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 Take Two of such breach (in the case of any delay in receipt of final code approval from Nintendo for any Game Title, GameTek shall not be deemed to be in breach until the ninety (90) day period referred to in Section 5.1(d) has expired; however, GameTek shall have no further cure rights with respect thereto), then, without in any way limiting any of Take Two's other rights and remedies in such event, and notwithstanding any provision to the contrary contained herein, Take Two 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 (the "Termination Notice"). In such event, and without in any way limiting any of Take Two's rights and remedies, and notwithstanding any provision to the contrary contained herein, but only with respect to the affected Game Title which is the subject of the Termination Notice, GameTek shall pay to Take Two an amount equal to any unrecouped portion of the Guaranty allocable to such Game Title (as set forth on Schedule "A") and theretofore paid by Take Two to GameTek hereunder. All such amounts as described above may be deducted from payments to be made to GameTek hereunder, or Take Two shall have the option to require that GameTek repay to Take Two any such amount owed pursuant hereto, which GameTek shall do within thirty (30) days following Take Two's written request therefor. In addition, if so requested by Take Two, GameTek shall purchase from Take Two all remaining inventory with respect to the affected Game Title at Take Two's cost, and Take Two shall deliver such inventory to a location or locations designated by GameTek upon Take Two's receipt of such purchase price. Payment of any amount owing to Take Two hereunder shall be made within thirty (30) days of Take Two's invoice therefor.
9.2 In the event Take Two fails to render any accounting or pay any monies owing to GameTek hereunder or if Take Two otherwise materially breaches this Agreement with respect to a Game Title hereunder and such breach is not cured within thirty (30) days (in the case of a payment default, within two (2) business days after notice of default) after receipt of notice from GameTek of such breach, then without in any way limiting any of ...
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. 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. (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. 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. 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. This Agreement shall expire or terminate on the date specified in Attachment A. Company shall promptly destroy or return Software to E&S and furnish to E&S a certificate signed by an officer of Company stating that Software has been destroyed or returned to E&S.
Expiration or Termination of Agreement. Upon the expiration of this Agreement, or any early termination of this Agreement by the Company (other than termination of Consultant under Section 5(ii)(B) or (C) below), Consultant shall have the right (subject to the terms of the policy) to assume ownership of the Policy (or cause a party or entity nominated by Consultant and eligible under the Policy and applicable law) to assume ownership of the Policy by assuming the subsequent premium payment obligations therefor and making arrangements for the repayment of Company Paid Premiums as provided in Section 3(f) below.
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);
