has financed the leased equipment, and terminate. MPE will retain any and all deposits/payment(s) made the amount of interest which would have been paid by OWNER to the Exhibitor as liquidated damages (and not as a penalty) date of purchase by LESSEE, had interest on the loan for breach of this license agreement and all payments will be due per the terms vehicle been prorated equally over the term of the contractlease. In the event OWNER finances all of either or any part of the above circumstancesequipment purchases through its own resources, MPE has the right to (i) re-rent said space and (ii) bring action against the Exhibitor for payment of the full cost of the space originally licensed from MPE.
b) If the Exhibitor violates or breaches any other terms or conditions of this license agreement, all payments made by the Exhibitor and all amounts due to MPE it shall be deemed earned by MPE a financial institution as hereinbefore provided. LESSEE shall have no obligation or right to purchase any Vehicle as to which the term on Schedule A has expired. E. This Agreement shall terminate automatically at the election of OWNER and all deposits received without notice to LESSEE if LESSEE shall (1) become insolvent, or (2) file a voluntary petition in bankruptcy, or (3) make an assignment for the benefit of creditors, or (4) be non-refundable and non-transferableadjudicated a bankrupt, or (5) if a receiver be appointed for LESSEE’S business, or (6) make a material liquidation of assets. In the event of any violation or breach such automatic termination, OWNER may, at its option, demand that LESSEE purchase the leased vehicle(s) leased hereunder and LESSEE shall promptly purchase the vehicle(s) for cash at the purchase price as computed in accordance with the provision of the terms and conditions of this license agreement, MPE shall have the right to immediately occupy the space of the violating and/or breaching Exhibitor and utilize it in any manner as MPE deems appropriate, including, but not limited to, re-licensing its use to another exhibitor. The Exhibitor shall not be entitled to any offset or mitigation of the amount due under this license agreement as a result of the use of or payment for the space by another exhibitor in the Show.
c) Each covenant by the Exhibitor contained herein is material and of the essence of this license agreement and violation of any term or condition paragraph 8D hereof by the Exhibitor shall be a default of the entire agreement entitling MPE to immediately and without notice revoke the privileges granted to the Exhibitor and take possession of the space of the defaulting Exhibitor. Any such revocation of the license granted herein shall be without prejudice to MPE to make any claim for damages such other remedies as OWNER may have under this Lease Agreement or enforcement of the payment of any amounts due pursuant to the terms hereofat law.
Appears in 1 contract
Samples: Truck Lease Agreement
Cancellation and Termination. (a) The exhibitor Xxxxxx may terminate this Agreement and cancel any open purchase order release in whole or in part for any reason and at any time upon three (3) Business Days prior written notice to Xxxxxx. Termination of this Agreement by Xxxxxx shall have be Xxxxxx’ sole and exclusive remedy for any breach hereof or for any other claim by Xxxxxx arising under, or in connection with this Agreement, performance by Xxxxxx of any and all of its obligations hereunder and/or with respect to any Product delivered to it pursuant to this Agreement. Without limiting the generality of the foregoing, Xxxxxx shall not file and hereby waives any right to cancel file in the Case any claims arising for breach of this license agreement or downsize by notice in writing to be delivered to MPE. All deposits/payments received by MPE up to the date Agreement, including any such claims for breach of notice this Agreement that might otherwise constitute administrative expenses of cancellation or downsize are non-refundable Xxxxxx under Section 503(b) and non-transferable and the balance 507(a)(i) of the full cost Bankruptcy Code. Xxxxxx also expressly waives any and all right of the space is due immediately. offset, recoupment or counterclaim against Xxxxxx with respect to any breach by Xxxxxx of its obligations under this Agreement.
