Mutual Termination. The Company and the DS Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS Supplier identifies a replacement DS Supplier willing to assume all obligations of the Terminating DS Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS Supplier”); (ii) the Replacement DS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s), effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretion.
Appears in 12 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Mutual Termination. The Company and the DS BGS-RSCP Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS BGS-RSCP Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS BGS-RSCP Supplier (the “Terminating DS BGS-RSCP Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS BGS-RSCP Supplier identifies a replacement DS Supplier supplier willing to assume all obligations of the Terminating DS BGS-RSCP Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS BGS Supplier”); (ii) the Replacement DS BGS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS BGS Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS BGS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS BGS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS BGS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretionCompany.
Appears in 11 contracts
Samples: Supplier Master Agreement, Supplier Master Agreement, Supplier Master Agreement
Mutual Termination. The Company and the DS BGS-CIEP Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS BGS-CIEP Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS BGS-CIEP Supplier (the “Terminating DS BGS-CIEP Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS BGS-CIEP Supplier identifies a replacement DS Supplier supplier willing to assume all obligations of the Terminating DS BGS-CIEP Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS BGS Supplier”); (ii) the Replacement DS BGS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS BGS Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS BGS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS BGS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS BGS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretionCompany.
Appears in 10 contracts
Samples: Supplier Master Agreement, Supplier Master Agreement, Supplier Master Agreement
Mutual Termination. The Company and the DS Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS Supplier identifies a replacement DS Supplier willing to assume all obligations of the Terminating DS Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS Supplier”); (ii) the Replacement DS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretion.
Appears in 7 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Mutual Termination. The Company and the DS BGS-RSCP Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS BGS-RSCP Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS BGS-RSCP Supplier (the “Terminating DS BGS-RSCP Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS BGS-RSCP Supplier identifies a replacement DS Supplier supplier willing to assume all obligations of the Terminating DS BGS-RSCP Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS BGS Supplier”); (ii) the Replacement DS BGS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS BGS Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS BGS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS BGS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS BGS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretionCompany.
Appears in 7 contracts
Samples: Supplier Master Agreement, Supplier Master Agreement, Supplier Master Agreement
Mutual Termination. The Company and the DS BGS-CIEP Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS BGS-CIEP Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS BGS-CIEP Supplier (the “Terminating DS BGS-CIEP Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS BGS-CIEP Supplier identifies a replacement DS Supplier supplier willing to assume all obligations of the Terminating DS BGS-CIEP Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS BGS Supplier”); (ii) the Replacement DS BGS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS BGS Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS BGS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS BGS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS BGS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretionCompany.
Appears in 5 contracts
Samples: Supplier Master Agreement, Supplier Master Agreement, Supplier Master Agreement
Mutual Termination. The Company One or more of the Companies and the DS BGS-FP Supplier may agree at any time during the term of this Agreement Term to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement reasonably acceptable in form and substance to the such Company or Companies and the DS BGS-FP Supplier (“Mutual Termination Agreement”); provided provided, however, that Company each of the Companies agrees that it shall enter into such a Mutual Termination Agreement, Agreement which will discharge the terminating DS BGS-FP Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS BGS-FP Supplier identifies a replacement DS Supplier supplier willing to assume all obligations of the Terminating DS BGS-FP Supplier hereunder for the remaining term of Transactions under this Agreement Term (the “Replacement DS BGS-FP Supplier”); (ii) the Replacement DS BGS-FP Supplier demonstrates to the satisfaction of each of the Companies its compliance with Article 6 of this Agreement, “Creditworthiness”6, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS BGS-FP Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS BGS-FP Supplier is not, to the belief or knowledge of any of the CompanyCompanies, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if one or more of the Company Companies believes that the Terminating DS BGS-FP Supplier may be subject to an Event of Default, either (a) each of the Company Companies has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if one or more of the Company Companies has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS BGS-FP Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretionor Companies which suffers or suffer the detriment or burden of such default.
