MODIFICATION OR TERMINATION OF AGREEMENT. This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto; provided, however, that the Company may modify or amend this Agreement without the written consent of the Grantee to the extent that such action (i) does not materially impair the Grantee’s rights or (ii) is necessary for compliance with an applicable law, regulation or exchange requirement that impacts this Agreement. No waiver by either party hereto of any breach by the other party hereto of any provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions at the time or at any prior or subsequent time.
MODIFICATION OR TERMINATION OF AGREEMENT. 15.01 Except, where otherwise specifically provided in this Agreement and only to the extent so provided, all previous communications between the parties to this Agreement, either oral or written, with reference to the subject matter of this Agreement, are hereby abrogated and this Agreement shall constitute the sole and complete agreement of the parties hereto in respect of the matters herein set forth.
15.02 At any time during the currency of this Agreement, the Customer may terminate it by giving to Hydro two years previous notice in writing of its intention so to do.
15.03 Any amendment, change or modification of this Agreement shall be binding upon the parties hereto or either of them only if such amendment, change or modification is in writing and is executed by each of the parties to this Agreement by its duly authorized officers or agents and in accordance with its regulations or by-laws.
15.04 Subject to Article 10, if the Customer voluntarily or forcibly abandons its operations, commits an act of bankruptcy or liquidates its assets, then, there shall, forthwith, become due and payable to Hydro by the Customer, as stipulated and liquidated damages without burden or proof thereof, a lump sum equal to:
(a) 0.85 of its then current Billing Demand for Firm Power, at the Firm Power Demand rate, multiplied by 24; plus
(b) the remaining net book value of Specifically Assigned Plant, less its salvage value.
MODIFICATION OR TERMINATION OF AGREEMENT. This Agreement may not be modified or terminated orally. No modification or termination or attempted waiver shall be valid unless in writing, signed by the party against whom the same is sought to be enforced. The agreements, warranties and representations contained in this Agreement shall survive and remain in full force and effect following the termination of this Agreement.
MODIFICATION OR TERMINATION OF AGREEMENT. 5.01 This Agreement may be modified from time to time by mutual written agreement that is executed by Workforce Alliance and CEOB.
5.02 Neither party shall be liable for any delay in or inability to perform its obligations hereunder if immediate notice is given and if the delay or inability to perform is due to any event beyond the reasonable control of such party such as but not limited to acts of God, fire, flood, storm, explosion, riot, war or strike or any other circumstance of a like or different nature.
5.03 This Agreement shall be governed by the laws of the State of Kansas as to interpretation and performance.
5.04 In any case of an inconsistency between any provision of this Agreement and any provision or section of an applicable Federal, State or County rule, regulation or law, then the applicable Federal, State, or County rule, regulation or law shall supersede and control the conflicting provision of this Agreement.
MODIFICATION OR TERMINATION OF AGREEMENT a. This Agreement shall terminate at the discretion of either GTL or Class Plaintiffs, through Plaintiffs’ Counsel, if: (1) the Court, or any appellate court(s), rejects, modifies, or denies approval of any portion of this Agreement or the proposed Settlement that results in a modification to a material term of the proposed Settlement, including, without limitation, the amount and terms of relief, the obligations of the Parties, the findings or conclusions of the Court, the provisions relating to notice, the definition of the class, the release, and/or the terms of the releases; or (2) the Court, or any appellate court(s), does not enter or completely affirm, or alters, narrows or expands, any portion of the Final Approval and Final Judgment (as provided in Section 7), or any of the Court’s findings of fact or conclusions of law, that results in a modification to a material term of the proposed Settlement. The terminating Party must exercise the option to withdraw from and terminate this Agreement, as provided in this Section 18.a., by a signed writing served on the other Parties no later than twenty (20) days after receiving notice of the event prompting the termination.
b. If, but only if, this Agreement is terminated pursuant to Section 18.1. above, then:
i. This Agreement shall be null and void and shall have no force or effect, and no Party to this Agreement shall be bound by any of its terms, except for the terms of Section 18.b. herein;
ii. The Parties will petition the Court to have any stay orders entered pursuant to this Agreement lifted;
iii. All of the Agreement’s provisions, and all negotiations, statements, and proceedings relating to it, shall be without prejudice to the rights of the Released Parties, Class Plaintiffs or any Class Member, all of whom shall be restored to their respective positions existing immediately before the execution of this Agreement;
iv. The Released Parties expressly and affirmatively reserve and do not waive all motions and positions as to, arguments in support of, and substantive and procedural rights as to all defenses to the causes of action or remedies that have been sought or might be later asserted in the actions, including without limitation, any argument or position opposing class certification, liability or damages;
v. Neither this Agreement, the fact of its having been made, nor the negotiations leading to it, nor any action taken by a Party or Class Member pursuant to this Agreement shall be admissible o...
