CONTRACT DISCONTINUANCE Sample Clauses

CONTRACT DISCONTINUANCE. Section 8.01 You may discontinue this contract at any time by giving written notice to us at our home office. The contract will be deemed discontinued on the later of the valuation date you specify or the valuation date that the written notice is received by us. 8.02 We may give you written notice that this contract is to be discontinued if (a) Any charges billed to you have not been paid to us within 30 days or (b) The plan does not qualify for special tax treatment under Sections 401(a), 403(a), 403(b), 414(d) or 457 of the code or (c) A modification in this contract is necessary in order to comply with Federal or State requirements, including ERISA, and you refuse to accept a substantially similar contract offered by us that incorporates such modification or (d) If we discontinue offering this contract to the public. Discontinuance pursuant to (a), (b) or (c) of this Section will be effective as of a valuation date specified by us, provided you are given at least 15 days advance written notice in which to cure any remediable defaults. Discontinuance pursuant to (d) will be effective as of a valuation date specified by us, provided you are given at least 90 days advanced written notice. Discontinuance by us supersedes any date established under Section 8.01. 8.03 As of the date this contract is discontinued under either Section 8.01 or Section 8.02 above, no further purchase payments will be accepted. However, transfers, withdrawals and loans will continue to be permitted, in accordance with the terms of this contract. 8.04 The contract will terminate when there is no account value remaining under this contract.
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CONTRACT DISCONTINUANCE. 6.01 You may discontinue this Contract at any time by giving Us Notice. The discontinuance date will be no more than 180 days from the date We receive Notice. If You Request a discontinuance date that is more than 180 days after We receive Notice, such Request will require Our approval. 6.02 We may give You written Notice that this Contract is to be discontinued if: a. any Plan ceases to meet the requirements of the Code sections specified by Us for purchasers of this Contract and You do not correct this within 30 days; or b. You fail to furnish requested information or other documentation; or c. We discover any misrepresentation of material information; or d. the Contract Owner is a trust and a valid trust no longer exists. The Notice will specify a discontinuance date at least 30 days from the date of the Notice. 6.03 After the notification of discontinuance as referenced in section 6.01 or 6.02, additional Deposits by an Annuitant to an AAV and Withdrawal Requests for any Annuitant from an AAV will be accepted by Us until the discontinuance date. 6.04 As of the discontinuance date, We will deduct any outstanding charges. 6.05 The balance of the Contract as of the discontinuance date, reduced by any charges outlined in this Contract, will be paid in a lump sum. If, subsequent to such lump sum payment, We are ordered by any court of competent jurisdiction to refund all or any portion of a loss to any Annuitant, You will reimburse Us for such amounts. 6.06 All payments will be made to a Plan trustee or as directed by You. We will rely on Your Notice to transfer assets to a specified party. We do not need to verify that such specified party has the right to receive any payments. 6.07 This Contract will terminate on the date the last payment is made under the provisions of Article 4 and Article 8. 6.08 Upon termination of this Contract, all liability of the Company under this Contract terminates and the Company will pay the Account Value to the Plan or provide a Rollover Contract as described in Article 5.
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CONTRACT DISCONTINUANCE. You or We may discontinue this Contract at any time by providing the other party with [30] days advance notice. The Discontinuance Date will be the date specified in the notice, or, if later, the date which is [30] days from the date the notice is received. Although Contributions will continue to be accepted by MetLife to purchase additional Income Annuity, no new Annuitant applications will be accepted after the Discontinuance Date. With the exception of the annuity cancellation events noted in Section 2.04, any decision to terminate this Contract will not affect any rights and guarantees Annuitants have with respect to the Income Annuity amounts purchased on their behalf. MetLife's obligations to those Annuitants will continue and will have the full force and affect as if the Discontinuance Date had not occurred. At any time following the Discontinuance Date MetLife reserves the right to discontinue accepting additional Contributions and allowing any further Income Annuity purchases. Annuitants will receive notification [60] days in advance should MetLife decide to discontinue accepting additional Contributions. Annuitants may continue to make purchases during the [60] day notification period.