Appears in 3 contracts
Samples: Supplier Forward Contract (Dynegy Inc /Il/), Supplier Forward Contract, Supplier Forward Contract (Dynegy Inc /Il/)
Mutual Termination. The Company Companies and the DS BGS-FP Supplier may agree at any time during the term of this Agreement Term to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company Companies and the DS BGS-FP Supplier (“Mutual Termination Agreement”); provided provided, however, that Company agrees the Companies agree that it they shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS BGS-FP Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS BGS-FP Supplier identifies a replacement DS Supplier supplier willing to assume all obligations of the Terminating DS BGS-FP Supplier hereunder for the remaining term of Transactions under this Agreement Term (the “Replacement DS BGS-FP Supplier”); (ii) the Replacement DS BGS-FP Supplier demonstrates to the satisfaction of the Companies its compliance with Article 6 of this Agreement, “Creditworthiness”6, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS BGS-FP Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS BGS-FP Supplier is not, to the belief or knowledge of the CompanyCompanies, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes Companies believe that the Terminating DS BGS-FP Supplier may be subject to an Event of Default, either either
(a) the Company has Companies have determined that, as of the effective date of the Mutual Termination Agreement, it has they have not incurred any Damages as a result of the Event of Default or (b) if the Company has Companies have determined, as of the effective date of the Mutual Termination Agreement, that it they may have incurred Damages as a result of the Event of Default, that the Replacement DS BGS-FP Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretionCompanies.
Appears in 3 contracts
Samples: Supplier Forward Contract, Supplier Forward Contract, Supplier Forward Contract
Mutual Termination. The Company and the DS Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS Supplier identifies a replacement DS Supplier willing to assume all obligations of the Terminating DS Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS Supplier”); (ii) the Replacement DS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretion.
Appears in 2 contracts
Samples: Default Service Supplier Master Agreement, Default Service Supplier Master Agreement
Mutual Termination. The Company and the DS Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall may enter into such a Mutual Termination Agreement, which will discharge the terminating DS Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS Supplier identifies a replacement DS Supplier willing to assume all obligations of the Terminating DS Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS Supplier”); (ii) the Replacement DS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole reasonable discretion of Company; (iii) the Replacement DS Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect (Exhibit 1) and thereby becomes a Party under this Agreement and all relevant Transaction(s), effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determineddetermined that, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole reasonable discretion.
Appears in 2 contracts
Samples: Default Service Supplier Master Agreement, Supplier Master Agreement
Mutual Termination. The One or more of the CompaniesThe Company and the DS BGS-FP Supplier may agree at any time during the term of this Agreement Term to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement reasonably acceptable in form and substance to the suchthe Company or Companies and the DS BGS-FP Supplier (“Mutual Termination Agreement”); provided provided, however, that Company each of the CompaniesCompany agrees that it shall enter into such a Mutual Termination Agreement, Agreement which will discharge the terminating DS BGS-FP Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS BGS-FP Supplier identifies a replacement DS Supplier supplier willing to assume all obligations of the Terminating DS BGS-FP Supplier hereunder for the remaining term of Transactions under this Agreement Term (the “Replacement DS BGS-FP Supplier”); (ii) the Replacement DS BGS-FP Supplier demonstrates to the satisfaction of each of the CompaniesCompany its compliance with Article 6 of this Agreement, “Creditworthiness”6, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS BGS-FP Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS BGS- FP Supplier is not, to the belief or knowledge of any of the CompanyCompaniesCompany, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if one or more of the Company CompaniesCompany believes that the Terminating DS BGS-FP Supplier may be subject to an Event of Default, either (a) each of the Company CompaniesCompany has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if one or more of the Company CompaniesCompany has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS BGS-FP Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretionor Companies which suffers or suffer the detriment or burden of such default.
Appears in 1 contract
Samples: BGS Fp Supplier Forward Contract
Mutual Termination. The Company and the DS Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS Supplier identifies a replacement DS Supplier willing to assume all obligations of the Terminating DS Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS Supplier”); (ii) the Replacement DS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, ,” as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretion.
Appears in 1 contract
Mutual Termination. The Company and the DS CPP-B Supplier may agree at any time during the term of this Agreement Term to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement reasonably acceptable in form and substance to the Company and the DS CPP-B Supplier (“Mutual Termination Agreement”); provided provided, however, that Company agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS CPP-B Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS CPP-B Supplier identifies a replacement DS Supplier supplier willing to assume all obligations of the Terminating DS CPP-B Supplier hereunder for the remaining term of Transactions under this Agreement Term (the “Replacement DS CPP-B Supplier”); (ii) the Replacement DS CPP-B Supplier demonstrates to the satisfaction of the Company its compliance with Article 6 of this Agreement, “Creditworthiness”6, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS CPP-B Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS CPP-B Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS CPP-B Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS CPP-B Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretionCompany.