MODIFICATION OR TERMINATION OF AGREEMENT. 11.1 During the term of this Agreement, should Party A make any business provision, management measure, quality standard and/or client service standard relating to the Mobile Value-added Services, such provision and standard shall be deemed as a part of the covenants hereof with which both Parties shall comply. In case of any conflicts between such provision and/or standard and the provisions hereof, such provision, measure and/or standard shall prevail, except for the provisions with respect to defaults; provided, however, that except for cases that both Parties consider, through consultation, to be applicable to this Agreement or otherwise enter into a separate agreement if necessary in relation to such conflicts.
11.2 In the event that either Party desires to alter or amend this Agreement, such Party shall notify in writing the other Party thereof with 15 days in advance. Parties shall alter or amend this Agreement in writing through negotiation.
11.3 Except as expressly provided herein, during the performance this Agreement, neither Party may, without the prior written consent of the other Party, suspend or terminate the performance hereof or unilaterally cancel this Agreement.
11.4 Any failure of one Party to operate or smoothly conduct the Mobile Value-added Services hereunder shall, as a result of non-performance of its duties or obligations hereunder or otherwise material breach of provisions herein by the other Party, be deemed as the defaulting Party’s unilateral termination of this Agreement, and the non-defaulting Party shall have the right to lodge a claim to the defaulting Party for economic losses suffered by it as a result thereof and cancel this Agreement.
11.5 Amendment or termination hereof as a result of Party B’s qualification for cooperation: In the event that Party B has any of the following behaviors, this Agreement shall be automatically terminated:
(1) transfer, without Party A’s approval, such resources as service number, trunk line, digital URL, etc that Party B has obtained from Party A;
(2) conduct business beyond its physical boundary and business scope as provided in its qualification license;
(3) provide, without qualification license granted by competent State authorities, content and category of services requiring such qualification license;
(4) provide false copyright and/or qualification license;
(5) engage in other unauthorized services or provide content in violation of the requirements of relevant competent authoriti...
MODIFICATION OR TERMINATION OF AGREEMENT. 10.1 During the cooperation between Party A and Party B, the administration regulations with respect to the Mobile Data Service or other related administration regulations on client services of Party A shall, if formulated, be taken as a supplement hereto. In the case of any conflicts between the above administration regulations and this Agreement, the administration regulations shall prevail. Party A and Party B may negotiate the conflicting provisions and execute a supplemental agreement for amendment.
10.2 In the event of any modification or amendment of this Agreement by a party, such party shall give 15-day prior written notice to the other party. The Parties hereto shall modify or amend this Agreement in writing through negotiation.
10.3 If a party fails to perform its liabilities and obligations hereunder, or seriously violates the requirements of this Agreement, thereby resulting in the failure of the other party to carry out or continue its cooperation on the mobile data value-added service under this Agreement, it shall be deemed as the termination of this Agreement unilaterally by the defaulting party. The non-defaulting party shall be entitled to make claims against the defaulting party for any economic losses arising from its breach and rescind this Agreement.
10.4 In the case of the termination of its service for any reason, Party B shall have an obligation to notify Party A in writing at least 1 month prior thereto, and provide the Grace Period for Withdrawal of Service for 1 to 3 months, during which Party B shall continue to provide the services to the Subscribers and post an announcement in respect of the termination of service on its website (Web/WAP) or other channels.
MODIFICATION OR TERMINATION OF AGREEMENT. The Commonwealth agrees to provide notice to CMS of any State Plan or waiver changes that may have an impact on the Demonstration.
1. Modification of this Agreement: Either CMS or the Commonwealth may seek to modify or amend the MOU per a written request and subject to requirements set forth in Section 1115A(b)(3) of the Social Security Act such as ensuring the Demonstration is improving the quality of care without increasing spending; reducing spending without reducing the quality of care; or improving the quality and care and reducing
2. Termination of this Agreement is allowed under the following circumstances:
a. Termination without cause - Except as otherwise permitted below, a termination of this MOU by CMS or the Commonwealth for any reason will require that CMS or the Commonwealth provides a minimum of 90-day advance notice to the other party, 90- day advance notice to the Participating Plans, and 60-day advance notice to Enrollees and the general public. During the advance notice period, all Enrollees must be successfully enrolled in a Part D plan prior to termination of the Demonstration.
b. Termination pursuant to Social Security Act § 1115A(b)(3)(B).
MODIFICATION OR TERMINATION OF AGREEMENT. Except as provided for in Section 6, this Agreement cannot be modified or terminated by either Party unless in writing. Trainer shall have the right to terminate this Agreement upon written notice to Owner. In the event Trainer terminates this Agreement for reasons
MODIFICATION OR TERMINATION OF AGREEMENT. The State agrees to provide notice to CMS of any State Plan or waiver changes that may have an impact on the Demonstration. Additionally, the terms of this MOU shall continue to apply to the State as it implements associated phase-out activities beyond the end of the Demonstration period.
