Default or Termination Sample Clauses
Default or Termination. 12.1 Except where specifically provided otherwise in this Agreement, in the event the Operator shall default in any of the covenants, agreements, commitments, or conditions herein, or if any of the conditions set forth herein shall occur, and any such default shall continue unremedied for a period of three (3) business days after written notice thereof to Operator, City may, at its option and in addition to all other rights and remedies which it may have at law or equity against Operator, including expressly the specific enforcement hereof and the enforcement of City ordinances, have the cumulative right to immediately terminate this contract and all rights of Operator under this Agreement. Termination of this agreement will also result in revocation or termination of operator’s license.
12.2 Notwithstanding anything to the contrary herein, City may suspend or terminate this Agreement and Operator must cease operations at any time if City finds, in its sole discretion that Operator’s XXXX is not in the best interest of the health, safety, or welfare of City’s residents and visitors.
12.3 Operator’s obligation with regards to indemnification as provided in Section 15 of this Agreement shall survive the expiration or termination of this Agreement with regards to any claims arising during such time as this Agreement was in effect.
12.4 Upon instances of Default or Termination, Operator shall remove its Shared Devices from the right-of- way within two (2) days of being notified of termination by City. If Operator fails to remove the Shared Devices upon due notice, any remaining Shared Devices may be removed by City at Operator’s expense. Operator shall not be entitled to damages for the removal of Shared Devices by City. Operator agrees to hold the City harmless for any damage to Shared Devices caused by City’s removal and or storage of such vehicles.
Default or Termination. In the event Subscriber defaults in the performance of any of the terms and conditions of this contract, including failure to make any payment as agreed, the balance of monies due for the unexpired term of this contract shall become immediately due and payable to Nexicom Communications Inc.. In the event of any default by Subscriber or upon the expiration of this contract, Subscriber authorizes Nexicom Communications Inc. to enter Subscriber's premises and remove Nexicom Communications Inc. equipment, and Nexicom Communications Inc. shall not be responsible for repair or redecoration of any portion of Subscriber's premises upon removal of Nexicom Communications Inc. equipment.
Default or Termination. 7.1 Except where specifically provided otherwise in this Agreement, in the event the Company shall default in any of the covenants, agreements, commitments, or conditions herein, or if any of the conditions set forth herein shall occur, and any such default shall continue unremedied for a period of three (3) business days after written notice thereof to Company, City may, at its option and in addition to all other rights and remedies which it may have at law or equity against Company, including expressly the specific enforcement hereof and the enforcement of City ordinances, have the cumulative right to immediately terminate this contract and all rights of Company under this Agreement.
7.2 Prior to the conclusion of the Term of this Agreement, City may establish a Pilot Program of formalized regulations for Shared Active Transport Operation. If such Pilot Program is established prior to the conclusion of the Term, City shall have the right to terminate this Agreement.
7.3 Notwithstanding anything to the contrary herein, City may suspend or terminate this Agreement at any time if City finds, in its sole discretion that Company’s Shared Active Transportation Operation is not in the best interest of the health, safety, or welfare of City’s residents and visitors.
7.4 Company’s obligation with regards to indemnification as provided in Section 12 of this Agreement shall survive the expiration or termination of this Agreement with regards to any claims arising during such time as this Agreement was in effect.
Default or Termination. Failure of either party to cure a default under this Agreement as soon as reasonably practical but, not less than thirty (30) days after receipt of written notice thereof, shall entitle the other party to immediately terminate this Agreement. A default which is not susceptible of cure within such thirty (30) days shall not give rise to a right of termination provided cure is commenced within thirty (30) days and diligently pursued to completion. Upon delivery of written notice of intent to terminate this Agreement by either party under this paragraph, ImOn shall be permitted to use the Premises for a period not to exceed one-hundred eighty (180) days at the end of which time ImOn shall remove the Equipment Enclosure and Equipment from the Premises.
