Early Termination by Seller Sample Clauses

Early Termination by Seller. In addition to the right to terminate upon a Buyer Event of Default as provided in Article 6, Seller shall have the right at any point up to the Project COD Deadline, unless waived by Seller in writing, to terminate this Agreement, without any further or financial obligation to Buyer as a result of such termination, by written notice to Buyer if despite Seller having used [commercially reasonable efforts], it could not obtain all Consents required to achieve Project COD, without material conditions unacceptable to Seller acting reasonably. In the event of such termination, Seller will be entitled to a return of any Seller Security provided to Buyer.
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Early Termination by Seller. In addition to the right to terminate upon a Buyer Event of Default as provided in Article 6, Seller shall have the right at any point up to the Project COD Deadline, unless waived by Seller in writing, to terminate this Agreement, without any further or financial obligation to Buyer as a result of such termination, by written notice to Buyer if despite Seller having used [commercially reasonable efforts], it could not obtain all Consents required to achieve Project COD, without material conditions unacceptable to Seller acting reasonably. In the event of such termination, Seller will be entitled to a return of any Seller Security provided to Buyer. Effective Date Notwithstanding anything herein, this Agreement shall be null and void and the Parties shall have no obligation to each other hereunder if the Effective Date has not occurred on or before, [DATE TO BE INSERTED] unless otherwise mutually agreed by the Parties in writing. OBLIGATIONS AND DELIVERIES Delivery and Sale of Products
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Early Termination by Seller. Notwithstanding the foregoing, this Agreement may be terminated and all rights to the Intellectual Property shall revert back to the Seller if, in the event that (i) the Royalty Fee is not paid for any period on the Payment Due Date for that calendar period, or (ii) the Purchaser materially breaches or defaults under the terms of any provision of this Agreement; provided, however, that Purchaser shall not have cured such non-payment or default pursuant to this Agreement.
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Early Termination by Seller. Notwithstanding any provisions of this Agreement to the contrary, (a) if no financial closing for the construction of the Facility occurs before December 31, 2007, or (b) if Seller reasonably determines that the requirements of the permits issued for the Facility would make development or operation of the Facility infeasible or uneconomic, Seller shall, on the terms and subject to the conditions of this Section 2.4, have the right to terminate this Agreement, without any further financial or other obligation to Buyer as a result of such termination (except as expressly provided herein), by providing written notice of such determination to Buyer at any time before December 31, 2007. Seller shall provide written notice to Buyer of financial closing for the construction financing of the Facility within five (5) Business Days after such financial closing has occurred.
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Early Termination by Seller. Seller shall have the right to terminate Seller’s performance of all, but not less than all, of the Services if Buyer breaches its obligations under this Agreement and such breach is not cured within thirty (30) days after Buyer’s receipt of written notice thereof from Seller. If Seller terminates its performance of all of the Services pursuant to this Section 6(c), then such termination shall constitute the termination of this Agreement.
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Early Termination by Seller. Not later than sixty-five (65) days following the Effective Date, Seller, in its sole discretion and without cause, may terminate this Agreement by providing notice to Buyer. In the event Seller terminates this Agreement pursuant to this Section 2.2, all rights, obligations and liabilities of both Parties under this Agreement shall immediately cease and be of no further force and effect and neither Party shall be obligated to the other Party for any costs, expenses, damages or other charges incurred prior to or as 41 47 a result of such early termination, other than as may have been specifically provided for in that certain Reimbursement Agreement between the Parties attached hereto as Exhibit H, as may be amended from time to time.
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Early Termination by Seller. In addition to the right to terminate upon a Buyer Event of Default as provided in Article 6, Seller shall have the right at any point up to the Project COD Deadline, unless waived by Seller in writing, to terminate this Agreement, without any further or financial obligation to Buyer as a result of such termination, by written notice to Buyer if either event described in Section 2.4.1 or 2.4.2 has not been waived or satisfied. In the event of such termination, Seller will be entitled to a return of any Seller Security provided to Buyer. If Seller has used commercially reasonable efforts, but cannot obtain all Consents required to complete Project COD, free of material conditions reasonably unacceptable to Seller; or If Seller has used commercially reasonable efforts, but cannot execute an Interconnection Agreement, free of material conditions reasonably unacceptable to Seller, which allows for the Project and the Electrical Interconnection Facilities to meet Seller’s delivery obligations to Buyer with a schedule of completion of the Electrical Interconnection Facilities by no later than [Insert Date] or if approval for parallel operations from the Connecting Transmission Owner is not provided by [Insert Date] Effective Date Notwithstanding anything herein, this Agreement shall be null and void and the Parties shall have no obligation to each other hereunder if the Effective Date has not occurred on or before [Insert Date], unless otherwise mutually agreed by the Parties in writing. OBLIGATIONS AND DELIVERIES Delivery and Sale of Products Seller shall, in accordance with Sections 3.1.1 and 3.1.2, as applicable, sell and deliver to Buyer at the Delivery Point all Energy produced by the Project during the Term, and convey to Buyer all Related Capacity and Renewable Attributes associated with and attributable to such Energy, and Buyer shall purchase all such Energy. Buyer shall pay Seller the applicable Monthly Costs set forth in Exhibit C for Delivered Energy in the corresponding Contract Year, subject to the provisions of Sections 5.2 and 5.3. For the avoidance of doubt, there shall be no additional charge to Buyer for Renewable Attributes or any Related Capacity. Delivered Energy Title to and risk of loss for all Delivered Energy shall pass from Seller to Buyer at the Delivery Point. Seller shall be responsible for any costs or charges related to the Seller’s transmission and delivery of Energy up to the Delivery Point, and Buyer shall be responsible for an...
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Early Termination by Seller. Participation in Future Programs‌ If the Seller terminates this EPA under section 15.3(a), the Seller and its Affiliates may be, in relation to or in connection with the Seller’s Plant, ineligible to participate in any future calls for power or power procurement or acquisition initiatives, programs or activities led, initiated or administered by the Buyer or the Province of British Columbia. If, after the Effective Date, the Seller wishes to sell, transfer or assign its interest in the Seller’s Plant to any other Person, the Seller will inform the prospective transferee prior to agreeing to transfer such interest that the Buyer may not consider, approve or permit any applications or requests for participation by any Person, with respect to or in connection with the Seller’s Plant, in any future calls for power or power procurement or acquisition initiatives, programs or activities in such circumstances.
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Early Termination by Seller. Seller shall have the right, but not the obligation, to terminate this Agreement prior to the Expiration Date only upon the occurrence of:
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Related to Early Termination by Seller

