During First Thirty-Six Months Sample Clauses

During First Thirty-Six Months. If, during the period commencing on the Effective Date and expiring at midnight on the day preceding the thirty seventh Billing Cycle after the Effective Date, any applicable Law, the Rules or the Act are enacted, amended, modified, nullified, suspended, repealed, found unconstitutional or unlawful, or changed or affected in any respect by any law, rule, regulation, order, interpretation, judgment, decree, directive, policy or similar act of any governmental authority (other than any change in Utility rates or Taxes, except for any Taxes described in subsection (d) of this Section 3.4), and such event (a) has, or would be reasonably likely to have, a material adverse effect upon the ability of the Sysco Parties collectively or EESI to perform its obligations under this Agreement; (b) renders, or would be reasonably likely to render, EESI's or the Sysco Parties’ collective performance of their respective obligations under this Agreement illegal or unenforceable; (c) prevents, or would be reasonably likely to prevent, the applicable Utility from processing or otherwise giving effect to direct access service requests from EESI, whether previously submitted or to be submitted in the future; or (d) results in a Tax which EESI is prevented by applicable Law from passing-on, offsetting or recovering in any manner whatsoever, then EESI or the Sysco Corporation may unilaterally terminate this Agreement upon at least thirty days prior written notice to Sysco Corporation or EESI, as applicable. In the case of a termination as a result of an event set forth under subsections (a), (b), (c) or (d) above, the Party not requesting the termination (“the Non-Terminating Party”) shall calculate the Early Termination Payment as set forth in Section 3.3.1. If EESI terminates the Agreement as a result of an event set forth under subsections (a), (b), (c) or (d) above, and the Early Termination Payment is a net Loss to the Sysco Parties, EESI shall pay the Early Termination Payment plus one hundred thousand dollars ($100,000.00) to the Sysco Corporation. If such amount is a net Gain to the Sysco Parties, the Sysco Parties shall be under no obligation to pay to EESI, and EESI shall not be entitled to receive, any amount except for amounts accrued or otherwise due under Article 2 of this Agreement prior to the date of termination. If the Sysco Parties terminate the Agreement as a result of an event set forth under subsections (a), (b), (c) or (d) above, and the Early Termination P...
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Related to During First Thirty-Six Months

  • Anniversary Fee A fully earned, non-refundable fee of $37,500, on the first anniversary of the Effective Date; and

  • Termination Date For purposes of this Agreement, except as otherwise provided in Section 10(b) and Section 17(a) hereof, the term “Termination Date” means (i) if the Executive’s employment is terminated by the Executive’s death, then the date of death; (ii) if the Executive’s employment is terminated by reason of voluntary early retirement, as agreed in writing by the Company and the Executive, then the date of such early retirement which is set forth in such written agreement; (iii) if the Executive’s employment is terminated by reason of disability pursuant to Section 12 hereof, then the earlier of thirty (30) days after the Notice of Termination is given or one day prior to the end of the Employment Period; (iv) if the Executive’s employment is terminated by the Executive voluntarily (other than for Good Reason), then the date the Notice of Termination is given; and (v) if the Executive’s employment is terminated by the Company (other than by reason of disability pursuant to Section 12 hereof) or by the Executive for Good Reason, then the earlier of thirty (30) days after the Notice of Termination is given or one day prior to the end of the Employment Period. Notwithstanding the foregoing, (A) If termination is by the Company for Cause pursuant to Section 1(d)(iii) of this Agreement and if the Executive has substantially cured the conduct constituting such Cause as described by the Company in its Notice of Termination within such thirty (30) day or shorter period, then the Executive’s employment hereunder shall continue as if the Company had not delivered its Notice of Termination and there shall be no Termination Date arising out of such Notice. (B) If the Company shall give a Notice of Termination for Cause or by reason of disability and the Executive in good faith notifies the Company that a dispute exists concerning such attempted termination within the fifteen (15)-day period following receipt thereof, then the Executive may elect to continue his employment during the pendency of such dispute and the Termination Date shall be determined under this paragraph. If the Executive so elects and it is thereafter determined that Cause or disability (as the case may be) did exist, the Termination Date shall be the earlier of (1) the date on which the dispute is finally determined, either (x) by mutual written agreement of the parties or (y) in accordance with Section 22 hereof, (2) the date of the Executive’s death, or (3) one day prior to the end of the Employment Period. If the Executive so elects and it is thereafter determined that Cause or disability (as the case may be) did not exist, then the employment of the Executive hereunder shall continue after such determination as if the Company had not delivered its Notice of Termination and there shall be no Termination Date arising out of such Notice. (C) If the Executive shall in good faith give a Notice of Termination for Good Reason and the Company in good faith notifies the Executive that a dispute exists concerning such attempted termination within the fifteen (15)-day period following receipt thereof, then the Executive may elect to continue his employment during the pendency of such dispute and the Termination Date shall be determined under this paragraph. If the Executive so elects and it is thereafter determined that Good Reason did exist, the Termination Date shall be the earlier of (1) the date on which the dispute is finally determined, either (x) by mutual written agreement of the parties or (y) in accordance with Section 22 hereof, (2) the date of the Executive’s death or (3) one day prior to the end of the Employment Period. If the Executive so elects and it is thereafter determined that Good Reason did not exist, then the employment of the Executive hereunder shall continue after such determination as if the Executive had not delivered the Notice of Termination asserting Good Reason and there shall be no Termination Date arising out of such Notice. In either case, this Agreement continues, until the Termination Date, if any, as if the Executive had not delivered the Notice of Termination except that, if it is finally determined that Good Reason did exist, the Executive shall in no case be denied the benefits described in Sections 8(b) and 9 hereof (including a Termination Payment) based on events occurring after the Executive delivered his Notice of Termination. (D) Except as provided in Paragraphs (B) and (C) above, if the party receiving the Notice of Termination in good faith notifies the other party that a dispute exists concerning the termination within the fifteen (15)-day period following receipt thereof and it is finally determined pursuant to a legally binding settlement or final and nonappealable judgment or other binding decision that the reason asserted in such Notice of Termination did not exist, then (1) if such Notice was delivered by the Executive, the Executive will be deemed to have voluntarily terminated his employment and (2) if delivered by the Company, the Company will be deemed to have terminated the Executive other than by reason of death, disability or Cause. In the event clause (2) applies, all amounts owed to the Executive under this Agreement shall be paid promptly following the execution of the legally binding settlement or issuance of the final and nonappealable judgment or other binding decision. (E) If the termination is described in Section 2 hereof, then the Termination Date shall be the date of the Executive’s termination of employment from the Company.

