Early Termination by Either Party. If Licensee does not obtain all Regulatory Approvals for any Pole License by the first anniversary of its effective date, either party will have the right to terminate that Pole License on 60 days’ notice, which the terminating party must deliver to the other party within 10 business days after the first anniversary of the effective date of the Pole License to be terminated. If a Pole License is terminated under this provision, the Commencement Date will be deemed not to occur, and Licensee will have no obligation to pay the License Fee. If Licensee obtains all Regulatory Approvals within such sixty (60) day period, City’s termination notice shall be deemed revoked, and the Pole License shall remain in full force and effect.
Early Termination by Either Party. Without prejudice to any other right or remedy, either Party may by written notice to the other Party terminate this Agreement at any time by notice in writing to the other Party, if
(a) the other Party has materially breached this Agreement (and for the avoidance of doubt non-payment by the Licensee under clause 4 shall be deemed a material breach) and, in case of a remediable breach other than a persistent breach, has failed to remedy that breach within *** days of the date of service of a written notice from the other Party specifying the breach and requiring that it be remedied; or
(b) the other Party ceases to carry on business, is unable to pay its debts when they fall due, is declared bankrupt, or an order is made or a resolution passed for the winding up of that other Party or the appointment of an administrator, receiver, liquidator or manager of that other Party. *** = Portions of this exhibit have been omitted pursuant to a request for confidential treatment. An unredacted version of this exhibit has been filed separately with the Commission.
Early Termination by Either Party. Without prejudice to any other right or remedy, either Party may by written notice to the other Party terminate this Agreement at any time, if any of the following events occur:
(a) the other Party has materially breached this Agreement (and for the avoidance of doubt non-payment by the Licensee under clause 4 shall be deemed a material breach) and, in case of a remediable breach other than a persistent breach, has failed to remedy that breach within [**] of the date of service of a written notice from the other Party specifying the breach and requiring that it be remedied;
(b) the other Party ceases to carry on business, is declared bankrupt, or an order is made or a resolution passed for the winding up of that other Party or for the appointment of an administrator, receiver, liquidator or manager of that other Party; or
(c) if the force majeure event as defined in clause 9.1 continues for longer than [**].
Early Termination by Either Party. A Party may terminate this Agreement by giving to the other Party sixty (60) days prior written notice upon the bankruptcy or the insolvency of the other Party.
Early Termination by Either Party. Only during the first year of this Agreement, from the date of execution herein, either party may terminate this Agreement for any reason upon sixty (60) days written notice.
Early Termination by Either Party. This Agreement may be terminated by either Party upon thirty (30) Days’ prior written notice to the other Party upon the occurrence and continuation of an Event of Default by the other Party which remains uncured beyond all applicable notice and cure periods, subject, however, to any and all the rights of Financing Parties hereunder. In the event of termination pursuant to this Section 2.2, Section 2.3, Section 2.4 or Section 16, Owner shall pay to Operator to the extent not yet paid:
2.2.1 All Direct Operating Expenses and Capital Improvement Expenses incurred by Operator that have not been paid or reimbursed by Owner through the effective date of termination;
2.2.2 Any Basic Corporate Overhead Expenses and Annual Profit Fees earned but not paid through the effective date of termination (provided that, if such termination is due to an Operator Event of Default, Operator shall forfeit any Annual Profit Fees earned after the Event of Default giving rise to such termination); and
2.2.3 Unless such termination is due to an Operator Event of Default or pursuant to Section 2.4, Operator’s Early Termination Costs.
Early Termination by Either Party. If Licensee does not obtain all Regulatory Approvals for any Pole License by the first anniversary of its effective date, either party will have the right to terminate that Pole License on 60 days’ notice, which the terminating party must deliver to the other party within 10 business days after the first anniversary of the effective date of the Pole License to be terminated. If a Pole License is terminated under this provision, the Commencement Date will be deemed not to occur, and Licensee will have no obligation to pay the License Fee.
Early Termination by Either Party. Either Party may terminate the Agreement with immediate effect by notice in writing to the other Party on the occurrence of any of the following events:
(i) If the other Party commits a material breach of any term of the Agreement and that breach is irremediable, or if such breach is remediable, the Party alleged to be in breach fails to remedy such breach within fourteen (14) days after being notified in writing of such breach by the terminating Party.
Early Termination by Either Party. Sublandlord has the right to terminate this Sublease prior to expiration of the Sublease Term upon not less than six (6) months prior written notice to Subtenant. After the first anniversary date hereof, Subtenant has the right to terminate this Sublease prior to expiration of the Sublease Term upon not less than six (6) months prior written notice to Subtenant. Such termination shall be effective at midnight on the day which is the later to occur of the date specified in such notice, or the date which is six (6) months from the date such notice is delivered.
Early Termination by Either Party. Either party may terminate this Agreement upon written notice to the other party (i) if the other party commits any material breach of this Agreement which the other party fails to cure within 60 days following written notice from the non-breaching party specifying such breach; (ii)
(A) all or a substantial portion of the assets of the other party are transferred to an assignee for the benefit of creditors or to a receiver or to a trustee in bankruptcy, (B) a proceeding is commenced by or against the other party for relief under bankruptcy or similar laws and such proceeding is not dismissed within 60 days, or (C) the other party is adjudged bankrupt; or (iii) the other party permanently ceases to conduct business.