Appears in 1 contract
Samples: Supplier Forward Contract
Mutual Termination. The Company One or more of the Companies and the DS BGS-FP Supplier may agree at any time during the term of this Agreement Term to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement reasonably acceptable in form and substance to the such Company or Companies and the DS BGS-FP Supplier (“Mutual Termination Agreement”); provided provided, however, that Company each of the Companies agrees that it shall enter into such a Mutual Termination Agreement, Agreement which will discharge the terminating DS BGS-FP Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS BGS-FP Supplier identifies a replacement DS Supplier supplier willing to assume all obligations of the Terminating DS BGS-FP Supplier hereunder for the remaining term of Transactions under this Agreement Term (the “Replacement DS BGS-FP Supplier”); (ii) the Replacement DS BGS-FP Supplier demonstrates to the satisfaction of each of the Companies its compliance with Article 6 of this Agreement, “Creditworthiness”6, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS BGS-FP Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS BGS-FP Supplier is not, to the belief or knowledge of any of the CompanyCompanies, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if one or more of the Company Companies believes that the Terminating DS BGS-FP Supplier may be subject to an Event of Default, either (a) each of the Company Companies has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if one or more of the Company Companies has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS BGS-FP Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretionor Companies which suffers or suffer the detriment or burden of such default.
Appears in 1 contract
Samples: Supplier Forward Contract
Mutual Termination. The Company and the DS Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS Supplier identifies a replacement DS Supplier willing to assume all obligations of the Terminating DS Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS Supplier”); (ii) the Replacement DS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s), effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretion. This is an enforceable legal agreement. Read it before signing. Seek legal advice if you do not understand it. Mutual Termination of Rental Agreement This is an agreement to end a landlord-tenant relationship. Before anyone signs this agreement, all the blanks must be filled in. It must be signed by each tenant who signed the original written rental agree-ment. It must also be signed by the owner of the rental property or someone who has the authority to sign on the owner’s behalf. On or before the effective date of this agreement, the tenant must vacate the rented premises. After the effective date of this agreement, the tenant has no duty to pay rent and the owner may rerent the premises. Any existing rental agreement between the parties is terminated. All of the rights, duties, obligations and liabilities of the parties to that rental agreement are ended except that the owner may seek recovery from the tenant(s) for damage to the rented premises over and above normal wear and tear. The tenant(s) and owner should agree to inspect the premises at the end of the occupancy. If the rented premises are subsidized by a public housing authority (PHA) or other governmental entity, such as through the “section 8” program, the tenant(s) agrees to provide a copy of this agreement to the PHA. Both the owner and the tenant(s) understand that the PHA is an independent entity with its own rules. Under some circumstances, this mutual termination will not be effective without PHA approval. Mutual cancellation of lease agreement. What is a lease termination agreement. Printable mutual lease termination agreement pdf.
Appears in 1 contract
Samples: Mutual Lease Termination Agreement
Mutual Termination. The Company and the DS BGS-FP Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS BGS-FP Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS BGS-FP Supplier (the “Terminating DS BGS-FP Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS BGS-FP Supplier identifies a replacement DS Supplier supplier willing to assume all obligations of the Terminating DS BGS-FP Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS BGS Supplier”); (ii) the Replacement DS BGS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS BGS Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS BGS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS BGS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS BGS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretionCompany.
Appears in 1 contract
Samples: Supplier Master Agreement
Mutual Termination. The Company and the DS TOU Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS TOU Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall may enter into such a Mutual Termination Agreement, which will discharge the terminating DS TOU Supplier (the “Terminating DS TOU Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS TOU Supplier identifies a replacement DS TOU Supplier willing to assume all obligations of the Terminating DS TOU Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS TOU Supplier”); (ii) the Replacement DS TOU Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole reasonable discretion of Company; (iii) the Replacement DS TOU Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s), effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS TOU Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS TOU Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determineddetermined that, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS TOU Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole reasonable discretion.
Appears in 1 contract
Mutual Termination. The Company and the DS Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS Supplier identifies a replacement DS Supplier willing to assume all obligations of the Terminating DS Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS Supplier”); (ii) the Replacement DS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS Supplier executes a counterpart signature page to this Agreement and all Transaction Xxxx saction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s), effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretion.