Sample 1
CONTRACT DISCONTINUANCE. This contract shall be discontinued: (a) if the Contract Owner gives written notice to the Company that the contract is being discontinued, in which event the date of discontinuance shall be the later of: (1) the first business day following the date on which such notice is received by the Company at its Home Office in Springfield, Illinois, or (2) the business day specified in such notice; or (b) if no contributions are made to the contract with respect to a contract year and the Company gives written notice to the Contract Owner that the date of discontinuance will occur as of the date specified in such notice, such date not to be earlier than 31 days after the date such notice is mailed by the Company; or (c) notwithstanding any provision of this contract to the contrary, after five completed contract years, the Company shall have the right, in accordance with its existing administrative practices and procedures, to discontinue the contract and pay all contract values without XXXXXX XXXX LIFE INSURANCE COMPANY [LOGO] application of contingent deferred sales charges under the contract, to the Contract Owner in full, provided that the Company gives the Contract Owner 90 days advance written notice, and further provided that the Company takes the same action with respect to all contracts of the same class and risk characteristics.
Sample 1
CONTRACT DISCONTINUANCE. Section 8.01 You may discontinue this Contract at any time by giving written notice to us at our Home Office. The Contract will be deemed discontinued on the later of the Valuation Date you specify or the Valuation Date that the written notice is received by us. 8.02 We may give you written notice that this Contract is to be discontinued if the Plan does not qualify for special tax treatment under Sections 401(a), 403(a), 403(b), 414(d) or 457 of the Code. Discontinuance pursuant to this Section 8.02 will be effective as of a Valuation Date specified by us, provided you are given at least 15 days advance written notice in which to cure any remediable defaults. Discontinuance by us supercedes any date established under Section 8.01. 8.03 As of the date this Contract is discontinued under Section 8.01 and if the Plan is not subject to ERISA, no further Contributions will be accepted. However, transfers, withdrawals and loans will continue to be permitted, in accordance with the terms of this Contract.
Sample 1
CONTRACT DISCONTINUANCE. 8.01 You may discontinue this Contract at any time by giving written notice to us at our Home Office. The Contract will be deemed discontinued on the later of the Valuation Date you specify or the Valuation Date that the written notice is received by us. 8.02 We may give you written notice that this Contract is to be discontinued if the Plan does not qualify for special tax treatment under Sections 401(a), 403(a), 403(b), 414(d), or 457 of the Code. Discontinuance pursuant to this Section 8.02 will be effective as of a Valuation Date specified by us, provided you are given at least 15 days advance written notice in which to cure any remediable defaults. Discontinuance by us supercedes any date established under Section 8.01. 8.03 As of the date this Contract is discontinued under Section 8.01, no further Purchase Payments will be accepted. However, transfers, withdrawals and loans will continue to be permitted, in accordance with the terms of this Contract. As of the date this Contract is discontinued under Section 8.02, no further Purchase Payments, transfers, withdrawals or loans will be permitted. Subject to applicable regulatory requirements, as of the discontinuance date established under Section 8.02 the Account Value will be paid in accordance with the provisions of Section 4.07. We will send written notice to each Participant's last known address stating that the Contract is discontinued. 8.04 The Contract will terminate when there is no Account Value remaining under this Contract.
Sample 1

