Expiration or Termination of Agreement. 9.1 In the event that GameTek materially breaches this Agreement with respect to a Game Title hereunder and such breach is not cured within thirty (30) days after receipt of notice from Distributor of such breach, then, without in any way limiting any of Distributor's other rights and remedies in such event, and notwithstanding any provision to the contrary contained herein, Distributor shall have the right at its sole election to terminate this Agreement with respect to the affected Game Title to which GameTek's material breach relates, upon written notice to GameTek.
9.2 In the event Distributor fails to render any accounting or pay any monies owing to GameTek hereunder within ten (10) days of the date on which due (subject to reasonable events of force majeure), or if Distributor otherwise materially breaches this Agreement with respect to a Game Title hereunder and such breach is not cured within sixty (60) days after receipt of notice from GameTek of such breach, then without in any way limiting any of GameTek's other rights and remedies in such event, and notwithstanding any provision to the contrary contained herein, GameTek shall have the right at its sole election to terminate this Agreement.
9.3 If either party to this Agreement files a petition in bankruptcy or is adjudged a bankrupt, or if a petition in bankruptcy is filed against such party and is not dismissed with prejudice within ninety (90) days (the "bankrupt or insolvent party"), the other party shall have the right to terminate this Agreement, upon written notice to the bankrupt or insolvent party.
9.4 Upon any expiration or termination of this Agreement, all rights granted to Distributor herein shall immediately revert to GameTek, with the consequences described below. If the expiration or termination relates to less than all Game Titles covered hereby, then the provisions of this Section 10.4 shall relate only to such affected Game Titles:
(i) Distributor shall continue to satisfy all of its payment obligations then or at any time thereafter becoming due and payable;
(ii) GameTek shall thereafter be free to distribute or authorize others to distribute the affected Game Titles;
(iii) Distributor shall not thereafter advertise, distribute or sell Distributed Products incorporating the affected Game Titles, and will cease all display, advertising and use of related GameTek Property, except that Distributor may, if the termination of this Agreement was not by GameTek as a result of a brea...
Expiration or Termination of Agreement. This Agreement will expire ten (10) years after the Effective Date, without notice by or to, or action on the part of, the Parties. In addition, this Agreement shall be terminated at an earlier date upon the occurrence of any one of the following events:
(a) Greinke's death or permanent incapacity;
(b) A court determination that Greinke is incompetent;
(c) The mutual written consent of the Parties;
(d) SCOC sells or otherwise assigns any of the SCOC Shares to someone other than Greinke's spouse, a direct descendent of Greinke or his spouse, or a trust held for the exclusive benefit of Greinke, his spouse and/or his direct descendents; or
(e) The Corporation elects to convert its outstanding Series A Cumulative Convertible Redeemable Preferred Stock to common stock of the Corporation.
Expiration or Termination of Agreement. Upon expiration or termination of this Agreement, all rights granted to Licensee herein shall forthwith revert to Licensor with the following consequences:
(a) All unpaid royalties shall be due and payable in accordance with Section 6.1 hereof.
(b) Licensor shall thereafter be free to license others to use the Licensed Property in connection with the manufacture, advertisement, distribution and sale of items identical or similar to the Licensed Products in the Licensed Territory.
(c) In the event of termination or expiration of this Agreement, other than a termination by Licensor as a result of a material breach of this Agreement by Licensee, Licensee may continue to sell for a period of one hundred eighty (180) days after the effective date of termination all approved copies of the units of the Licensed Product produced prior thereto.
Expiration or Termination of Agreement. (A) The term of this Agreement shall expire upon the later to occur of the following events: (i) the expiration of the Non-Relocation Period; or (ii) repayment in full of the Loan in accordance with the terms hereof and in all other Project Documents.]
(B) Notwithstanding subsection (A) above, the Applicant may terminate this Agreement prior to the expiration of the Non-Relocation Period so long as it makes full repayment of the Funding, including any Forgiveness Credit provided hereunder, less payments of principal paid in respect of the Loan, plus liquidated damages equal to seven and one-half percent (7.5%) of the total amount of the Funding received, plus all costs and expenses related thereto.
(C) Notwithstanding any such expiration or termination of this Agreement, all indemnity rights set forth in Section 2.10(J) and elsewhere in this Agreement or in any of the other Project Documents shall survive such expiration or termination
Expiration or Termination of Agreement. 11.1 On the Expiration Date, this Agreement shall terminate unless previously terminated for default as provided below. Prior to the Expiration Date, Mitsukoshi and Tiffany-Japan shall meet and discuss arrangements which will permit continuing operations of Boutiques within the stores of Mitsukoshi on terms which are mutually acceptable to the parties and reflect then-current market rates for the services and facilities provided by Mitsukoshi.
