In Part. Subject to paragraph 3.10 [Subcontracts] with respect to subcontracting, Contractor may assign particular rights or delegate particular duties under the Contract, but shall obtain Procurement Officer’s written consent before doing so. Procurement Officer shall not unreasonably withhold consent so long as the proposed assignment or delegation does not attempt to modify the Contract in any way or to alter or impair State’s rights or remedies under the Contract or laws.
In Part. In the event the District prepays less than all of the remaining principal components of the Lease Payments pursuant to Section 10.3 hereof (from cash or other legally available moneys deposited by the District), the amount of such prepayment shall be applied to reduce the principal components of the remaining Lease Payments in a manner that corresponds to the resulting prepayment of principal with respect to the Certificates as determined in the Trust Agreement.
In Part. In the event the City prepays less than all of the remaining principal portion of the Lease Payments pursuant to Section 10.2 or 10.3 hereof, the amount of such prepayment shall be applied to reduce the principal portion of the remaining Lease Payments corresponding to the resulting prepayment of the principal portion with respect to the Bonds, and the City shall provide the Trustee with an amended Exhibit B reflecting the new schedule of Lease Payments. SUBSTITUTION OF PROPERTY
In Part. This Warrant may also be redeemed in part, from time to time by the Company (a "Partial Redemption"), upon the following terms and conditions:
(i) Each Partial Redemption shall require at least five (5) Trading Days' advance written notice to the Holder, specifying the date on which such Partial Redemption shall occur (the "Partial Redemption Date") and the number of Warrants to be redeemed. The Holder shall be entitled to exercise the Warrants to be redeemed until 5:00 pm Eastern time on the date specified in such notice as the redemption date, following the procedures set forth in the Escrow Agreement. The date that notice of a Partial Redemption is given is referred to herein as a "Partial Redemption Notice Date."
(ii) No Partial Redemption may be made when the Market Price of the Company's Common Stock (as defined in the Agreement) is less than $2.00.
(iii) No Partial Redemption may be made at any time when the Principal Market for the Common Stock is the OTC Bulletin Board sponsored by Nasdaq.
(iv) No Partial Redemption may be made unless there is an effective registration statement on the effective date of such Partial Redemption which will permit the immediate resale by the Holder of the Warrant Shares to be issued upon exercise of this Warrant.
(v) No Partial Redemption Date shall occur within twenty (20) Trading Days of any other Partial Redemption Date.
(vi) No Partial Redemption shall be for a portion of the Warrant representing a number of Warrant Shares, the aggregate Exercise Price of which (determined as of the Partial Redemption Notice Date) is less than One Hundred Thousand Dollars ($100,000) nor more than the number of Warrant Shares whose aggregate Exercise Price is determined by the following formula:
In Part. The termination liability charge for a given Payload that represents a mission over and above the annual guaranteed mission quantity and for which a Mission Specific Exhibit was previously added to the Agreement shall be the pro-rated share of the Mission Services Fee applicable for that particular Payload based on the portion of the contracted Occupancy Period elapsed as of the date Customer vacates the Astrotech Facility, computed on a daily basis, but not less than five percent (5%) of the Mission Services Fee for that Payload, plus any additional charges agreed to or otherwise due and payable under this Agreement as of the date Customer vacates the Astrotech Facility. The minimum 5% termination fee also applies if termination by LMCLS occurs after the effective date of the Mission Exhibit but prior to the start of the Facility Occupancy Period for the Payload. For a Payload that is one of the guaranteed minimum missions for a particular calendar year, the termination charge shall equal the full amount of the applicable Mission Services Fee. The Facility Services Fee, as defined in Section 9.1.1, is not affected by a Termination for Convenience in Part by LMCLS and remains payable to Astrotech per the terms of this Agreement.
In Part. LMCLS shall only have the right to terminate in part for cause its obligation to obtain Astrotech services under CLIN 1 and/or CLIN 2 of this Agreement in the event that (i) Astrotech fails to meet a material provision of this Agreement for a particular Payload for which a Mission Exhibit has been executed, and such failure continues without identification and initiation of mutually-acceptable corrective action, acceptance of which by LMCLS shall not be unreasonably withheld, for thirty (30) days following first written notification to Astrotech and to Astrotech’s lender by LMCLS indicating such failure and that LMCLS intends to terminate its use of Astrotech services for the particular Payload affected by the identified Astrotech failure, or (ii) Astrotech fails to meet a material provision of this Agreement relative to the readiness of the Facility and/or Services required to support payload processing operations under this Agreement, and such failure or failures continues without identification and initiation of mutually-acceptable corrective action, acceptance of which by LMCLS shall not be unreasonably withheld, for thirty (30) days following written notification to Astrotech and to Astrotech’s lender by LMCLS indicating such failure and that LMCLS intends to terminate this Agreement in part for cause, or (iii) Astrotech is unable to adequately satisfy an essential mission requirement for a particular Payload and Astrotech so acknowledges in writing within thirty (30) days following written notification to Astrotech by LMCLS citing such inability, which acknowledgment shall not be unreasonably withheld by Astrotech. Upon exercising its rights to terminate in part under
1.2.1 LMCLS shall provide a second written notification to Astrotech and to Astrotech’s lender documenting the termination in part for cause with reference to the particular affected Payload if applicable.
In Part. In the event the Lessee prepays less than all of the remaining Principal Components of the Lease Payments pursuant to this Section or from Net Insurance and Condemnation Proceeds pursuant to Section 10.2, or pursuant to Section 10.3, the amount of such prepayment shall be applied proportionately over the remaining Term to reduce the Principal Components of the Lease Payments. Upon prepayment the Authorized Signatory of the Lessee shall prepare (or cause to be prepared) a revised schedule of Lease Payments which schedule shall take into account such prepayment and shall be and become for all purposes thereafter Exhibit A attached hereto.
In Part. The termination liability charge for a given Payload that represents a mission over and above the annual guaranteed mission quantity of four per year shall be the pro-rated share of the Service Fee applicable for that particular Payload based on the portion of the contracted Occupancy Period elapsed as of the date Customer vacates the Astrotech Facility, computed on a daily basis, but not less than five percent (5%) of the Service Fee for that Payload, plus any additional charges agreed to or otherwise due and payable under this Agreement as of the date Customer vacates the Astrotech Facility. The minimum 5% termination fee also applies if termination by LMCLS occurs prior to the start of the Facility Occupancy Period for the Payload. For a Payload that is one of the guaranteed minimum missions for a particular calendar year, the termination charge shall equal the full amount of the applicable Servce Fee.
In Part. Except as provided herein this Part and replaces any and terms, conditions and benefits of employment set out The provisions of Article shall apply.
In Part. In the event the Lessee prepays less than all of the remaining Principal Components of the Lease Payments pursuant to this Section or from Net Insurance Proceeds pursuant to Section 10.2, the amount of such prepayment shall be applied to reduce the Principal Components of the remaining Lease Payments as directed in writing by the Lessee, corresponding to the resulting prepayment of principal with respect to the Certificates. Furthermore, delinquent Lease Payments shall be made to the Trustee for application in accordance with the Trust Agreement.
