Event of Default and Termination. 15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30-day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as follows:
15.2.1. By the Federal Awarding Agency or Pass-through Entity, if a Non-Federal Entity fails to comply with the terms and conditions of a Federal Award;
15.2.2. By the Federal awarding agency or Pass-through Entity, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities;
15.2.3. By the Federal awarding agency or Pass-through Entity with the consent of the Non-Federal Entity, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated;
15.2.4. By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass- through Entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal Awarding Agency or Pass-through Entity determines in the case of partial termination that the reduced or modified portion of the Federal Award or Subaward will not accomplish the purposes for which the Federal Award was made, the Federal Awarding Agency or Pass-through Entity may terminate the Federal Award in its entirety; or
15.2.5. By the Federal Awarding Agency or Pass-through Entity pursuant to termination provisions included in the Federal Award. EXHIBIT O AGREEMENT WITH SUBSUBRECIPIENT OF FEDERAL RECOVERY FUNDS
Event of Default and Termination. Failure to comply with these Federal Provisions shall constitute an event of default under the Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30-day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Grant, at law or in equity. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as follows: By the Federal Awarding Agency or Pass-through Entity, if a Non-Federal Entity fails to comply with the terms and conditions of a Federal Award; By the Federal awarding agency or Pass-through Entity, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities; By the Federal awarding agency or Pass-through Entity with the consent of the Non-Federal Entity, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass-through Entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal Awarding Agency or Pass-through Entity determines in the case of partial termination that the reduced or modified portion of the Federal Award or Subaward will not accomplish the purposes for which the Federal Award was made, the Federal Awarding Agency or Pass-through Entity may terminate the Federal Award in its entirety; or By the Federal Awarding Agency or Pass-through Entity pursuant to termination provisions included in the Federal Award. Pursuant to § 00-00-000, C.R.S., I hereby certify under the penalty of perjury that I have not and will not use or disclose any Personal Identifying Information, as defined by § 24-74-102(1), C.R.S., for the purpose of investigating for, participating in, cooperating with, or assisting Federal Immigration Enforcement, including the enforcement of civil immigration laws, and the Illegal Immigration and Immigrant Responsibility Act, which is codified at 8 U.S.C. §§ 1325 and 1326, unless required to do so to comply with Federal or State law, or to comply with a court-issued subpoena, warrant or order. Signature: __________________________ Printed Name: ________________...
Event of Default and Termination. 14.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Contract/Grant and the State of Colorado may terminate the Contract/Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30-day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Contract/Grant, at law or in equity.
Event of Default and Termination. If any other Event of Default occurs other than specified in 21.3., this Agreement may be terminated by Payment World giving at least 10 days notice to You, and upon such notice all amounts payable hereunder shall be due and payable on demand.
Event of Default and Termination. 11.1.1 Upon an Event of Default, Landlord may immediately terminate this Lease Agreement and any of Tenant’s interests under this Agreement and may exercise all available remedies against Tenant available at law or in equity.
11.1.2 Upon termination of this Lease Agreement for an Event of Default or for any other reason with the exception of the happening of the events set forth in Section 3.2, Tenant will remain liable to Landlord for damages in an amount equal to the Rent and other amounts that would have been owing by Tenant under this Lease Agreement for the balance of the Lease Term less the proceeds, if any, from Landlord’s re-letting of the Premises subsequent to the termination after Landlord’s re-letting expenses are subtracted from the re-letting net proceeds. Such damages are calculated as follows: Tenant Damages Owed Landlord = [Rent/Owed Amounts for Lease Balance] – [Re-Letting Net Proceeds] – [Re-Letting Expenses]
11.1.3 Upon termination of this Lease Agreement for an Event of Default or any other reason, Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under this Lease Agreement or, alternatively, Landlord may accelerate Tenant’s obligations under the Lease Agreement and recover from Tenant:
11.1.3.1 unpaid rent which had been earned at the time of termination;
11.1.3.2 the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of rent loss which Tenant proves could reasonably have been avoided;
11.1.3.3 the amount by which the unpaid rent for the balance of the term of the Lease Agreement after the time of award exceeds the amount of rent loss that Tenant proves could reasonably be avoided; and
11.1.3.4 any other amount necessary to compensate Landlord for all proven detriment proximately caused by the Event of Default or Tenant’s failure to perform its obligations under the Lease Agreement, or which in the ordinary course would be likely to result from the Event of Default including without limitation Re-Letting Expenses as defined in this Lease Agreement.
Event of Default and Termination. Any representation or warranty made by Seller on the Quarterly Fuel Attestation that is false or misleading in any material respect when made shall be an Event of Default under Section 5.1(a)(ii) of the RAM PPA and shall be grounds for early termination of this Rider and the RAM PPA. Seller shall not have a right to cure this Event of Default.