Default or Termination. 1. Either party has the right to terminate this Agreement upon a material default by the other party unless the default is remedied within thirty (30) days of written notification of the default by the non-defaulting party. If such default by its nature cannot be remedied within such thirty (30) day period, the defaulting party shall have such time as is reasonably necessary to remedy the default, provided such remedy is pursued with due diligence. Both parties acknowledge that they shall work diligently and in good faith with the other party to cure any default hereunder. Upon giving notice of default, the non-defaulting party shall agree to meet with the defaulting party during the cure period and make good faith efforts to aid such party in remedying the default. The defaulting party shall make good faith efforts to cure the default as promptly as possible. If the default is not cured within the period provided above, then:
a. If DT is the non-defaulting party, DT may terminate ninety (90) days notice following the expiration of the cure period; or,
b. If Kid Ease is the non-defaulting party, Kid Ease may terminate ninety (90) days notice following the expiration of the cure period.
2. If DT experiences a cumulative financial loss over any three (3) consecutive months, as determined by the application of generally acceptable accounting principles including allocable general and administrative costs (a “loss” for the purposes of this Agreement):
a. Then DT may request a “resolution meeting” in which Kid Ease shall make efforts to amend this Agreement in a manner that permits the Facility to operate profitably.
b. After the “resolution meeting,” if the Facility continues to experience a loss for any two (2) consecutive months, then DT may terminate after giving one month prior written notice to Kid Ease. Kid Ease may elect to require DT to continue to operate the Facility for no more than three months after DT’s noticed termination date. In exchange for the additional operation period, Kid Ease shall pay DT sufficient money to avoid any loss by DT during such additional period of time.
c. In the further event that Kid Ease refuses to hold a “resolution meeting,” (any such meeting to be held after prior written request no less than fifteen (15) days nor more than (30) days after receiving such notice) then DT may terminate this Agreement on one month written notice to be given no earlier than the (30th) day following the date a “resolution meeting” was req...
Default or Termination. The Customer authorises Xxx Xxxxxx, upon default under the Agreement by the Customer or on termination of the Agreement, to disclose to the membership of the Marina Operators Association of NZ Inc any personal information held by Xxx Xxxxxx about the Customer.
Default or Termination. 7.1 Except where specifically provided otherwise in this Agreement, in the event the Company shall default in any of the covenants, agreements, commitments, or conditions herein, or if any of the conditions set forth herein shall occur, and any such default shall continue unremedied for a period of three (3) business days after written notice thereof to Company, MU may, at its option and in addition to all other rights and remedies which it may have at law or equity against Company, including expressly the specific enforcement hereof and the enforcement of MU rules, regulations and policies, have the cumulative right to immediately terminate this contract and all rights of Company under this Agreement.
7.2 Prior to the conclusion of the Term of this Agreement, MU may establish a Program of formalized regulations for Shared Active Transport Operation. If such Program is established prior to the conclusion of the Term, MU shall have the right to terminate this Agreement.
7.3 Notwithstanding anything to the contrary herein, MU may suspend or terminate this Agreement at any time if MU finds, in its sole discretion that Company’s Shared Active Transportation Operation is not in the best interest of the health, safety, or welfare of MU’s faculty, staff, students and visitors.
7.4 Company’s obligation with regards to indemnification as provided in Section 12 of this Agreement shall survive the expiration or termination of this Agreement with regards to any claims arising during such time as this Agreement was in effect.
Default or Termination. Client agrees that if Client fails to pay any fee or other amount due, Allied Universal will have the option to terminate Monitoring Services immediately. Notwithstanding such termination, Client will pay to Allied Universal all accrued charges incurred prior to the date of termination, together with an additional amount equal the remaining payments which Client would have been obligated to pay from the date of termination until the end of the existing term, as liquidated damages and not as a penalty.
Default or Termination. 10.1 If fails in whole or in part to substantially perform its
10.2 This Agreement will be effective for the Project Term identified in Article 2.1, upon approval and execution by the Parties, and shall continue in effect for the full duration of the Project Term unless sooner terminated in accordance with the provision of this Article. Either Party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other.
Default or Termination. Except as otherwise provided for in this ---------------------- Section, an Event of Default on the part of either party means the occurrence of any event described in Section 10.1(d) or (e) below. An Event of Default may be declared with or without a termination. Regardless of any default or termination of the Builder or Contractor, the obligations of the State and Corporation to Section 3.4 Certificate holders shall remain unchanged.