DEFAULT AND TERMINATION 6 Sample Clauses

DEFAULT AND TERMINATION 6. 1 The College shall pay the Lender only for the Services actually rendered. The College has the right to deny all, or any portion, of the payment to the Lender if the Lender fails to comply with the terms, conditions and obligations contained in this Agreement. 6.2 If the Lender is in breach of any term of this Agreement, in addition to any other remedies the College may have at law or in equity, the College has the right to terminate this Agreement immediately, or, at the College’s option and if feasible given the nature and timing of the breach, the College may give the Lender written notice of the breach and a reasonable time to remedy the default. 6.3 Both parties have the right to terminate this Agreement without cause and for any reason, or for no reason, by giving the other party thirty (30) days written notice in accordance with the terms of this Agreement. In the event of termination by the College based on this Section 6.3, the College shall be liable for payment of the Services rendered and expenses incurred prior to termination, if any. If the Lender terminates this Agreement for convenience, the Lender shall be liable for reimbursement of any reasonable expenses actually incurred by the College in connection with facilitating or promoting the Services that were to be provided under this Agreement. Each party is obligated to use reasonable efforts to mitigate and avoid any expenses if the Agreement is terminated by the other party. Notwithstanding the foregoing, under no circumstances shall the College be liable for any payment or reimbursement to the Lender for an amount that exceeds the payment terms set forth in Attachment B. 6.4 In the event that the performance of the Services under this Agreement is prevented by any cause, event or act beyond the reasonable control of the Lender or the College, both parties shall be relieved of their obligations with respect to this Agreement.
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DEFAULT AND TERMINATION 6. 1 If the lessee obligations under the agreement or not timely comply, and in the event: • Attachment of one or more goods are seized; • Through him moratorium is sought; • To be liable in bankruptcy is filed; • The lessee management or disposal of substantial part of his assets • The lessee with its creditors outside any judicial or legal agreement seeking to take full or partial release of his debts; • the agreement on the first claim of the lessor and without law be dissolved, without prejudice to other rights of the lessor to recover costs, damages and interest.
DEFAULT AND TERMINATION 6. 1 STC shall pay the Speaker only for the Services actually provided by the Speaker. STC has the right to deny all or any portion of the payment to the Speaker if he/she fails to comply with the terms, conditions and obligations contained in this Agreement. 6.2 If the Speaker is in breach of any term of this Agreement, in addition to any other remedies STC may have at law or in equity, STC has the right to terminate this Agreement immediately, or, at STC’s option, STC may give the Speaker written notice of the breach and a reasonable time to remedy the default. 6.3 Both parties have the right to terminate this Agreement without cause and for any reason, or for no reason, by giving the other party fifteen (15) days’ written notice in accordance with the terms of this Agreement. 6.4 In the event that the performance of the Services under this Agreement is prevented by any cause, event or act beyond the reasonable control of the Speaker or STC, the parties shall be relieved of their obligations with respect to this Agreement.
DEFAULT AND TERMINATION 6. 1 Any of the following shall constitute an event of default: a) Company fails to perform any of its obligations under the Sections entitled "License Exclusions" or "Title and Protection"; or b) Either party fails to perform any other material obligation under this License Agreement and such failure remains uncured for more than thirty (30) days after receipt of written notice thereof. 6.2 If an event of default occurs, the nondefaulting party, in addition to any other rights available to it under law or equity, may terminate this Agreement and all licenses granted hereunder by written notice to the defaulting party. Except as otherwise specifically stated herein, remedies shall be cumulative and there shall be no obligation to exercise a particular remedy. 6.3 Within ten (10) days following the termination of this License Agreement, Company shall certify in writing to PeopleSoft that all copies of the Software and Documentation in any form, including partial copies within modified versions, have been destroyed or returned to PeopleSoft.
DEFAULT AND TERMINATION 6. 1 DLB may terminate this Agreement and any Work Order or Engagement Letter under it, if one or more of the following occur; 1) upon fifteen (15) days prior written notice, if Customer breaches the provisions of Section 5; 2) upon thirty (30) days written notice, if Customer shall fail to pay any fee for the work set forth under this Agreement or any current or future Work Order or Engagement Letter to it, when due, but such termination shall not take effect if Customer makes such payment prior to the expiration of the notice period; 3) upon thirty (30) days written notice, if Customer is in material default of any other provision of this Agreement, but such termination shall not take effect if Customer shall cure such default prior to the expiration of the notice period; or 4) immediately, if Customer enters into liquidation, whether voluntarily or compulsory, or compounds with its creditors, or has a receiver appointed, or commits an act of bankruptcy, or becomes insolvent, or enters into any arrangement with its creditors, or takes or suffers any similar action in consequence of debt, or ceases or threatens to cease to carry on business.