Related to CONTRACT DISCONTINUANCE

  • Discontinuance If payment of amounts due as described herein is not received by the xxxx date in the month after the original xxxx date, BellSouth will provide written notice that BellSouth may Discontinue the provision of existing services to OneTone if payment of such amounts, and all other amounts that become past due before Discontinuance, including requested security deposits, is not received by wire transfer, automatic clearing house or cashier’s check in the manner set forth in Section 1.4.1 above or in the case of a deposit in accordance with Section 1.3.1 above, within thirty (30) days following such written notice; provided, however, that BellSouth may provide written notice that such existing services may be Discontinued within fifteen (15) days following such notice, subject to the criteria described in Section 1.5.5 below.

  • Discontinuance of Business If COMPANY discontinues operating its business, this Agreement shall terminate as of the last day of the month on which COMPANY ceases its entire operations with the same effect as if that last date were originally established as termination date of this Agreement.

  • Discontinuance of Service A. The procedures for discontinuing service to an end user are as follows: 1. Where possible, the Company will deny service to Reseller’s end user on behalf of, and at the request of, Reseller. Upon restoration of the end user’s service, restoral charges will apply and will be the responsibility of Reseller. 2. At the request of Reseller, the Company will disconnect a Reseller end user customer. 3. All requests by Reseller for denial or disconnection of an end user for nonpayment must be in writing. 4. Reseller will be made solely responsible for notifying the end user of the proposed disconnection of the service. 5. The Company will continue to process calls made to the Annoyance Call Center and will advise Reseller when it is determined that annoyance calls are originated from one of their end user’s locations. The Company shall be indemnified, defended and held harmless by Reseller and/or the end user against any claim, loss or damage arising from providing this information to Reseller. It is the responsibility of Reseller to take the corrective action necessary with its customers who make annoying calls. Failure to do so will result in the Company’s disconnecting the end user's service. B. The procedures for discontinuing service to Reseller are as follows: 1. The Company reserves the right to suspend or terminate service for nonpayment or in the event of prohibited, unlawful or improper use of the facilities or service, abuse of the facilities, or any other violation or noncompliance by Reseller of the rules and regulations of the Company’s Tariffs. 2. If payment of account is not received by the xxxx xxx in the month after the original xxxx xxx, the Company may provide written notice to Reseller, that additional applications for service will be refused and that any pending orders for service will not be completed if payment is not received by the fifteenth day following the date of the notice. If the Company does not refuse additional applications for service on the date specified in the notice, and Reseller's noncompliance continues, nothing contained herein shall preclude the Company's right to refuse additional applications for service without further notice. 3. If payment of account is not received, or arrangements made, by the xxxx xxx in the second consecutive month, the account will be considered in default and will be subject to denial or disconnection, or both. 4. If Reseller fails to comply with the provisions of this Agreement, including any payments to be made by it on the dates and times herein specified, the Company may, on thirty days written notice to the person designated by Reseller to receive notices of noncompliance, discontinue the provision of existing services to Reseller at any time thereafter. In the case of such discontinuance, all billed charges, as well as applicable termination charges, shall become due. If the Company does not discontinue the provision of the services involved on the date specified in the thirty days notice, and Reseller's noncompliance continues, nothing contained herein shall preclude the Company's right to discontinue the provision of the services to Reseller without further notice. 5. If payment is not received or arrangements made for payment by the date given in the written notification, Reseller's services will be discontinued. Upon discontinuance of service on a Reseller's account, service to Reseller's end users will be denied. The Company will also reestablish service at the request of the end user or Reseller upon payment of the appropriate connection fee and subject to the Company's normal application procedures. Reseller is solely responsible for notifying the end user of the proposed disconnection of the service. 6. If within fifteen days after an end user's service has been denied no contact has been made in reference to restoring service, the end user's service will be disconnected.

  • PERMANENT ESTABLISHMENT 1. For the purposes of this Agreement, the term "permanent establishment" means a fixed place of business through which the business of an enterprise is wholly or partly carried on. 2. The term "permanent establishment" includes especially: (a) a place of management; (b) a branch; (c) an office; (d) a factory; (e) a workshop, and (f) a mine, an oil or gas well, a quarry or any other place of extraction of natural resources. 3. The term "permanent establishment" also includes: (a) a building site, a construction, installation or assembly project, or supervisory activities in connection therewith, but only where such site, project or activities last more than 12 months; (b) the furnishing of services, including consultancy services, by an enterprise of a Contracting State through employees or other personnel in the other Contracting State for a period or periods aggregating more than 120 days within any twelve-month period. 4. Notwithstanding the preceding provisions of this Article, the term "permanent establishment" shall be deemed not to include: (a) the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise; (b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery; (c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise; (d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or of collecting information, for the enterprise; (e) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character; (f) the maintenance of a fixed place of business solely for any combination of activities mentioned in sub-paragraphs (a) to (e), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character. 5. Notwithstanding the provisions of paragraphs 1 and 2, where a person -- other than an agent of an independent status to whom paragraph 6 applies -- is acting on behalf of an enterprise and has, and habitually exercises, in a Contracting State an authority to conclude contracts in the name of the enterprise, that enterprise shall be deemed to have a permanent establishment in that State in respect of any activities which that person undertakes for the enterprise, unless the activities of such person are limited to those mentioned in paragraph 4 which, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph. 6. An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business. 7. The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other.

