Common use of Early Termination; Remedies Clause in Contracts

Early Termination; Remedies. If an Event of Default occurs with respect to a Defaulting Party at any time during the Term, the other party ("Non-Defaulting Party") may, for so long as the Event of Default is continuing, (i) establish a date (which date shall be between five (5) and ten (10) Business Days after the Non-Defaulting Party delivers notice to the Defaulting Party) ("Early Termination Date") on which this Agreement shall terminate and (ii) withhold any payments due to the Defaulting Party under this Agreement; provided, however, that if the Event of Default is that the Defaulting Party becomes subject to a Bankruptcy Proceeding, then this Agreement shall automatically terminate without notice and without any other action by either Party as if an Early Termination Date had been immediately declared prior to such Event of Default. Regardless of whether an Early Termination Date is declared, if an Event of Default shall have occurred, the Non-Defaulting Party shall be entitled to exercise any remedy available at law or equity consistent with Article 10 to recover its damages, including attorneys' fees, resulting from any Event of Default.

Early Termination; Remedies. If an Event of Default occurs with respect to a Defaulting Party at any time during the Term, the other party ("Non-Defaulting Party") may, for so long as the Event of Default is continuing, (i) establish a date (which date shall be between five (5) and ten (10) Business Days after the Non-Defaulting Party delivers notice to the Defaulting Party) ("Early Termination Date") on which this Agreement any or all Transactions selected by it shall terminate (individually, a "Terminated Transaction" and collectively the "Terminated Transactions") and (ii) withhold any payments due to the Defaulting Party under this Agreement; providedPROVIDED, howeverHOWEVER, that if the Event of Default is that the Defaulting Party becomes subject to a Bankruptcy Proceeding, then all Transactions and this Agreement shall automatically terminate without notice and without any other action by either Party as if an Early Termination Date had been immediately declared prior to such Event of Default. Regardless of whether an Early Termination Date is declared, if an Event of Default shall have occurred, the Non-Defaulting Party shall be entitled to exercise any remedy available at law or equity consistent with Article 10 9 hereof to recover its damages, including attorneys' fees, resulting from any Event of Default.

Early Termination; Remedies. If an Event of Default occurs with respect to a Defaulting Party at any time during the Term, the other party ("Non-Defaulting Party") may, for so long as the Event of Default is continuing, (i) establish a date (which date shall be between five (5) and ten (10) Business Days after the Non-Defaulting Party delivers notice to the Defaulting Party) ("Early Termination Date") on which this Agreement shall terminate and (ii) withhold any payments due to the Defaulting Party under this Agreement; provided, however, that if the Event of Default is that the Defaulting Party becomes subject to a Bankruptcy Proceeding, then this Agreement shall automatically terminate without notice and without any other action by either Party as if an Early Termination Date had been immediately declared prior to such Event of Default. Regardless of whether an Early Termination Date is declared, if an ** Material has been omitted pursuant to a request to the Commission for confidential treatment and has been filed separately with the Commission. Event of Default shall have occurred, the Non-Defaulting Party shall be entitled to exercise any remedy available at law or equity consistent with Article 10 to recover its damages, including attorneys' fees, resulting from any Event of Default.