(b) In the event that the Exhibitor funds furnished or agreed to be furnished to Xxxxxx (iincluding, without limitation, the funds furnished by Xxxxxx pursuant to Section 5(c) fails and Section 10(c)) are reasonably expected to make payments be insufficient to permit Xxxxxx to pay the obligations and to satisfy the liabilities incurred by it or reasonably expected to be incurred by it within the following ninety (90) days as and when they become due and payable (an “Expected Funding Deficiency”), Xxxxxx shall promptly serve a written notice (a “Xxxxxx Termination Notice”) on Xxxxxx which shall identify the insufficiency. Upon receipt by Xxxxxx of a Xxxxxx Termination Notice, Xxxxxx shall have fifteen (15) Business Days to either fund or agree in accordance with writing to fund the payment schedule setout herein or (ii) fails to appear at the show; MPE reserves the right to cancel this license agreement without notice and all rights amount of the Exhibitor hereunder shall cease and terminate. MPE will retain any and all deposits/payment(s) made by the Exhibitor Expected Funding Deficiency specified as liquidated damages (and not as a penalty) for breach of this license agreement and all payments will be due per the terms of the contract. In the event of either of the above circumstances, MPE has the right to (i) re-rent said space and (ii) bring action against the Exhibitor for payment of the full cost of the space originally licensed from MPE.
b) If the Exhibitor violates or breaches any other terms or conditions of this license agreement, all payments made by the Exhibitor and all amounts due to MPE shall be deemed earned by MPE and all deposits received shall be non-refundable and non-transferable. In the event of any violation or breach of the terms and conditions of this license agreement, MPE shall have the right to immediately occupy the space of the violating and/or breaching Exhibitor and utilize it in any manner as MPE deems appropriate, including, but not limited to, re-licensing its use to another exhibitor. The Exhibitor shall not be entitled to any offset or mitigation of the amount due under this license agreement as a result of the use of or payment for the space by another exhibitor needed in the ShowXxxxxx Termination Notice or this Agreement shall terminate automatically (a “Funding Termination”).
c) Each covenant by the Exhibitor contained herein is material and of the essence of this license agreement and violation of any term or condition hereof by the Exhibitor shall be a default of the entire agreement entitling MPE to immediately and without notice revoke the privileges granted to the Exhibitor and take possession of the space of the defaulting Exhibitor. Any such revocation of the license granted herein shall be without prejudice to MPE to make any claim for damages or enforcement of the payment of any amounts due pursuant to the terms hereof.
Appears in 1 contract
Samples: Transition Supply Agreement (Briggs & Stratton Corp)
Cancellation and Termination. a) The exhibitor shall have the right to cancel this license agreement or downsize by notice in writing to be delivered to MPEBCLNA. All deposits/payments received by MPE BCLNA up to the date of notice of cancellation or downsize are non-refundable and non-transferable and the balance of the full cost of the space is due immediately. In the event that the Exhibitor (i) fails to make payments in accordance with the payment schedule setout set out herein or (ii) fails to appear at the show; MPE BCLNA reserves the right to cancel this license agreement without notice and all rights of the Exhibitor hereunder shall cease and terminate. MPE BCLNA will retain any and all deposits/payment(s) made by the Exhibitor as liquidated damages (and not as a penalty) for breach of this license agreement and all payments will be due per the terms of the this contract. In the event of either of the above circumstances, MPE BCLNA has the right to (i) re-rent said space and (ii) bring action against the Exhibitor for payment of the full cost of the space originally licensed from MPEBCLNA.
b) If the Exhibitor violates or breaches any other terms or conditions of this license agreement, all payments made by the Exhibitor and all amounts due to MPE BCLNA shall be deemed earned by MPE BCLNA and all deposits received shall be non-refundable and non-non- transferable. In the event of any violation or breach of the terms and conditions of this license agreement, MPE BCLNA shall have the right to immediately occupy the space of the violating and/or breaching Exhibitor and utilize it in any manner as MPE BCLNA deems appropriate, including, but not limited to, re-licensing its use to another exhibitor. The Exhibitor shall not be entitled to any offset or mitigation of the amount due under this license agreement as a result of the use of or payment for the space by another exhibitor in the Show.
c) Each covenant by the Exhibitor contained herein is material and of the essence of this license agreement and violation of any term or condition hereof by the Exhibitor shall be a default of the entire agreement entitling MPE BCLNA to immediately and without notice revoke the privileges granted to the Exhibitor and take possession of the space of the defaulting Exhibitor. Any such revocation of the license granted herein shall be without prejudice to MPE BCLNA to make any claim for damages or enforcement of the payment of any amounts due pursuant to the terms hereof.