  • Uncontrollable Forces 12.1 Section 14.1 of the CAISO Tariff shall be incorporated by reference into this Agreement except that all references in Section 14.1 of the CAISO Tariff to Market Participants shall be read as a reference to the Scheduling Coordinator and references to the CAISO Tariff shall be read as references to this Agreement.

  • Rejected Items; Abandonment (a) The Contractor may deliver, cause to be delivered, or, in any other way, bring or cause to be brought, to any State premises or other destination, Goods, as samples or otherwise, and other supplies, materials, equipment or other tangible personal property. The State may, by written notice and in accordance with the terms and conditions of the Contract, direct the Contractor to remove any or all such Goods (“the “Rejected Goods”) and any or all other supplies, materials, equipment or other tangible personal property (collectively, the “Contractor Property”) from and out of State premises and any other location which the State manages, leases or controls. The Contractor shall remove the Rejected Goods and the Contractor Property in accordance with the terms and conditions of the written notice. Failure to remove the Rejected Goods or the Contractor Property in accordance with the terms and conditions of the written notice shall mean, for itself and all Contractor Parties, that: (1) they have voluntarily, intentionally, unconditionally, unequivocally and absolutely abandoned and left unclaimed the Rejected Goods and Contractor Property and relinquished all ownership, title, licenses, rights, possession and interest of, in and to (collectively, “Title”) the Rejected Goods and Contractor Property with the specific and express intent of (A) terminating all of their Title to the Rejected Goods and Contractor Property, (B) vesting Title to the Rejected Goods and Contractor Property in the State of Connecticut and (C) not ever reclaiming Title or any future rights of any type in and to the Rejected Goods and Contractor Property; (2) there is no ignorance, inadvertence or unawareness to mitigate against the intent to abandon the Rejected Goods or Contractor Property; (3) they vest authority, without any further act required on their part or the State’s part, in the Client Agency and the State to use or dispose of the Rejected Goods and Contractor Property, in the State’s sole discretion, as if the Rejected Goods and Contractor Property were the State’s own property and in accordance with law, without incurring any liability or obligation to the Contractor or any other party; (4) if the State incurs any costs or expenses in connection with disposing of the Rejected Goods and Contractor Property, including, but not limited to, advertising, moving or storing the Rejected Goods and Contractor Property, auction and other activities, the State shall invoice the Contractor for all such cost and expenses and the Contractor shall reimburse the State no later than thirty (30) days after the date of invoice; and (5) they do remise, release and forever discharge the State and its employees, departments, commissions, boards, bureaus, agencies, instrumentalities or political subdivisions and their respective successors, heirs, executors and assigns (collectively, the “State and Its Agents”) of and from all Claims which they and their respective successors or assigns, jointly or severally, ever had, now have or will have against the State and Its Agents arising from the use or disposition of the Rejected Goods and Contractor Property. (b) The Contractor shall secure from each Contractor Party, such document or instrument as necessary or appropriate as will vest in the Contractor plenary authority to bind the Contractor Parties to the full extent necessary or appropriate to give full effect to all of the terms and conditions of this section. The Contractor shall provide, no later than fifteen (15) days after receiving a request from the State, such information as the State may require to evidence, in the State’s sole determination, compliance with this section.

  • Corrective Measures If the Participating Generator fails to meet or maintain the requirements set forth in this Agreement and/or the CAISO Tariff, the CAISO shall be permitted to take any of the measures, contained or referenced in the CAISO Tariff, which the CAISO deems to be necessary to correct the situation.

  • Production definitively discontinued 10.1. If the holder of the approval completely ceases to manufacture a vehicle type approved in accordance with this Regulation, he shall so inform the authority which granted the approval. Upon receiving the relevant communication that authority shall inform thereof the other Parties to the 1958 Agreement applying this Regulation by means of a communication form conforming to the model in Annex 1 to this Regulation.

  • Annual Appropriation Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida’s performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature.

  • Complete Work without Extra Cost Except to the extent otherwise specifically stated in this contract, the Contractor shall obtain and provide, without additional cost to the City, all labor, materials, equipment, transportation, facilities, services, permits, and licenses necessary to perform the Work.

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