Licensee Early Termination Rights. Licensee may terminate this Agreement at any time on thirty (30) calendar days’ written notice to Trustees, if, prior to the Licensee’s commencement of construction of the System, Licensee determines, in its sole discretion, that the System cannot be built as planned or that its construction and operation would not be economically viable for the Licensee. Notwithstanding anything in this Agreement to the contrary, Licensee’s prior inspection of the Site, including as provided in Sections 3.2 (No Warranties) and 8.10 (Licensee’s Access and Inspection), shall in no way limit Licensee’s right to terminate this Agreement pursuant to this Section 16.4. In the event that Licensee terminates this Agreement pursuant to this section, neither Party shall be in default solely as a result of Licensee’s election to terminate hereunder, Licensee shall fulfill its obligations under Section 13.1 (System Removal) Trustees shall not pay a Termination Fee, and Trustees shall not refund any Transaction Fee already received.
Appears in 4 contracts
Samples: License and Services Agreement, License and Services Agreement, License and Services Agreement