Appears in 1 contract
Samples: Master Agreement
Mutual Termination. The Company and the DS Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS Supplier identifies a replacement DS Supplier willing to assume all obligations of the Terminating DS Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS Supplier”); (ii) the Replacement DS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, ,” as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretion.
Appears in 1 contract
Mutual Termination. The Company Companies and the DS BGS-FP Supplier may agree at any time during the term of this Agreement Term to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company Companies and the DS BGS-FP Supplier (“Mutual Termination Agreement”); provided provided, however, that Company agrees Companies agree that it shall enter into a such a Mutual Termination Agreement, which will discharge the terminating DS BGS-FP Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS BGS-FP Supplier identifies a replacement DS Supplier supplier willing to assume all obligations of the Terminating DS BGS-FP Supplier hereunder for the remaining term of Transactions under this Agreement Term (the “Replacement DS BGS-FP Supplier”); (ii) the Replacement DS BGS-FP Supplier demonstrates to the satisfaction of the Companies its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS BGS-FP Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS BGS-FP Supplier is not, to the belief or knowledge of the CompanyCompanies, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes Companies believe that the Terminating DS BGS-FP Supplier may be subject to an Event of Default, either either
(a) the Company has Companies have determined that, as of the effective date of the Mutual Termination Agreement, it has they have not incurred any Damages as a result of the Event of Default or (b) if the Company has Companies have determined, as of the effective date of the Mutual Termination Agreement, that it they may have incurred Damages as a result of the Event of Default, that the Replacement DS BGS-FP Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretionCompanies.
Appears in 1 contract
Samples: Supplier Forward Contract
Mutual Termination. The Company Companies and the DS SSO Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company Companies and the DS SSO Supplier (“Mutual Termination Agreement”); provided that Company agrees Companies agree that it shall they will enter into a such a Mutual Termination Agreement, which will discharge the terminating DS SSO Supplier (the “Terminating DS SSO Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS SSO Supplier identifies a replacement DS Supplier supplier willing to assume all obligations of the Terminating DS SSO Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS SSO Supplier”); (ii) the Replacement DS SSO Supplier demonstrates its compliance with Article 6 of this Agreementhereof, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS SSO Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS SSO Supplier is not, to the belief or knowledge of the CompanyCompanies, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes Companies believe that the Terminating DS SSO Supplier may be subject to an Event of Default, either (a) the Company has Companies have determined that, as of the effective date of the Mutual Termination Agreement, it has they have not incurred any Damages as a result of the Event of Default or (b) if the Company has Companies have determined, as of the effective date of the Mutual Termination Agreement, that it they may have incurred Damages as a result of the Event of Default, that the Replacement DS SSO Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretionCompanies.
Appears in 1 contract
Mutual Termination. The Company and the DS Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS Supplier identifies a replacement DS Supplier willing to assume all obligations of the Terminating DS Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS Supplier”); (ii) the Replacement DS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s), effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretion. This is an enforceable legal agreement.
Appears in 1 contract
Samples: Mutual Lease Termination Agreement
Mutual Termination. The Company One or more of the Companies and the DS BGS-LRTP Supplier may agree at any time during the term of this Agreement Term to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement reasonably acceptable in form and substance to the such Company or Companies and the DS BGS-LRTP Supplier (“Mutual Termination Agreement”); provided provided, however, that Company each of the Companies agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS BGS-LRTP Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS BGS-LRTP Supplier identifies a replacement DS Supplier supplier willing to assume all obligations of the Terminating DS BGS-LRTP Supplier hereunder for the remaining term of Transactions under this Agreement Term (the “Replacement DS BGS-LRTP Supplier”); (ii) the Replacement DS BGS-LRTP Supplier demonstrates to the satisfaction of each of the Companies its compliance with Article 6 of this Agreement, “Creditworthiness”6, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS BGS-LRTP Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS BGS-LRTP Supplier is not, to the belief or knowledge of any of the CompanyCompanies, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if one or more of the Company Companies believes that the Terminating DS BGS-LRTP Supplier may be subject to an Event of Default, either either
(a) each of the Company Companies has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or or
(b) if one or more of the Company Companies has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS BGS-LRTP Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretionor Companies which suffers or suffer the detriment or burden of such default.
