City Termination Right. City shall have the right to terminate this Agreement (i) if the City is mandated by law, a court order or decision, or the federal or state government to take certain actions that will cause or require the removal of the Facilities from the Public Rights-of-Way; or (ii) if Licensee’s Authorizations with respect to the Facilities and/or provide Service are terminated, revoked, expired, or otherwise abandoned; or (iii) if any term related to the design or placement of the Facilities is unenforceable.
City Termination Right. In addition to the remedies set forth in Section 8.1.2, the City shall have the right to terminate this Agreement if (i) the City is mandated by law, a court order or decision, or the federal or state government to take certain actions that will cause or require the removal of the Facilities from the public right of way: or (ii) if KSFiberNet’s licenses are terminated, revoked, expired, or otherwise abandoned. Such termination rights shall be subject to KSFiberNet’s rights to just compensation, if any, for any taking of a protected property right.
City Termination Right. If:
(a) an OSEG Event of Default notified in a Notice of default served under Section 9.2 is not remedied before the expiry of the applicable period referred to in Section 9.2;
(b) OSEG puts forward a program pursuant to Section 9.2 which has been accepted by the City and OSEG fails to achieve any material element of the program or the end date for the program (as the case may be); or
(c) any program put forward by OSEG pursuant to Section 9.2 is rejected by the City, in its Discretion, and no alternate program has been approved by the City, in its Discretion, within ten (10) days of the rejection of the original program (provided that any alternate program that is so approved by the City shall be deemed to be a program made pursuant to Section 9.2 for the purposes of this Agreement), then at any time thereafter while an OSEG Event of Default is in existence, the City may upon ten (10) Business Days further Notice to OSEG terminate this Agreement in its entirety by Notice to OSEG with immediate effect in the event such OSEG Event of Default is not cured within such further ten (10) Business Day period, in which event OSEG shall transfer the Units owned by it in the Limited Partnership and the shares owned by it in the General Partner to the City or as the City may in writing direct for the sum of One Hundred Dollars ($100.00), and the Parties shall have no further obligations or liabilities to each other, with the exception of any liabilities and obligations between the City and the General Partner, as the remaining partners of the Limited Partnership, under this Agreement and the Master GP Shareholder’s Agreement. In addition, all OSEG Management Agreements and the Project Agreement shall be deemed terminated and all nominee directors and officers of OSEG in the General Partner and all Component General Partners shall forthwith resign and provide a release to the City, the Limited Partnership and the respective Component Limited Partnerships. Notwithstanding anything hereinbefore provided to the contrary, the Completion Guarantee shall continue in existence. For the purposes of this Section 9.3, if OSEG’s performance of a program pursuant to Section 9.2 is adversely affected by the occurrence of an event of Force Majeure, then, subject to OSEG complying with the mitigation and other requirements in this Agreement concerning such events, the time for performance of the program or any relevant element of it will be deemed to be extended by a period equal to...
City Termination Right. In addition to the remedies set forth in Section 8.1.2, the City shall have the right to terminate this Agreement if (i) the City is mandated by law, a final court order or decision, or the federal or state government to take certain actions that will cause or require the removal of the Facilities from the public right of way, or (ii) if any licenses that JMZ may be required to hold to perform its obligations under this Agreement are terminated, revoked, expired, or otherwise abandoned. Such termination rights shall be subject to JMZ's right to just compensation, if any, for any taking of a protected property right.
City Termination Right. If: (a) Buyer fails to Close by the Expiration Date and pay per the Closing Statement; or (b) Buyer, directly or indirectly, is in violation of City General Buyer Policies; or (c) a contingency (see below) is not waived or satisfied by Closing; then, in any such event, City may terminate this Offer.
City Termination Right. City shall have the right to terminate this Agreement (i) if the City is mandated by law, a court order or decision, or the federal or state government to take certain actions that will cause or require the removal of the Facilities from the Streets; or (ii) if Grantee’s licenses to Construct and Maintain the Facilities and/or provide Service are terminated, revoked, expired, or otherwise abandoned; or (iii) if any term related to the design or placement of the Facilities is unenforceable. Notwithstanding subsection (iii), the parties agree to diligently commence and continue good faith efforts to agree on an enforceable terms for design or placement for at least one hundred eighty (180) days after a term is declared unenforceable, provided that during that negotiation period, Grantee complies with the unenforceable term(s) related to design or placement.
City Termination Right. In addition to the remedies set forth in Section 8.1.2, the City shall have the right to terminate this Agreement if (i) the City is mandated by law, a court order or decision, or the federal or state government to take certain actions that will cause or require the removal of the Facilities from the public right of way: or (ii) if Tech 5’s licenses are terminated, revoked, expired, or otherwise abandoned. Such termination rights shall be subject to Tech 5’s rights to just compensation, if any, for any taking of a protected property right.
City Termination Right. In addition to the remedies set forth in Section 8.1.2, the City shall have the right to terminate this Agreement if (i) the City is mandated by law, a court order or decision, or the federal or state government to take certain actions that will cause or require the removal of the Facilities from the public right of way: or (ii) if Wildflower‟s licenses are terminated, revoked, expired, or otherwise abandoned. Such termination rights shall be subject to Wildflower‟s rights to just compensation, if any, for any taking of a protected property right.
City Termination Right. In addition to the remedies set forth in Section 8.1.2, the City shall have the right to terminate this Agreement if (i) the City is mandated by law, a court order or decision, or the federal or state government to take certain actions that will cause or require the removal of the Facilities from the public right of way: or (ii) if Zayo’s licenses are terminated, revoked, expired, or otherwise abandoned. Such termination rights shall be subject to Zayo’s rights to just compensation, if any, for any taking of a protected property right.
City Termination Right. In the event CONSULTANT fails to comply with the contractual & performance requirements set forth in this Agreement & Exhibits, as determined by the City, the City shall have the right to terminate this Agreement.
