Default and Early Termination. If either party should fail to perform or be in breach of any of the terms, conditions, agreements, covenants, representations or warranties contained in this Agreement, or anticipatorily breach this Agreement, and such default is not curable, or if such default is curable but remains uncured for a period of 30 days after written notice thereof has been given to the defaulting party, the other party, at its sole election, may immediately terminate this Agreement by written notice thereof to the defaulting party. In the event of an early termination, the parties shall proceed in a commercially reasonable manner and in good faith to facilitate a professional separation. In the event of an early termination due to a breach by Komen Affiliate, Komen Affiliate shall be entitled to all donations due under this Agreement up to the date of termination; provided, however, that, in the event of a Flat Donation, Komen Affiliate shall be entitled to a pro-rated portion of the Flat Donation if (i) the Event was promoted prior to the date of termination, or (ii) the Flat Donation was publically disclosed prior to the date of termination. In the event of an early termination due to a breach by Third Party, Komen Affiliate shall be entitled to all donations due under this Agreement up to the date of termination, including, but not limited to, the full guaranteed minimum donation or full flat donation, as the case may be. The provisions of this Section 11 shall not preclude the parties from seeking any other remedies available to them under this Agreement and applicable law.
Default and Early Termination. Without affecting any other right or remedy available to it, either party may terminate this agreement with immediate effect by giving written notice to the other party if:
Default and Early Termination. If Licensee fails to pay the License Fees, or any other charges provided for hereunder when the same is due, and the same shall not be paid five (5) days after written notice, or if Licensee breaches any other covenant of this Agreement and fails to remedy same within ten (10) days after written notice of such breach, or as to matters which cannot be remedied in ten (10) days fails to commence efforts to remedy such default within such ten (10) day period and thereafter diligently to prosecute such efforts, Licensor may, in addition to any other rights it may have under this Agreement, declare this Agreement terminated and Licensee shall thereupon promptly vacate the Licensed Location, delivering same to Licensor in the condition set forth in paragraph 12 below, and if Licensee fails to do so, it shall be liable to Licensor for Licensor’s cost of doing same. Anything in this Agreement to the contrary notwithstanding, if Licensee shall become insolvent, bankrupt or make an assignment for the benefit of creditors, or if Licensee or its interest hereunder shall be levied upon or sold under execution of other legal process, or if the act or omission of Licensee would or might cause a default under the Lease, Licensor may immediately terminate this Agreement and all License Fees in arrears, together with the next three (3) month’s License Fees shall immediately become due and payable. It is expressly understood and agreed that the Agreement is subject and subordinate to the Lease, and Licensor shall have no liability whatsoever for termination of this Agreement with respect to the Licensed Location arising out of the Lease or any action under the Lease by any Landlord or party claiming under Landlord or under Lease.
Default and Early Termination. (A) If either party should fail to perform or be in breach of any of the terms, conditions, agreements, covenants, representations or warranties contained in this Agreement, or anticipatorily breach this Agreement, and such default is not curable, or if such default is curable but remains uncured for a period of 30 days after written notice thereof has been given to the defaulting party, the other party, at its sole election, may immediately terminate this Agreement by written notice thereof to the defaulting party.
Default and Early Termination. 26.1 Except as otherwise set forth herein, in the event of a monetary default by Charterer which is not cured within [...***...] of written notice thereof, Allegiant may terminate this Agreement. Except as otherwise set forth herein, in the event of a material default by Allegiant, which is not cured within [...***...] of written notice thereof, Charterer may either terminate this Agreement or offset any monetary amounts owed by Allegiant in its subsequent payment under section 8.1 or 8.2.
Default and Early Termination. 7.1 If either party is in breach of this Agreement and the breach is not corrected within thirty (30) days after notice of the breach provided to that party, the party not in breach may terminate this Agreement.
Default and Early Termination. Operator and Dominion North Carolina Power agree that any of the following will be a material breach by the Operator of this Agreement and shall result in Dominion North Carolina Power having the right to immediate cancellation, without a cure period, of this Agreement: (i) failure to commence construction of the Facility, as defined in Article 7 above, and provide Dominion North Carolina Power with written notice thereof by February 21, 2016, (ii) failure to achieve Commercial Operations Date within thirty months of February 21, 2014; provided, however, an Operator may be allowed additional time to begin deliveries of power to the Company if the QF facilities in question are nearly complete at the end of such thirty month period and the QF is able to demonstrate that it is making a good faith effort to complete its project in a timely manner, (iii) failure to provide two (2) consecutive status reports pursuant to Article 7 above, (iv) delivery or supply of electrical output to any entity other than Dominion North Carolina Power or its agent, assignee or successor, (v) failure to meet those requirements necessary to maintain Qualifying Facility status, (vi) failure at any time to have in effect a valid Interconnection Agreement with Dominion North Carolina Power (or its successor as operator of the Dominion North Carolina transmission system), (vii) failure to generate and deliver power from the Facility to Dominion North Carolina Power for more than 180 consecutive days, at any time after the Commercial Operations Date, or (viii) failure to maintain QF certification. In the event Operator fails to perform in any way, materially or non-materially, any other obligations not specifically listed above, Operator shall be given notice and thirty (30) days to cure such non-performance. Notwithstanding any cure period, Dominion North Carolina Power shall not be obligated to purchase any energy or Contract Capacity under this Agreement while any such breach remains uncured. If Operator fails to cure its non-performance within thirty (30) days of Dominion North Carolina Power's notice, Dominion North Carolina Power shall have the right to cancel this Agreement. Operator agrees that if this Agreement is canceled by Dominion North Carolina Power for Operator's non-performance prior to the end of the initial term of this Agreement, then, Dominion North Carolina Power shall have all rights and remedies available at law or in equity.
Default and Early Termination. 1. Upon the occurrence of any of the following events on the side of any of the Contracting Parties, each such event shall constitute, for the purposes of this Schedule to the Agreement, an event of default (each, an “Event of Default“):
Default and Early Termination. 8.1 Without prejudice to any rights that have accrued under this agreement or any of its rights or remedies, either party may at any time terminate this agreement with immediate effect by giving written notice to the other party if:
Default and Early Termination. 8.1 The Client may terminate the Agreement if the Agent fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 2 weeks after notification of non-compliance is given.
