Mutual Termination Right. Notwithstanding anything to the contrary contained in Section 14.1, if the Music Hall, the 1270 Space, the 50 Rock Space or the Retail Space is substantially damaged or is rendered wholly or substantially untenantable and an independent architect or engineer selected by Landlord shall determine, as evidenced by a written opinion which Landlord agrees shall be delivered to Tenant within 90 days after such damage (the “Restoration Opinion”), that the restoration of any of the same to substantially its condition prior to such damage shall require more than (a) with respect to the Music Hall, 36 months and (b) with respect to the Ancillary Space, 18 months, to complete (including the time necessary to obtain all necessary approvals from the Commission, Landlord hereby agreeing to diligently pursue the receipt of any such approvals and Tenant agreeing to cooperate in all reasonable respects in connection with such pursuit), Landlord or Tenant may, not later than 30 days following the date of receipt of the Restoration Opinion, (i) with respect to the 1270 Space, the 50 Rock Space or the Retail Space, give the other party a notice terminating the Lease with respect to the 1270 Space, the 50 Rock Space or the Retail Space, whichever of such space is substantially damaged or (ii) with respect to the Music Hall, give the other party a notice terminating the Lease. If this Lease (or any portion thereof) is terminated pursuant to this Section 14.2 or Section 14.3, (i) the Term (insofar as it relates to the portion of the Premises as to which the Lease is being terminated) shall expire upon the date set forth in the applicable notice of termination, which shall not be less than 30 days after such notice is given, and Tenant shall vacate the Premises (or the applicable portion thereof) and surrender the same to Landlord no later than the date set forth in the notice, (ii) Tenant’s liability for Rent with respect to the applicable portion of the Premises shall cease as of the date of the damage, (iii) any prepaid Rent with respect to the applicable portion of the Premises for any period after the date of the damage shall be refunded by Landlord to Tenant and (iv) an appropriate final reconciliation shall be made of Percentage Rent for the Computation Year in which such termination occurred within 30 days following such termination. Notwithstanding the foregoing, Landlord shall not exercise the termination right set forth in this Section 14.2 if, as part of Landlord’s re...
Mutual Termination Right. The Executive may terminate the ------------------------ Executive's employment hereunder, or the Company may terminate the Executives's employment hereunder, in the event of the failure of the Company to achieve the Cash Flow Target for 1998, subject to any Adjustments.
Mutual Termination Right. The Parties may terminate this Agreement at any time upon mutual written agreement of termination.
Mutual Termination Right. The Parties may terminate this ISH Unwind Agreement at any time by mutual written consent;
Mutual Termination Right. A Party may at any time, by no less than thirty (30) days’ notice in writing to the other Party, terminate this Agreement.
Mutual Termination Right. If the entire Building, or such portion of the Premises or the common areas of the Building or the Property as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant’s purposes, shall be taken by condemnation or right of eminent domain (a “Taking”), Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof.
Mutual Termination Right. Notwithstanding anything to the contrary herein, in the event that the Company does not consummate an IPO on or before September 30, 2010, then either party shall have the right to terminate this Agreement by giving written notice to the other party on or before December 31, 2010. Any such termination under this Section 16 shall not trigger any rights to or eligibility for severance.
Mutual Termination Right. This Agreement may he terminated by either party under any of the following conditions:
Mutual Termination Right. Either Party may immediately terminate this Agreement, upon written notice to the other Party, if such other Party is subject to proceedings in bankruptcy or insolvency, voluntarily or involuntarily, which are not dismissed within [***], if a receiver is appointed with or without the other Party’s consent, if the other Party makes an assignment for the benefit of its creditors, or performs any other act of bankruptcy or if the other Party becomes insolvent and cannot pay its debts when they are due. Termination in such case would apply to that part of the Agreement that remains unperformed unless it would be manifestly unfair to require the terminating Party to retain the part performed by the defaulting Party.
Mutual Termination Right. Either party may terminate this Agreement upon 30 days’ written notice in the event that no Statement of Work then remains in effect.
