City’s Right of Termination. The City may terminate this Agreement upon giving the Company thirty (30) days’ prior written notice if the initial Preliminary Funds advanced hereunder have been spent and the Company does not provide additional Preliminary Funds to the City prior to the expiration of such thirty (30) day notice period. Upon giving such notice under this Section, the City shall cease incurring expenditures under this Agreement. The City shall pay to the Company, within sixty (60) days after the City delivers notice of its termination of this Agreement under this Section, all Preliminary Funds remaining after the City’s payment of any fees and expenses submitted pursuant to this Agreement for work performed by the City or its consultants, as specified in Section 1 hereof, through the date of termination.
City’s Right of Termination. The City may terminate this Agreement at any time if the Developer defaults in or breaches any material provision of this Agreement or any other agreement with the City related to the Property or the Redevelopment Project and fails to cure such default or breach pursuant to Section 5.5 or materially breaches any representation or warranty contained in Section 6.3.
City’s Right of Termination. (a) The City may terminate this Agreement with respect to any particular Phase at any time prior to the delivery of the Certificates of Substantial Completion for such Phase if:
(1) the Developer defaults in or breaches any material provision of this Agreement and fails to cure such default or breach pursuant to Section 7.6 (subject to extension in accordance with Section 7.7), or materially breaches any representation or warranty contained in
(2) the Developer fails to complete such Phase within the time set forth in Section 3.3(a) (subject to extension in accordance with Section 7.7).
City’s Right of Termination. In addition to any conditions as specified herein and all other remedies available to the City, this Agreement shall be subject to termination by the City should any one or more of the following occur:
A. If Lessee shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or any other similar law or statute of the United States or any state, or government, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of the property of the Lessee.
B. If, by order or decree of a court of competent jurisdiction, Lessee shall be adjudged bankrupt or an order shall be made approving a petition seeking its reorganization, or the readjustment of its indebtedness under the Federal bankruptcy laws or any law or statute of the United States or any state, territory, or possession thereof, or under the law of any other state, nation or government; provided, that, if any such judgment or order be stayed or vacated within ninety (90) days after the entry thereof, any notice of cancellation given shall be and become null, void and of no effect.
C. If, by or pursuant to any order or decree of court or governmental authority, board, agency or officer having jurisdiction, a receiver, trustee, or liquidator shall take possession or control of all or substantially all of the property of Lessee for the benefit of creditors, provided that if such order or decree be stayed or vacated within sixty (60) days after the entry thereof or during such longer period in which Lessee diligently and in good faith contests the same, any notice of cancellation shall be and become null, void and of no effect.
D. If Lessee shall voluntarily abandon or discontinue the conduct and operation of its activity at the Airport for a continuous period of ninety (90) days, except when such abandonment is caused by fire, earthquake, war, strike or other occurence beyond the Lessee's control.
E. If Lessee shall fail to perform, keep and observe any of the applicable covenants and conditions contained in this Agreement, provided that upon the happening of any contingency recited in this Section, Lessee shall be given written notice to correct or cure such default, failure to perform or breach. If, within thirty (30) days from the date of receipt of such notice, the default, breach, or failure shall not h...
City’s Right of Termination. (a) Subject to Section 7.6, the City may terminate this Agreement at any time prior to the delivery of a Certificate of Substantial Completion, but only if the Developer:
(1) defaults in or breaches any material provision of this Agreement and fails to cure such default or breach pursuant to Section 7.6 (subject to extension in accordance with Section 7.7 unless expressly stated otherwise herein); or
(2) materially breaches any representation or warranty contained in Section 8.2.
(b) Subject to Section 7.6, the City may terminate this Agreement with respect to the South Phase only at any time following the delivery of the Certificate of Substantial Completion for the North Phase and prior to the delivery of the Certificate of Substantial Completion for the South Phase, but only if the Developer:
(1) defaults in or breaches any material provision of this Agreement and fails to cure such default or breach pursuant to Section 7.6 (subject to extension in accordance with Section 7.7 unless expressly stated otherwise herein); or
(2) materially breaches any representation or warranty contained in Section 8.2.