Appears in 1 contract
Samples: Event & Venue Rental
Cancellation and Termination. a) The exhibitor In the event the Seller is dissolved, bankrupt or wound-up or makes any assignment for the benefit of its creditors or take or attempts to take the benefit of any insolvency, winding-up or bankruptcy legislation or if a petition in bankruptcy or in winding-up or for reorganization shall be filed by or against the Seller or if a receiver, trustee, or agent be appointed for or enter into physical possession of the property of the Seller, the Purchaser shall have the right to cancel this license agreement terminate the Purchase Order or downsize by notice in writing any part thereof, without any compensation whatsoever to be delivered to MPE. All deposits/payments received by MPE up to the date of Seller and without serving a formal notice of cancellation default or downsize are non-refundable and non-transferable and obtaining the balance consent of the full cost of the space is due immediatelyany Court. In the event that the Exhibitor (i) fails to make payments in accordance with the payment schedule setout herein or (ii) fails to appear at the show; MPE reserves the right to cancel this license agreement without notice and all rights of the Exhibitor hereunder shall cease and terminate. MPE will retain any and all deposits/payment(s) made by the Exhibitor as liquidated damages (and not as a penalty) for breach of this license agreement and all payments will be due per the terms of If under such circumstances Purchaser terminates the contract. In the event of either of the above circumstances, MPE has the right to (i) re-rent said space and (ii) bring action against the Exhibitor for payment of the full cost of the space originally licensed from MPE.
b) If the Exhibitor violates in whole or breaches any other terms or conditions of this license agreementpart, all payments made by the Exhibitor and all amounts due to MPE shall be deemed earned by MPE and all deposits received shall be non-refundable and non-transferable. In the event of any violation or breach of the terms and conditions of this license agreement, MPE shall have the right to immediately occupy the space of the violating and/or breaching Exhibitor and utilize it in any manner as MPE deems appropriate, including, but not limited to, re-licensing its use to another exhibitor. The Exhibitor Purchaser shall not be entitled to any offset or mitigation of the amount due under this license agreement as a result of the use of or payment liable for the space by another exhibitor in the Show.
c) Each covenant by the Exhibitor contained herein is material and of the essence of this license agreement and violation of any term or condition hereof by the Exhibitor shall be a default of the entire agreement entitling MPE to immediately and without notice revoke the privileges granted damages to the Exhibitor Seller and take possession of the space of the defaulting Exhibitor. Any such revocation of the license granted herein termination shall be without prejudice to MPE to make any claim for damages or enforcement other rights it may have. The Purchaser may also terminate this Purchase Order upon two (2) days written notice, upon the occurrence of any of the payment following events (the determination of whether the Seller has breached any amounts due pursuant of the following shall be at the sole discretion of the Purchaser):
a) The Seller refuses or fails to supply sufficient or properly skilled employees, individuals, and/or subvendors, facilities or materials.
b) The Seller fails to pay its subvendors or suppliers on the terms hereofnegotiated.
c) The Seller fails to adequately protect property or persons so as to ensure the completion of the Work provided for under this Purchase Order within the time specified.
d) The Seller abandons the Work.
e) The Seller unreasonably delays the project, of which this Work is a part, its progress or completion or the Seller is delayed in the execution of the Work itself.
f) The Seller fails to justify labour inadequacies.
g) The Seller does not comply with, or disregards laws, ordinances, regulations or the instructions of the Purchaser or its representatives.
h) The Seller has breached a provision of this Purchase Order. The Purchaser may at its discretion, in the notice of termination, allow the Seller a specified time to rectify the situation. If the situation is not corrected within this period then the Purchase Order shall terminate immediately without notice. Purchaser shall also be entitled to cancel or terminate the contract in whole or part for convenience in such cases Purchaser shall only compensate the Seller for the costs incurred before the actual termination.