Appears in 1 contract
Samples: Supplier Forward Contract
Mutual Termination. The Company and the DS Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall may enter into such a Mutual Termination Agreement, which will discharge the terminating DS Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS Supplier identifies a replacement DS Supplier willing to assume all obligations of the Terminating DS Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS Supplier”); (ii) the Replacement DS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole reasonable discretion of Company; (iii) the Replacement DS Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s), effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determineddetermined that, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole reasonable discretion.
Appears in 1 contract
Samples: Supplier Master Agreement
Mutual Termination. The Company and the DS Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS Supplier (“"Mutual Termination Agreement”"); provided that Company agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS Supplier (the “"Terminating DS Supplier”") with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS Supplier identifies a replacement DS Supplier willing to assume all obligations of the Terminating DS Supplier hereunder for the remaining term of Transactions under this Agreement (the “"Replacement DS Supplier”"); (ii) the Replacement DS Supplier demonstrates its compliance with Article 6 of this Agreement, “"Creditworthiness”", as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretion.
Appears in 1 contract
Samples: Supplier Master Agreement
Mutual Termination. The Company and the DS Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall may enter into such a Mutual Termination Agreement, which will discharge the terminating DS Supplier (the “Terminating DS Supplier”) with respect to liabilities arising arisingother than surviving obligations set forth in Section 4.3 that arise after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS Supplier identifies a replacement DS Supplier willing to assume assumeexpressly assumes all obligations of the Terminating DS Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS Supplier”); (ii) the Replacement DS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole reasonable discretion of Company; (iii) the Replacement DS Supplier executes a counterpart signature page to this Agreement andassuming all obligations of the Terminating DS Supplier hereunder and with respect to all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s), effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determineddetermined that, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole reasonable discretion.
Appears in 1 contract
Mutual Termination. The Company and the DS Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS Supplier identifies a replacement DS Supplier willing to assume all obligations of the Terminating DS Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS Supplier”); (ii) the Replacement DS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s), effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretion.discretion.
Appears in 1 contract
Samples: Master Agreement
Mutual Termination. The Company and the DS Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS Supplier identifies a replacement DS Supplier willing to assume all obligations of the Terminating DS Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS Supplier”); (ii) the Replacement DS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s), effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretion. Download Mutual termination of land lease agreement DOC: 66.2 KB | PDF: 39.2 KB (1 page) ( 4.2, 13 votes ) An Early (Mutual) Lease Termination Agreement is a negotiated agreement between the landlord and a tenant to terminate a lease before the original lease end date. The agreement may require consideration and will result in the release of both parties from their obligations under the original lease agreement. Why Use an Early Lease Termination Agreement? Landlord Reasons Reasons a landlord may need to terminate a lease agreement early include: Selling the Property. An agreement may be necessary if you decide you want to sell the property the tenant is currently renting. Property Renovations. An agreement to terminate the lease early may be necessary to make property renovations, especially if they are for health or safety reasons. Property can no longer be Rented. It may be necessary if, for instance, the property is subject to eminent domain by the government or if a natural disaster destroys the property. Tenant Breach of the Original Lease Agreement. A mutual agreement may be the easiest and best option for the landlord if the tenant is violating the terms of the lease. Landlord Benefits Benefits to the landlord for signing a mutual early termination agreement include: Quicker Repossession of the Property. This is a huge benefit if your other option is to evict a tenant.
Appears in 1 contract
Samples: Mutual Lease Termination Agreement
Mutual Termination. The Company One or more of the Companies and the DS BGS-LFP Supplier may agree at any time during the term of this Agreement Term to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement reasonably acceptable in form and substance to the such Company or Companies and the DS BGS-LFP Supplier (“Mutual Termination Agreement”); provided provided, however, that Company each of the Companies agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS BGS-LFP Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS BGS-LFP Supplier identifies a replacement DS Supplier supplier willing to assume all obligations of the Terminating DS BGS-LFP Supplier hereunder for the remaining term of Transactions under this Agreement Term (the “Replacement DS BGS-LFP Supplier”); (ii) the Replacement DS BGS-LFP Supplier demonstrates to the satisfaction of each of the Companies its compliance with Article 6 of this Agreement, “Creditworthiness”6, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS BGS-LFP Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS BGS-LFP Supplier is not, to the belief or knowledge of any of the CompanyCompanies, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if one or more of the Company Companies believes that the Terminating DS BGS- LFP Supplier may be subject to an Event of Default, either (a) each of the Company Companies has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if one or more of the Company Companies has determined, as of the effective date of the Mutual Termination Agreement, that it they may have incurred Damages as a result of the Event of Default, that the Replacement DS BGS-LFP Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretionor Companies which suffers or suffer the detriment or burden of such default.