City’s Right of Termination. The City may terminate this Agreement at any time prior to the delivery of the Certificate of Substantial Completion if:
(a) the Developer defaults in or breaches any provision of this Agreement and fails to cure such default or breach pursuant to Section 7.5 hereof, or breaches any representation or warranty contained in Section 8.2 hereof; or
(b) the Developer fails to complete the activities listed in Section 3.5 within the times specified therein (subject to extension in accordance with Section 7.6); or
(c) within 48 months of the date of adoption of the TIF Ordinance, the Developer fails to substantially complete the Work and deliver a Certificate of Substantial Completion to the City in accordance with the requirements of Section 3.10 of this Agreement. The time for performance specified in this subparagraph (c) is not subject to extension pursuant to Section 7.6 of this Agreement.
City’s Right of Termination. The City may terminate this Agreement upon the occurrence of an Event of Default, which has continued after any applicable cure period.
City’s Right of Termination. The City may terminate this Agreement at any time, with or without cause, by written notice of termination to the Grantee. If the City terminates this Agreement, and such termination is not a result of a default by the Grantee, the Grantee shall be entitled to receive as its sole and exclusive remedy the following amounts from the City, and the City shall have no further or other obligations to the Grantee: (a) The amount due to the Grantee for work executed through the date of termination, not including any future fees, profits, or other compensation or payments which the Grantee would have been entitled to receive if the Agreement had not been terminated; and (b) the direct out-of-pocket costs incurred by the Grantee for demobilization following receipt of the notice of termination, not to exceed the amount reasonably and actually required to demobilize.
City’s Right of Termination. In addition to any conditions as specified herein and all other remedies available to the City, this Agreement shall be subject to termination by the City should any one or more of the following occur:
a. If, by or pursuant to any order or decree of court or governmental authority, board, agency or officer having jurisdiction, a receiver, trustee, or liquidator shall take possession or control of all or substantially all of the property of Lessee for the benefit of creditors, provided that if such order or decree be stayed or vacated within sixty (60) calendar days after the entry thereof or during such longer period in which Lessee diligently and in good faith contests the same, any notice of cancellation shall be and become null, void and of no effect.
b. If Lessee shall voluntarily abandon or discontinue the conduct and operation of its activity at the Airport for a continuous period of thirty (30) calendar days, except when such abandonment is caused by fire, earthquake, war, strike, Force Majeure, other calamity beyond the Lessee's control, or resulting from any condition listed in Article 22.
c. If Lessee shall fail to perform, keep and observe any of the applicable covenants and conditions contained in this Agreement, other than the covenant to pay rent fees, and charges, provided that upon the happening of any contingency recited in this Article, Lessee shall be given written notice to correct and a reasonable cure such default, which cure period shall in no event be less than thirty (30) days, failure to perform or breach. If, within thirty (30) calendar days from the date of receipt of such written notice, the default, breach or complaint shall not have been corrected or is in the process of being corrected in a manner reasonably satisfactory to the City, then and in such event, the City shall have the right at once to declare this Agreement terminated. The City does, however, reserve the right to extend the time period to correct the default if, in its opinion, due diligence is shown by Lessee in curing the default.
d. If under any of the foregoing provisions of this Article, the City shall have the right to re- enter and take possession of the Leased Premises, the City may enter and eject Lessee and those claiming through or under it, and remove their property and effects (using reasonable force, if necessary) without any liability therefor; without prejudice to any remedies of the City in the event of default by the Lessee; and without liabili...
City’s Right of Termination. City reserves the right to terminate this Agreement, without cause, by providing thirty (30) days prior written notice to the Concessionaire of its intention to cancel, or with cause, pursuant to law and the terms of this Agreement, if at any time the Concessionaire fails to fulfill or abide by any of the terms or conditions specified herein. Failure of the Concessionaire to comply with any of the provisions of this Agreement shall be considered a material breach of the Agreement and shall be cause for immediate termination of the Agreement at the discretion of the City.