  • Early Termination In the absence of any material breach of this Agreement, should the Trust elect to terminate this Agreement prior to the end of the term, the Trust agrees to pay the following fees:

  • Early Termination by Borrower Borrower has the option, at any time upon 90 days prior written notice to Lender, to terminate this Agreement by paying to Lender, in cash, the Obligations (including (a) either (i) providing cash collateral to be held by Lender in an amount equal to 105% of the Letter of Credit Usage, or (ii) causing the original Letters of Credit to be returned to Lender, and (b) providing cash collateral (in an amount determined by Lender as sufficient to satisfy the reasonably estimated credit exposure) to be held by Lender for the benefit of the Bank Product Providers with respect to the Bank Product Obligations), in full, together with the Applicable Prepayment Premium. If Borrower has sent a notice of termination pursuant to the provisions of this Section, then Lender's obligations to extend credit hereunder shall terminate and Borrower shall be obligated to repay the Obligations (including (a) either (i) providing cash collateral to be held by Lender in an amount equal to 105% of the Letter of Credit Usage, or (ii) causing the original Letters of Credit to be returned to Lender, and (b) providing cash collateral (in an amount determined by Lender as sufficient to satisfy the reasonably estimated credit exposure) to be held by Lender for the benefit of the Bank Product Providers with respect to the Bank Product Obligations), in full, together with the Applicable Prepayment Premium, on the date set forth as the date of termination of this Agreement in such notice. In the event of the termination of this Agreement and repayment of the Obligations at any time prior to the Maturity Date, for any other reason, including (a) termination upon the election of Lender to terminate after the occurrence and during the continuation of an Event of Default, (b) foreclosure and sale of Collateral, (c) sale of the Collateral in any Insolvency Proceeding, or (d) restructure, reorganization, or compromise of the Obligations by the confirmation of a plan of reorganization or any other plan of compromise, restructure, or arrangement in any Insolvency Proceeding, then, in view of the impracticability and extreme difficulty of ascertaining the actual amount of damages to Lender or profits lost by Lender as a result of such early termination, and by mutual agreement of the parties as to a reasonable estimation and calculation of the lost profits or damages of Lender, Borrower shall pay the Applicable Prepayment Premium to Lender, measured as of the date of such termination.

  • Termination by Xxxxxx Xilinx may terminate this Agreement for material breach by Licensee, provided that Xilinx has given written notice to Licensee of such breach and Licensee fails to cure such breach within thirty (30) days thereof; provided, however, in the event of a breach of confidentiality under Section 6 whereby unauthorized disclosure and/or dissemination by electronic or other means is likely to cause undue harm to Xilinx, then Xilinx may, at its discretion, immediately terminate this Agreement and seek other appropriate equitable and legal remedies as deemed necessary to protect its interests hereunder.

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