Appears in 1 contract
Samples: Purchase Order
Cancellation and Termination. a) The exhibitor Exhibitor shall have the right to cancel this license agreement or downsize by notice in writing to be delivered to MPEthe promoters no later than ninety (30) days preceding the opening date of the Show. All deposits/payments deposits received by MPE the promoters up to the date of notice of cancellation or downsize are non-refundable and non-transferable and the balance of the full cost of the space is due immediatelytransferable. In the event that the Exhibitor (i) notifies the promoters less than ninety (90) days preceding the opening date of the Show that it wishes to cancel this license agreement; or (ii) fails to make payments in accordance with the payment schedule setout herein set out herein; or (iiiii) except as otherwise permitted herein, fails to appear at the showShow; MPE reserves the promoters reserve the right to (iv) cancel this license agreement without notice and all rights of the Exhibitor hereunder here- under shall cease and terminate. MPE will ; (v) retain any and all deposits/payment(s) payment made by the Exhibitor as liquidated damages (and not as a penalty) for breach of this license agreement and all payments will be due per agreement; (vi) re- rent the terms of the contract. In the event of either of the above circumstances, MPE has the right to (i) re-rent said space space; and (iivii) bring action against the Exhibitor for payment of the full cost of the space originally licensed from MPEthe promoters.
b) If the Exhibitor violates or breaches any other terms or conditions of this license agreement, all payments made by the Exhibitor and all amounts due to MPE the promoters shall be deemed earned by MPE the promoters and all deposits received shall be non-non- refundable and non-transferable. In the event of any violation or breach of the terms and conditions of this license agreement, MPE the promoters shall have the right to immediately immedi- ately occupy the space of the violating and/or breaching Exhibitor and utilize it in any manner as MPE deems the promoters deem appropriate, including, but not limited to, re-licensing its use to another exhibitor. The Exhibitor shall not be entitled to any offset or mitigation of the amount due under this license agreement as a result of the use of or payment for the space by another exhibitor in the Show.
c) Each covenant by the Exhibitor contained herein is material and of the essence of this license agreement and violation of any term or condition hereof by the Exhibitor shall be a default of the entire agreement entitling MPE the promoters to immediately immedi- ately and without notice revoke the privileges granted to the Exhibitor and take possession of the space of the defaulting Exhibitor. Any such revocation of the license granted herein shall be without prejudice to MPE the promoters to make any claim for damages or enforcement of the payment of any amounts due pursuant to the terms hereof.
Appears in 1 contract
Samples: Exhibit Space Application/Agreement
Cancellation and Termination. aA. Either OWNER or LESSEE (LESSEE not being in default hereunder) The exhibitor may cancel this Lease Agreement at any time by giving to the other party sixty (60) days prior written notice of intent to do so. In such event, LESSEE (LESSEE not being in default) shall not be obligated to purchase the vehicles, but shall, unless purchased, return them to OWNER at such locations as may be designated by OWNER, de-identified and in good condition as per the terms of this Lease.
B. This Lease Agreement may also be canceled in part by either party by specifying certain vehicles to be eliminated under the same terms and conditions as outlined in paragraph 8A above, but in such event the Lease Agreement will continue in effect as to all other vehicles.
C. Upon expiration or termination of the Lease Agreement, LESSEE shall, unless purchase is required hereunder, promptly (1) return the leased vehicle(s) to the OWNER road worthy, complete, and in good order and condition, reasonable wear and tear alone excepted, and (2) pay all transportation charges to OWNER’S requested locations for Vehicle return, and (3) pay the cost to remove any decals and/or artwork from the vehicle(s). Should the leased vehicle(s) so returned not be in the required good order and condition, OWNER shall serve written notice on LESSEE to make the required repairs, and in the event LESSEE fails to do so within 15 days after such notice, OWNER may at its option cause such repairs to be made, in which event LESSEE agrees promptly to reimburse OWNER for all expense so incurred by OWNER.