Related to DEFAULT AND TERMINATION 6

  • Default and Termination A. In the event of substantial failure by PROVIDER to perform in accordance with the terms hereof, A&M System may terminate this Agreement upon fifteen (15) days written notice of termination setting forth the nature of the failure (the termination shall not be effective if the failure is fully cured prior to the end of the fifteen-day period), provided that said failure is through no fault of A&M System.

  • Suspension and Termination Schedule 6 shall have effect.

  • Duration and Termination This Agreement shall become effective on July 21, 2015 and shall continue in effect until February 28, 2017, and thereafter, only if such continuance is approved at least annually by a vote of the Board, including the vote of a majority of the directors who are not parties to this Agreement or interested persons of any such party, cast in person, at a meeting called for the purpose of voting such approval. In addition, the question of continuance of this Agreement may be presented to the shareholders of the Portfolio; in such event, such continuance shall be effected only if approved by the affirmative vote of the holders of a majority of the outstanding voting securities of the Portfolio. This Agreement may at any time be terminated without payment of any penalty either by vote of the Board or by vote of the holders of a majority of the outstanding voting securities of the Portfolio, on not more than (60) sixty days’ written notice to the Manager. This Agreement shall automatically terminate in the event of its assignment. This Agreement may be terminated by the Manager after ninety (90) days’ written notice to the Fund. Any notice under this Agreement shall be given in writing, addressed and delivered, or mailed post-paid, to the other party at any office of such party. As used in this Section, the terms “assignment,” “interested persons,” “voting securities,” and a “majority of the outstanding voting securities” shall have the respective meanings set forth in Section 2(a)(4), Section 2(a)(19), Section 2(a)(42) of the 1940 Act and Rule 18f-2 thereunder.

  • COMMENCEMENT AND TERMINATION 10.1 This Agreement shall be effective as of the date hereof and shall continue in force until terminated in accordance with the provisions herein.

  • Term of Agreement and Termination 2.1. This Agreement enters into effect at the time of acceptance of this Agreement.

  • Term and Termination In any case, if not sooner terminated, this Agreement shall expire at the close of business on the effective date that the Offering is terminated. This Agreement may be terminated by either party (a) immediately upon notice to the other party in the event that the other party shall have materially failed to comply with any material provision of this Agreement or if any of the representations, warranties, covenants or agreements of such party contained herein shall not have been materially complied with and such failure to comply is not cured within ten (10) days after the date of such occurrence or (b) on 60 days’ written notice. In any event, this Agreement shall be deemed suspended during any period for which the Dealer Manager’s license or registration to act as a broker dealer shall be revoked or suspended by any federal, self-regulatory or state agency. In addition, the Dealer Manager, upon the expiration or termination of this Agreement, shall (a) promptly deposit any and all funds in its possession which were received from investors for the sale of Shares into the appropriate escrow account or, if the Minimum Offering has been reached, into such other account as the Company may designate; and (b) promptly deliver to the Company all records and documents in its possession which relate to the Offering which are not designated as dealer copies. The Dealer Manager, at its sole expense, may make and retain copies of all such records and documents required to be retained by the Dealer Manager pursuant to (i) Federal and state securities laws and the rules and regulations thereunder, (ii) the applicable rules of FINRA and (iii) the NASAA REIT Guidelines, but shall keep all such information confidential; provided, that, nothing contained in this Agreement shall prevent the Dealer Manager from disclosing any such information to any regulatory authority asserting jurisdiction over the Dealer Manager. The Dealer Manager shall use its reasonable best efforts to cooperate with the Company to accomplish any orderly transfer of management of the Offering to a party designated by the Company. Upon expiration or termination of this Agreement, the Company shall pay to the Dealer Manager all earned but unpaid compensation and reimbursement for all incurred, accountable compensation to which the Dealer Manager is or becomes entitled under Section 5 of this Agreement, including but not limited to any Distribution Fees, pursuant to the requirements of that Section 5 at such times as such amounts become payable pursuant to the terms of such Section 5 without acceleration; provided, however, that if the Minimum Offering is not reached prior to such expiration or termination, the Company shall not pay any such compensation and reimbursements to the Dealer Manager.

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