11.2 The occurrence of any one or more of the following events(regardless of the reason therefor) shall constitute a default allowing the non-defaulting party to terminate this Agreement on written notice and/or to pursue other remedies available at law or otherwise under this Agreement (provided, however, that Mitsukoshi may not assert a default against any of its Affiliates or vice versa):
11.2.1 Any party shall fail to pay any monies due under this Agreement other than amounts disputed for bona fide reasons and the same shall not be paid within thirty (30) days after written notice from the party to whom such monies shall be due;
11.2.2 Any party shall fail or neglect to perform, keep, or observe any term, provision, condition, covenant, warranty or representation contained in this Agreement or in any other agreement, contract or undertaking contemplated under this Agreement and the same shall not be cured to the other party's satisfaction within thirty (30) days after written notice identifying such event or condition or, in the event such failure or neglect is not reasonably susceptible to cure within thirty (30) days, the party charged with such failure or neglect shall have further failed to commence cure and diligently proceed to completion of such cure;
11.2.3 The insolvency of any party(for this purpose, "insolvency" shall mean the inability to satisfy its debts as they come due);
Expiration or Termination of Agreement. After termination or expiration of the Agreement, Provider shall, at the sole discretion of HERE, either return to HERE all Personal Data processed under the Agreement, or delete or destroy the Personal Data, including existing copies, in accordance with data privacy requirements and HERE’s instructions. Provider shall certify its compliance with the foregoing. No further processing of HERE´s Personal Data is permitted. Any legal or contractual right of retention in relation to HERE’s Personal Data is hereby irrevocably waived as permitted by applicable law.
Expiration or Termination of Agreement. 16.1 TMA may terminate this Agreement with immediate effect by registered mail notice in any of the following circumstances:
(a) TRE defaults in due and punctual payment of any amount due to TMA pursuant to this Agreement for more than thirty (30) days after written notice of summons to pay from TMA;
(b) TRE is in breach of any other provision contained in this Agreement and such breach has not been remedied within thirty (30) days from TMA written notice;
(c) TRE is declared bankrupt or put under receivership;
(d) TRE or any of its employees deliberately make false statements in reports.
(e) If employees, officers or directors of TRE commit or are under formal investigation for allegedly having committed criminal acts or other acts of moral turpitude which could damage TMA’s reputation.
16.2 TRE may terminate this Agreement with immediate effect by registered mail notice in any of the following circumstances:
(a) TMA is in breach of any other provision contained in this Agreement and such breach has not been remedied within thirty (30) days from TRE written notice; especially for the breach of TMA’s obligation to license all the rights to TRE;
(b) TMA is declared bankrupt or put under receivership;
(c) If any dispute arises between any of the persons directly or indirectly interested in the management or shareholdership of TMA’s business which affects the business relationship between TRE and TMA;
(d) If employees, officers or directors of TMA commit or are under formal investigation for allegedly having committed criminal acts or other acts of moral turpitude which could damage TRE’s reputation.
16.3 In the event TMA commits a material breach of this Agreement, TMA shall reimburse TRE (i) 50% of the Localization costs expended to date of termination on “Articles” currently under development; (ii) 100% of the advance payment if termination date is within the Term of this Agreement. The remedies set out in this section 16.3 are in addition to and not instead of remedies provided by law.
16.4 In the event TRE does not commence the distribution or the sale of one licensed Article or one licensed format within the Territory twelve (12) months after the delivery of the gold master disk, TRE grants TMA the right to republish, manufacture, market, distribute, and sell the Article or the format that TRE failed to distribute in the Territory within the period mentioned above.
Expiration or Termination of Agreement. In the event of the expiration or termination of this Agreement in its entirety, each Party shall return or cause to be returned to the other Party, or destroy, all Confidential Information received from the other Party and all copies thereof; provided, however, that: (a) each Party may keep one (1) copy of Confidential Information received from the other Party in its confidential files for record purposes; and (b) each Party may retain any Confidential Information reasonably necessary to exercise any surviving rights in accordance with this Agreement.
Expiration or Termination of Agreement. 16.1 SSII may terminate this Agreement with immediate effect by registered mail notice in any of the following circumstances:
(a) TDK defaults in due and punctual payment of any amount due to SSII pursuant to this Agreement for more than thirty (30) days after written notice of summons to pay from SSII; (b) TDK is in breach of any other provision contained in this Agreement and such breach has not been remedied within thirty (30) days from SSII written notice;
Expiration or Termination of Agreement. Customer has the right to terminate this Agreement for its convenience upon written notice to Company on at least thirty (30) days prior notice. Upon any such termination prior to the fifth anniversary of the Residential Operation Date, Customer shall be responsible to pay a termination fee in an amount equal to the cost to uninstall, remove and redeploy the Equipment plus all outstanding Monthly Service Payments due and owing (collectively, the “Early Termination Cost”). Upon any such termination on or after the fifth anniversary of the Residential Operation Date, Customer shall elect to pay either (i) a termination fee in an amount equal to the Early Termination Cost or (ii) the remaining net book value of the Equipment to purchase the Equipment plus all outstanding Monthly Service Payments due and owing. Except in the case Customer elects option (ii) above, Company has the right, but not the obligation, to remove the Equipment for redeployment. The Company has the right to terminate this Agreement for its convenience upon written notice to Customer on at least thirty (30) days prior notice or as a result of FPSC actions or change in applicable laws, rules, regulations, ordinances or applicable permits of any federal, state or local authority, or of any agency thereof, that have the effect of terminating, limiting or otherwise prohibiting Company’s ability to provide the Service. Upon such termination, the Company may elect to remove the Equipment or leave the equipment and transfer title to the Customer at no charge.