  • Month A period commencing at 10:00 a.m., Eastern Standard Time, on the first Day of a calendar month and extending until 10:00 a.m., Eastern Standard Time, on the first Day of the next succeeding calendar month. Monthly shall have the correlative meaning.

  • Payment Term 6.1 With the acceptance of the offer by receiving the Confirmation Email the Lender must pay in the entire loan amount to the Escrow-Account within seven days as laid out in described in the Confirmation Email. The transfer can be made using all the payment methods offered by the platform, including: bank transfer, SEPA direct debit, credit card (up to a maximum of EUR 1,500), SOFORT and use of funds already available on the Investor Wallet. 6.2 If the lender does not comply with his obligation to pay within seven days, the loan agreement expires automatically, without the need for a separate termination by the borrower. 6.3 The offer is not complete and effective until the complete loan amount has been paid into the Escrow-Account as published on the platform. The transfer may be carried out by any of the payment methods offered by the Platform, such as bank transfer, SEPA Direct Debit, credit aard (up to EUR 1,500 maximum), SOFORT and use of funds already available on the Investor Wallet.

  • Payments within Six (6) Months Except as described in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the Company has not made any direct or indirect payments (in cash, securities or otherwise) to: (i) any person, as a finder’s fee, consulting fee or otherwise, in consideration of such person raising capital for the Company or introducing to the Company persons who raised or provided capital to the Company; (ii) any FINRA member; or (iii) any person or entity that has any direct or indirect affiliation or association with any FINRA member, within the six (6) months immediately prior to the original filing of the Registration Statement, other than the payment to the Underwriters as provided hereunder in connection with the Offering.

  • Thirty Day Payments Upon receipt of a billing statement that complies with all invoice requirements set forth in this Article, the State shall make a good faith effort to pay the amount which is due and payable within thirty

  • Payment Period Whenever a payment under this Agreement specifies a payment period with reference to a number of days, the actual date of payment within the specified period shall be within the sole discretion of Company.

  • Retention Period The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and services provided (hereinafter called the Records). The Engineer shall make the records available at its office during the contract period and for seven (7) years from the date of final payment under this contract, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last.

  • Partial Disposal During Term of Service Agreement Throughout the Term of the Service Agreement, LEA may request partial disposal of Student Data obtained under the Service Agreement that is no longer needed. Partial disposal of data shall be subject to LEA’s request to transfer data to a separate account, pursuant to Article II, section 3, above.

  • months The provisions of the Contract will apply (subject to any Variation or adjustment to the Contract Price pursuant to clause C4 (Price adjustment on extension of the Initial Contract Period)) throughout any such extended period.

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