City Right to Terminate. If, for any reason, the Contractor is unable to use an Approved Facility 292 for a period greater than 30 days, the City may, at its sole discretion, terminate this 293 Agreement as provided in accordance with Section 10.2. In the event that Contractor has 294 reason to believe that an Alternative Facility(ies) may be needed for a period greater than 30 295 days, including as a permanent replacement for an Approved Facility, Contractor shall 296 immediately notify the City Contract Manager to request consideration of a new or 297 replacement Approved Facility.
City Right to Terminate. The City shall not terminate the Project Agreement in whole or in part during the Step-In Period except as set out in this Section 4.5. The City shall be entitled to terminate the Project Agreement during the Step- In Period by written notice to Project Co, the Lenders’ Agent and the Appointed Representative:
City Right to Terminate. The City will have the absolute right to terminate the ability of the Developer to exercise any City incentive programs in the event that Developer has not submitted one or more Certificates of Substantial Completion representing, collectively, at least 60,000 square feet of commercial building within 120 months of the Effective Date. The City’s election to terminate shall be conveyed to Developer in writing via US certified mail, return receipt requested, at the Notice Address. Such notice shall state the effective date of such termination. In the event Developer meets the construction thresholds of this Section 3.16 after the expiration of such 120-month period but before the City issues a termination notice, the City’s termination right shall be deemed to be of no further force and effect. In the event the City has issued a termination notice, but Developer meets the construction threshold set forth in this Section 3.16 within six months of receipt of such termination notice, it shall nullify such termination and the parties’ rights and obligations hereunder shall remain in full force and effect.
City Right to Terminate. If, for any reason, the Contractor is unable to use an Approved 271 Facility for an extended period of time, the City may, at its sole discretion, terminate this 272 Agreement as provided in accordance with Section 10.2.
City Right to Terminate. If, for any reason, the Contractor is unable to use an Approved 263 Facility for an extended period of time, the City may, at its sole discretion, terminate this 264 Agreement as provided in accordance with Section 10.2. 265 C. Delivery to Non-Approved Facilities Prohibited 266 Should Contractor Transport Discarded Materials or street sweepings to a facility other than an 267 Approved Facility or an Alternative Facility as provided in Section 3.2.B without prior City approval, 268 Contractor shall be subject to the penalty identified in Exhibit E for “Delivery to a Non-Approved 269 Facility”. 270 3.3 Capacity Assurance 271 Contractor warrants that as of the Commencement Date it has sufficient Transfer capacity at the 272 Approved Transfer Facility to receive, Transfer and transport all materials intended for Processing 273 throughout the Term, and that it shall maintain that Transfer capacity through the Term. 274 Contractor warrants that as of the Commencement Date it has sufficient capacity at the Approved 275 Processing Facilities to Process all materials throughout the Term, and that it shall maintain that capacity 276 through the Term. 277 If at any time during the Term or an extension Contractor fails to provide the capacity needed to fulfill 278 its obligations under this Agreement, the City may assess Liquidated Damages for each Ton of material 279 that the Contractor is unable to Transfer or Process in accordance with the provisions of Exhibit B.
