Enforcement and Termination. In the event of any default by Tenant, Landlord reserves the right, in addition to all other rights and remedies available to Landlord, to cut off and discontinue, without notice or liability to Tenant, any utilities or services provided in accordance with the provisions of this Article VII. Landlord shall not be liable to Tenant in damages or otherwise if any utilities or services, whether or not furnished by Landlord hereunder, are interrupted or terminated because of repairs, installation or improvements, or any cause beyond Landlord’s reasonable control, nor shall any such termination relieve Tenant of any of its obligations under this Lease. Tenant shall operate the Premises in such a way as shall not waste fuel, energy, or natural resources. Tenant shall cooperate with Landlord’s reasonable directives to reduce energy consumption, including installation of new energy efficient equipment or the modification or replacement of existing equipment, as the case may be. If any governmental authority shall order mandatory energy conservation or if Landlord elects voluntarily to cooperate in energy conservation at the request of any governmental authority, including, without limitation, a reduction in operating hours or lighting usage, then Tenant shall comply with such requirements. Landlord may cease to furnish any one or more of said utilities or services to Tenant without liability for the same, and no discontinuance of any utilities or services shall constitute a constructive eviction.
Enforcement and Termination. A. Notice Prior to Judicial Action. With the exception of conditions or practices that pose an immediate and serious threat to the life, health, or safety of a Child, if the United States believes that JCMSC has failed to substantially comply with any obligation under this Agreement, the United States shall give thirty (30) days written notice of the failure and an opportunity to take immediate steps to attain substantial compliance prior to seeking judicial enforcement of the Agreement. If the change requires approval from SCG and/or the County legislative body, the United States shall give forty-five (45) days written notice of the failure and an opportunity to take immediate steps to attain substantial compliance prior to seeking judicial enforcement of the Agreement.
Enforcement and Termination. Those bilateral specifications shall enter into force as provided for by Provision 20 of the Agreement.
Enforcement and Termination. The United States will file a Complaint in the District Court for the District of South Carolina, based upon the February 2020 and April 2022 Notices. The Parties agree simultaneously to file this Agreement as an exhibit to a joint motion to dismiss the United States’ Complaint, pursuant to Fed. R. Civ. P. 41(a)(2), subject to reinstatement upon the United States’ motion for the purpose of resolving a claim that DJJ materially breached any provision of the Agreement. The motion to dismiss the Complaint shall request that the Court retain jurisdiction to resolve any dispute under the Agreement. 128. Should the United States move to restore the Complaint to the active docket of the Court for purposes of resolution of a claim of breach, DJJ consents to and agrees not to contest the United States’ motion to restore.
Enforcement and Termination. We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time. All grants of any rights from you to us related to Content or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.
Enforcement and Termination. Review and Implementation of Policies, Procedures, and Programs
Enforcement and Termination. 127. The United States will file a Complaint in the District Court for the Middle District of Louisiana, based upon the findings in its letter to the Governor dated December 21, 2016. The Parties agree simultaneously to file this Agreement as an exhibit to a joint motion to dismiss the United States’ Complaint, pursuant to Fed. R. Civ. P. 41(a)(2), subject to reinstatement upon the United States’ motion for the purpose of resolving a claim that the State materially breached any provision of the Agreement. The motion to dismiss the Complaint shall request that the Court retain jurisdiction to resolve any dispute under the Agreement. 128. Should the United States move to restore the Complaint to the active docket of the Court for purposes of resolution of a claim of breach, the State consents to and agrees not to contest the United States’ motion to restore, and consents to and agrees not to contest the exercise of personal jurisdiction over the State by the Court.
Enforcement and Termination. Those bilateral specifications shall enter into force as provided for by Provision 20 of the Agreement. Those bilateral transferring specifications shall only terminate in the form as requested by Provision 20 of the Agreement. By [Transferring DGS ] Authorized Representative Name: By: [Receiving DGS] Authorized Representative Name: Title: Date: Title: Date: SCHEDULE 4: BILATERAL LENDING SPECIFICATIONS UNDER THE COOPERATION AGREEMENT ON DEPOSIT GUARANTEE SCHEMES (THE “AGREEMENT”)
Enforcement and Termination. If the State fails to comply with the provisions in the agreement, the Parties agree to engage in good faith discussions to resolve the breach within 60 days.
Enforcement and Termination. In addition to all other rights and powers retained by the City under this Agreement or otherwise, the City reserves the right to order C Spire to forfeit this Agreement and to terminate the Agreement and all rights and privileges of C Spire hereunder in the event of an uncured substantial breach of the terms and conditions of this Agreement following the required 60-day period to cure. A substantial breach by C Spire shall include, but shall not be limited to the following:
(a) Violation of any material provision of the Agreement or any material rule, order, regulation or determination of the City made pursuant to the Agreement. For the purposes of this section a material provision shall be deemed to be any provision on which the City in good faith relied in awarding the Agreement and that is not of a de minimis nature, de minimis meaning of insignificant or no material effect on the City, its residents or a subscriber(s);
i. Any attempt to evade any material provision of the Agreement;
ii. Any attempt to practice any fraud or deceit upon the City or its subscribers or customers;
iii. Failure to restore service after one hundred sixty-eight (168) consecutive hours of interrupted service, except when approval of such interruption is obtained from the City; or
iv. Material misrepresentation of fact in the application for or negotiation of the Agreement or for any report provided under this Agreement or applicable law, rule or regulation.
(b) As an alternative to the revocation of this Agreement or the imposition or assessment of penalties or the pursuit of other remedies available to the City at law or tort, or as a means of reducing or not imposing or pursuing the maximum permissible penalties in the event such would jeopardize the financial efficacy of the operation or otherwise not be deemed to be in the City's or the public's interest, and based on reasonable evidence of a pattern of or repeated non-compliance or attempted or actual evasion or avoidance of the requirements of applicable laws, codes, ordinances, rules or regulations by a System Owner or Service Provider, the City may cause C Spire to enter into an IPSIG (Independent Private Sector Inspector General) agreement as permitted under the Federal Sentencing Guidelines. The purpose of an IPSIG agreement would be to substitute a program of monitoring to ensure future compliance, to deter, prevent and uncover and report any impermissible or illegal activity or conduct and to assist in the developm...