Appears in 1 contract
Samples: Supplier Forward Contract
Mutual Termination. The Company and the DS Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall may enter into such a Mutual Termination Agreement, which will discharge the terminating DS Supplier (the “Terminating DS Supplier”) with respect to liabilities arising other than surviving obligations set forth in Section 4.3 that arise after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS Supplier identifies a replacement DS Supplier willing to assume expressly assumes all obligations of the Terminating DS Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS Supplier”); (ii) the Replacement DS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole reasonable discretion of Company; (iii) the Replacement DS Supplier executes a counterpart signature page to this Agreement assuming all obligations of the Terminating DS Supplier hereunder and with respect to all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s), effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determineddetermined that, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole reasonable discretion.
Appears in 1 contract
Samples: Supplier Master Agreement
Mutual Termination. The Company and the DS Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS Supplier identifies a replacement DS Supplier willing to assume all obligations of the Terminating DS Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS Supplier”); (ii) the Replacement DS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s), effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretion. This is an enforceable legal agreement. Read it before signing. Seek legal advice if you do not understand it. Mutual Termination of Rental Agreement This is an agreement to end a landlord-tenant relationship. Before anyone signs this agreement, all the blanks must be filled in. It must be signed by each tenant who signed the original written rental agree-ment. It must also be signed by the owner of the rental property or someone who has the authority to sign on the owner’s behalf. On or before the effective date of this agreement, the tenant must vacate the rented premises. After the effective date of this agreement, the tenant has no duty to pay rent and the owner may rerent the premises. Any existing rental agreement between the parties is terminated. Printable mutual lease termination agreement pdf.
Appears in 1 contract
Samples: Mutual Lease Termination Agreement
Mutual Termination. The Company and the DS Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS Supplier identifies a replacement DS Supplier willing to assume all obligations of the Terminating DS Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS Supplier”); (ii) the Replacement DS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party Party under this Agreement and all relevant Transaction(s), effective immediately following the Deleted: , effective date of the Mutual Termination Agreement; and (iv) the Terminating DS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretion.discretion.
Appears in 1 contract
Samples: Master Agreement
Mutual Termination. The Company One or more of the Companies and the DS BGS-LRTP Supplier may agree at any time during the term of this Agreement Term to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement reasonably acceptable in form and substance to the such Company or Companies and the DS BGS-LRTP Supplier (“Mutual Termination Agreement”); provided provided, however, that Company each of the Companies agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS BGS-LRTP Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS BGS-LRTP Supplier identifies a replacement DS Supplier supplier willing to assume all obligations of the Terminating DS BGS-LRTP Supplier hereunder for the remaining term of Transactions under this Agreement Term (the “Replacement DS BGS-LRTP Supplier”); (ii) the Replacement DS BGS-LRTP Supplier demonstrates to the satisfaction of each of the Companies its compliance with Article 6 of this Agreement, “Creditworthiness”6, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS BGS-LRTP Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS BGS-LRTP Supplier is not, to the belief or knowledge of any of the CompanyCompanies, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if one or more of the Company Companies believes that the Terminating DS BGS-LRTP Supplier may be subject to an Event of Default, either either
(a) each of the Company Companies has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or or
(b) if one or more of the Company Companies has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS BGS-LRTP Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretionor Companies which suffers or suffer the detriment or burden of such default.
Appears in 1 contract
Samples: Supplier Forward Contract
Mutual Termination. The Company One or more of the Companies and the DS BGS-LFP Supplier may agree at any time during the term of this Agreement Term to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement reasonably acceptable in form and substance to the such Company or Companies and the DS BGS-LFP Supplier (“Mutual Termination Agreement”); provided provided, however, that Company each of the Companies agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS BGS-LFP Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS BGS-LFP Supplier identifies a replacement DS Supplier supplier willing to assume all obligations of the Terminating DS BGS-LFP Supplier hereunder for the remaining term of Transactions under this Agreement Term (the “Replacement DS BGS-LFP Supplier”); (ii) the Replacement DS BGS-LFP Supplier demonstrates to the satisfaction of each of the Companies its compliance with Article 6 of this Agreement, “Creditworthiness”6, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS BGS-LFP Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS BGS-LFP Supplier is not, to the belief or knowledge of any of the CompanyCompanies, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if one or more of the Company Companies believes that the Terminating DS BGS- LFP Supplier may be subject to an Event of Default, either (a) each of the Company Companies has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if one or more of the Company Companies has determined, as of the effective date of the Mutual Termination Agreement, that it they may have incurred Damages as a result of the Event of Default, that the Replacement DS BGS-LFP Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretionor Companies which suffers or suffer the detriment or burden of such default.
