Early Termination by Customer. If Customer terminates the Agreement, or some of the Services provided under the Agreement, before the end of the Initial Term or any Renewal Term (the “Terminated Term”), Provider will charge Customer, and Customer will pay, an early termination charge equal to 100% of the monthly Service Fee for the terminated Services, multiplied by the number of months remaining in the Terminated Term on the date of termination. The early termination charge is in addition to the full monthly Service Fee payable for the month of, and months prior to, termination. Provider will also charge Customer, and Customer will pay, (a) any unpaid recurring or non-recurring charges waived by Provider at the beginning of or during the Terminated Term, and (b) the difference between the MSRP and the price paid by Customer for any equipment purchased at the beginning of or during the Terminated Term. If Customer or its User transfers or ports its phone number to a service provider other than Provider, Customer must also contact Provider to terminate the Services provided to Customer by Provider.
Early Termination by Customer. 2A.1 This Agreement cannot be terminated by the Customer during the Initial Term of this Agreement except in the case of an un-cured material breach of the terms of this Agreement by MSP. Subject to as otherwise provided herein, the Agreement may only be terminated prior to the expiry of the Initial Term with the prior consent in writing from MSP. In any case of early termination, Customer shall pay to the MSP an amount equal to all sums payable and outstanding till the end of the Initial Term (“Early Termination Payment”). The Early Termination Payment shall be calculated from the date of the letter received by MSP whereunder the Customer seeks termination uptil the end of the Initial Term (“Early Termination Notice”).
2A.2 The term ‘un-cured material breach’ for the purposes of this clause 2A shall mean a breach by MSP, which is material in nature and not just an ordinary breach and where such breach remain uncured for a period of 60 (sixty) days from the date that the Customer notifies MSP of such breach.
Early Termination by Customer. If Customer terminates the Agreement, or some of the Services provided under the Agreement, before the end of the Initial Term or any Renewal Term (the “Terminated Term”), Provider will charge Customer, and Customer will pay, an early termination charge equal to 100% of the monthly Service Fee for the terminated Services, multiplied by the number of months remaining in the Terminated Term on the date of termination. The early
Early Termination by Customer. Notwithstanding the other provisions of the Agreement and the required notice periods therein, the Customer may terminate the Agreement forthwith at any time without claim or charge by the Operator, by giving notice to the Operator if any of the following has occurred and is continuing:
(a) if the Operator shall have a receiver, bankruptcy trustee or analogous person appointed over or to administer and manage all or any substantial part of its assets and such appointment is not dismissed or withdrawn within 30 days; or
(b) if the Operator shall make any composition with its creditors (except in the case of voluntary reorganisation not involving insolvency of the Operator); or
(c) if the Operator shall go into liquidation whether voluntary or compulsory (otherwise than for the purpose of amalgamation or reconstruction),
(a) to 16.3(c) (inclusive) and shall instead, subject to the required notice period therein, only be permitted to terminate this Agreement:
(i) in the event or circumstance set out in Clause 16.3(a) occurs; or
(ii) if:
(A) a receiver with a power of sale has been appointed by any secured Finance Party or the Security Trustee;
(B) a bankruptcy trustee has been appointed by a court in the United Arab Emirates on the application of any secured Finance Party or the Security Trustee; or
(C) any analogous person is appointed by or on the application of any secured Finance Party or the Security Trustee, in each case over or to administer and manage:
(D) all or any substantial part of the Operator’s assets; or
(E) the shares in the Operator that have been charged to the secured Finance Party, or the Security Trustee (as the case may be) by the Guarantor, and any appointment referred to in paragraph (A), (8) or (C) is not dismissed or withdrawn within 30 days; or
(iii) any secured Finance Party or Security Trustee (as the case may be) has been awarded a favourable judgment of a court in the United Arab Emirates substantiating the secured Finance Party’s, or Security Trustee’s (as the case may be) debt claim and enabling it to sell (X) the Operator’s business and/or assets that have been charged to the secured Finance Party, or the Security Trustee (as the case may be) by the Operator or (Y) the shares in the Operator that have been charged to the secured Finance Party, or the Security Trustee (as the case may be) by the Guarantor; or
(iv) a court in the United Arab Emirates has issued a judgment of liquidation or otherwise authorising (or permitting)...