D. Time is of the essence for this Lease Agreement and, in the event LESSEE breaches or is in default of any of its provisions, OWNER may immediately, without formal notice or demand, take possession of, retain and/or refuse to re-deliver the leased vehicle(s) to LESSEE until such breach or default is cured without any of such actions being deemed an act of cancellation and without prejudice to other remedies OWNER may have, and LESSEE shall continue to be liable for rent and other charges accruing during the period the leased vehicle(s) are retained by OWNER. If LESSEE’S breach or default shall continue for seven (7) days after written notice thereof shall have been mailed to LESSEE, OWNER may, at its election and irrespective of whether OWNER shall have elected to take possession of or retain the right to cancel leased vehicle(s) as provided above, terminate this license agreement or downsize by notice in writing to be delivered to MPE. All deposits/payments received by MPE up to the date of notice of cancellation or downsize are non-refundable and non-transferable and the balance of the full cost of the space is due Lease Agreement immediately. In the event of such election to terminate, OWNER may, at its option, demand that LESSEE purchase the Exhibitor leased vehicle(s) and LESSEE shall promptly purchase the same for cash without prejudice to such other remedies as OWNER may have under this Lease Agreement or at law. The purchase price shall be the “Schedule A” value (ii.e., the “Original Value” as specified on the “Schedule A” less a sum equal to the “Weekly Depreciation” as specified on the “Schedule A” multiplied by the number of weeks in service) fails to make payments in accordance with plus any unexpired licenses and applicable taxes; however, the payment schedule setout herein or minimum purchase at any time shall not be less than twenty percent (ii20%) fails to appear at the show; MPE reserves the right to cancel this license agreement without notice and all rights of the Exhibitor hereunder shall cease “Original Value” of each vehicle as set out in “Schedule A”. In addition, LESSEE agrees to pay OWNER on each vehicle to be purchased, an amount equal to the difference between the interest actually paid by OWNER to the bank or other institution which has financed the leased equipment, and terminate. MPE will retain any and all deposits/payment(s) made the amount of interest which would have been paid by OWNER to the Exhibitor as liquidated damages (and not as a penalty) date of purchase by LESSEE, had interest on the loan for breach of this license agreement and all payments will be due per the terms vehicle been prorated equally over the term of the contractlease. In the event OWNER finances all of either or any part of the above circumstancesequipment purchases through its own resources, MPE has the right to (i) re-rent said space and (ii) bring action against the Exhibitor for payment of the full cost of the space originally licensed from MPE.
b) If the Exhibitor violates or breaches any other terms or conditions of this license agreement, all payments made by the Exhibitor and all amounts due to MPE it shall be deemed earned by MPE and all deposits received shall be non-refundable and non-transferablea financial institution as hereinbefore provided. In the event of any violation or breach of the terms and conditions of this license agreement, MPE LESSEE shall have the no obligation or right to immediately occupy purchase any Vehicle as to which the space of the violating and/or breaching Exhibitor and utilize it in any manner as MPE deems appropriate, including, but not limited to, re-licensing its use to another exhibitor. The Exhibitor shall not be entitled to any offset or mitigation of the amount due under this license agreement as a result of the use of or payment for the space by another exhibitor in the Showterm on Schedule A has expired.
c) Each covenant by the Exhibitor contained herein is material and of the essence of this license agreement and violation of any term or condition hereof by the Exhibitor shall be a default of the entire agreement entitling MPE to immediately and without notice revoke the privileges granted to the Exhibitor and take possession of the space of the defaulting Exhibitor. Any such revocation of the license granted herein shall be without prejudice to MPE to make any claim for damages or enforcement of the payment of any amounts due pursuant to the terms hereof.
Appears in 1 contract
Samples: Truck Lease Agreement (Old Dominion Freight Line Inc/Va)