Event of Default and Termination. Failure to comply with these Federal Provisions shall constitute an event of default under the Grant and the State of New Mexico may terminate the Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30-day notice period. This remedy will be in addition to any other remedy available to the State of New Mexico under the Grant, at law or in equity.
Event of Default and Termination. The following are justified termination events (“Event of Default”) in addition to those applicable laws:
(i) The substantial and repeated failures that amounts to a substantial failure in the proper performance of relevant obligations assumed by the Operator.
(ii) In the event that the annual availability of the Power Block is lower than the eighty five (85) percent, due to a reason attributable only and exclusively to the act or omission of the Operator in the opinion of the Technical Advisor.
(iii) In the event that the annual availability of the Parabolic Cylinder Collector Filed is lower than the ninety (90) percent, due to a reason attributable only and exclusively to the act or omission of the Operator in the opinion of the Technical Advisor.
(iv) In the event that the amount of penalties imposed to Operator exceeds the limit of the ten (10) percent of the Agreement Price.
(v) An unjustifiable delay of more than two (2) months in payment by Client of any amount due when it matures pursuant to this Agreement. In case of invoices disputed amounts, the Client has to identify the disputed ones and pay the other.
(vi) In the event of the Force Majeure Event or Chance or Act of Nature occur and it lasts for a continuous period six (6) months or more. Upon the occurrence of any Event of Default except by reason of (vi), or at any time thereafter while such Event of Default subsists, the non-defaulting Party may require the defaulting Party, by written notice, to cure such Event of Default within thirty (30) Business Days after the notification date. If such Event of Default is not cured in that period by the defaulting party , the non-defaulting Party may terminate this Agreement thirty (30) Business Days after giving an intention to terminate written notice to the defaulting Party. In the aforementioned events except by reason of (vi), the non-breaching Party will be entitled to demand the strict compliance of the Agreement or, at its choice, to terminate the Agreement with interests and compensation for damages. The rights of the non-breaching party under this clause shall be without prejudice to any claim that the non-breaching party may have against the breaching party for damages. If the Agreement is terminated by reason of (vi), the Client shall pay to the Operator the amounts for the Services performed up to the date of commence of Force Majoure Event plus those safeguard costs according to Part H Clause 8 of this Agreement, less those already paid ...
Event of Default and Termination. The Customer’s failure to pay any amount due under this Agreement, or breach of any other obligation herein shall constitute an Event of Default. Upon an Event of Default, SBS may, in its discretion take any one or more of the following actions: (i) cease performing all Maintenance or any other services under this Agreement; (ii) furnish Maintenance or service upon a prepaid, “Per Call” basis; and/or (iii) terminate this Agreement. Customer shall be obligated to pay any amounts due and owing to SBS within (10) ten days of the expiration or termination of this Agreement. Customer, upon payment of all such amounts due, shall thereafter have no further liability or obligation to SBS whatsoever for any further fees or expenses arising hereunder. In the event SBS terminates this Agreement because of the breach of Customer, SBS shall be entitled to payment for work in progress plus reimbursement for out- of-pocket expenses.
Event of Default and Termination. 10.1 There shall be an Event of Default if:
(a) the FGN fails to deliver the Trust Assets to the SPV in accordance with the Milestone Schedule;
(b) the FMW&H breaches any of the covenants made under this Agreement; or
(c) there is total interruption or cessation of the Road Construction Works.
10.2 Upon the occurrence of an Event of Default, the SPV shall give the FMW&H, not less than twenty-one (21) days’ notice to remedy the defect. Where the FGN is unable to remedy the Event of Default within twenty-one (21) days, it shall notify the SPV and also show evidence to the satisfaction of the SPV that it has commenced steps towards remedying the Event of Default.
10.3 The SPV may, without prejudice to Clause 10.2 above, in an Event of Default due to the fault of FMW&H or the FGN, demand that future disbursements in relation to the affected Road Construction Work be ceased.
10.4 Where an Event of Default occurs in relation to only one Road Construction Work, the SPV may without prejudice to any other rights available to it, declare this Agreement terminated to the extent applicable to that Road Construction Work.
10.5 The SPV may without prejudice to any of its other rights, at any time after the happening of a General Event of Default which is not remedied by the FGN in accordance with Clause 10.2 above, by notice to the FMW&H declare that:
(a) the obligation of the SPV under this Agreement shall be terminated forthwith; and/or
(b) the entire amount of the disbursements or such part thereof along with all other costs, charges, expenses and damages etc. and any other amounts disbursed (in accordance with Clause 4) pursuant to and under this Agreement shall forthwith become due and refundable. In arriving at the amount of the said disbursement due and refundable, a joint measurement shall be carried out to determine the final amount by the authorised representatives/engineers of the SPV and the FMW&H. For the purpose of this Clause 10.5, a General Event of Default shall occur if an Event of Default specified in Clause 10.1 (a) - (c) occurs in relation to 50% or more of the Contracts.