Early Termination by Customer. This Agreement may be terminated by Customer immediately upon written notice if Company: (a) by act or omission breaches or defaults on any material term or condition of this Agreement and Company fails to cure such breach or default within thirty (30) calendar days after written notice from Customer; or (b) becomes insolvent; makes an assignment for the benefit of creditors, has a receiver appointed over all or any portion of its property, becomes the subject of an “order for relief” as that term is used in the U.S. Bankruptcy Code, or is liquidated or dissolved or its affairs are wound up.
Early Termination by Customer. (a) In addition to any other right of termination provided herein, Customer shall have the right to terminate this Agreement with respect to one or more Contract Aircraft by delivering written notice of termination to Supplier at any time prior to such Contract Aircraft’s Scheduled Delivery Date upon payment to M&B of the applicable amount listed below: [*]
(b) The Parties acknowledge and agree that any amount payable pursuant to Clause 19.3 shall not be deemed to be a penalty but shall be deemed liquidated damages to account for losses incurred by Supplier and M&B in the event of termination during the periods described above, which losses are not capable of being measured at this time.
(c) Upon termination pursuant to this Clause 19.3 in respect of any Contract Aircraft, M&B shall refund all payments, if any, made by Customer in respect of such Contract Aircraft. Upon payment by Customer of the applicable amount pursuant to this Clause 19.3 for any Contract Aircraft (or after offsetting or recoupment as provided in the preceding sentence), Customer shall have no further obligation to M&B and Supplier pursuant to this Agreement in respect of such Contract Aircraft. CAM Conversion Agreement
Early Termination by Customer. In the event Customer elects to terminate this Agreement prior to expiration of the Initial Term or during a subsequent renewal term, Customer shall,
(i) provide immediate written notice of such to ICS; and
(ii) in the case of termination during the Initial Term of a twenty-four month (24) or thirty-six month (36) Service Order, within thirty
Early Termination by Customer. This agreement and any Pricing Sheets may be terminated by Customer prior to the expiration of the Term in the event of a material breach by Vendor of any provision of this Agreement that Vendor fails to correct within 30 days of written notice.
Early Termination by Customer. This section contains a series of rights the Town has to terminate the PPA and protect its interests.
a) The Town may terminate the PPA if the developer has not submitted an interconnection agreement application to connect the solar array to the WMECo grid within 90 days of signing the PPA. (The developer has already submitted the interconnection application.)
b) The Town will receive its savings under this PPA from Net Metering credits from WMECo. These are credits on the Town’s WMECo electricity bills for the electricity the solar system exports to WMECo. Prior to proceeding with interconnecting, the Town has the right to terminate the PPA if it feels the project will not be eligible for net metering credits, for example if enough other projects have been built in the WMECo service area to use up the production allocated to net metering facilities under state law. Also, this paragraph contains language about a newly announced regulatory system for queuing solar facility applications depending on when towns and developers file them. If this project is in the queue, but on a waiting list, the Town will wait 180 days to see if the queue clears, before exercising its right to terminate the PPA.
c) The next four Town termination rights are designed to ensure that the developer keeps to a timely schedule for moving the project forward. The Town will not terminate the PPA if the landfill neighbor’s lawsuit against the project is still ongoing. The Town may terminate the PPA if the developer has not:
i. Submitted its Special Permit to the Zoning Board of Appeals within 60 days of receiving notice from the Town to proceed with the project.
ii. Filed an application for a Post Closure Use Permit with the DEP within 90 days of notice from the Town.
iii. Submitted an application for MESA Project Review (review of the presence of any endangered species) within 90 days of notice from the Town or
iv. Started construction by July 31, 2013 (this date may be held in abeyance, if the litigation is still pending).
d) The Town may terminate the PPA if it exercises its right to purchase the solar array or if the developer defaults on the PPA.
Early Termination by Customer. Customer may terminate a Service it has requested under a Service Schedule (“Terminated Service”) at any time before the end of the relevant Service Term by giving notice of termination to Hypertec at least 30 days before the proposed early termination date. Customer may not terminate a Service except as provided herein. If Customer terminates a Service under this Section, the Customer shall pay to Hypertec the Charges defined in paragraph 6 of the Service Schedule.