Appears in 1 contract
Samples: Supplier Forward Contract
Mutual Termination. The Company Companies and the DS BGS-FP Supplier may agree at any time during the term of this Agreement Term to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company Companies and the DS BGS-FP Supplier (“Mutual Termination Agreement”); provided provided, however, that Company agrees the Companies agree that it itthey shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS BGS-FP Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS BGS-FP Supplier identifies a replacement DS Supplier supplier willing to assume all obligations of the Terminating DS BGS-FP Supplier hereunder for the remaining term of Transactions under this Agreement Term (the “Replacement DS BGS-FP Supplier”); (ii) the Replacement DS BGS-FP Supplier demonstrates to the satisfaction of the Companies its compliance with Article 6 of this Agreement, “Creditworthiness”66, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS BGS-FP Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s)Agreement, effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS BGS-FP Supplier is not, to the belief or knowledge of the CompanyCompanies, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes Companies believe that the Terminating DS BGS-FP Supplier may be subject to an Event of Default, either either
(a) the Company has Companies have determined that, as of the effective date of the Mutual Termination Agreement, it has they have not incurred any Damages as a result of the Event of Default or (b) if the Company has Companies have determined, as of the effective date of the Mutual Termination Agreement, that it they may have incurred Damages as a result of the Event of Default, that the Replacement DS BGS-FP Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretionCompanies.
Appears in 1 contract
Samples: Supplier Forward Contract
Mutual Termination. The Company and the DS Supplier may agree at any time during the term of this Agreement to terminate their respective rights and obligations hereunder on such terms and under such conditions that they mutually deem to be appropriate as set forth in a mutual termination agreement acceptable in form and substance to the Company and the DS Supplier (“Mutual Termination Agreement”); provided that Company agrees that it shall enter into such a Mutual Termination Agreement, which will discharge the terminating DS Supplier (the “Terminating DS Supplier”) with respect to liabilities arising after the effective date of the Mutual Termination Agreement if the following conditions precedent are met: (i) the Terminating DS Supplier identifies a replacement DS Supplier willing to assume all obligations of the Terminating DS Supplier hereunder for the remaining term of Transactions under this Agreement (the “Replacement DS Supplier”); (ii) the Replacement DS Supplier demonstrates its compliance with Article 6 of this Agreement, “Creditworthiness”, as of the effective date of the Mutual Termination Agreement, that determination to be made in the sole discretion of Company; (iii) the Replacement DS Supplier executes a counterpart signature page to this Agreement and all Transaction Confirmation(s) that are currently in effect and thereby becomes a Party under this Agreement and all relevant Transaction(s), effective immediately following the effective date of the Mutual Termination Agreement; and (iv) the Terminating DS Supplier is not, to the belief or knowledge of the Company, subject to an Event of Default as of the effective date of the Mutual Termination Agreement or, if the Company believes that the Terminating DS Supplier may be subject to an Event of Default, either (a) the Company has determined that, as of the effective date of the Mutual Termination Agreement, it has not incurred any Damages as a result of the Event of Default or (b) if the Company has determined, as of the effective date of the Mutual Termination Agreement, that it may have incurred Damages as a result of the Event of Default, that the Replacement DS Supplier has agreed in writing to be responsible for the payment of such Damages or to otherwise cure the Event of Default, in either case to the satisfaction of the Company in its sole discretion. This is an enforceable legal agreement. Read it before signing. Seek legal advice if you do not understand it. Mutual Termination of Rental Agreement This is an agreement to end a landlord-tenant relationship. Before anyone signs this agreement, all the blanks must be filled in. Mutual cancellation of lease agreement. What is a lease termination agreement. Printable mutual lease termination agreement pdf.
Appears in 1 contract
Samples: Mutual Lease Termination Agreement