Non-fulfilment of Conditions. If any of the conditions contained in section 9.1 have not been fulfilled on the date for the disbursement of the Funding and are not waived by the Region, the Region shall be under no obligation to make such disbursement to the Proponent, and the Region shall thereupon have the right to terminate this Agreement. If the Region terminates this Agreement, neither Party shall have any rights or obligations hereunder, save and except that the Region may, notwithstanding such termination, bring an action against the Proponent for all losses, costs and expenses.
Non-fulfilment of Conditions. This Agreement may be cancelled by written notice to the other Party if, by 5.00 pm on Conditions Date:
Non-fulfilment of Conditions. If either Vendor or Purchaser fails to deliver any item that is required by Sections 5.1 or 5.2 at the Time of Closing but the other party elects to sign and close this Agreement, then the party so electing to sign and close this Agreement may not make a claim for indemnification based upon the other party's failure to deliver any item required by Sections 5.1 or 5.2.
Non-fulfilment of Conditions. If a condition precedent set out in the First Schedule is not fulfilled as at the end of the day (NZ time) stated in the first line of that condition (or such later day as the Crown may agree in writing) and it is not waived in writing by the Crown (for whose benefit each condition has been included and who alone may waive in whole or in part the fulfilment of a condition) then the Crown may elect to give Air NZ written notice terminating this Agreement in which event this Agreement will terminate on the date of service of that notice and neither party will have any claim on the other arising under this Agreement but without prejudice to any right or remedy a party may have against the other for any breach of this Agreement arising before the date on which this Agreement is terminated.
Non-fulfilment of Conditions. If the conditions in Clause 3.3 are not fulfilled by the fifth Business Day before the target date referred to in Clause 3.1.2, either the Principal Vendors or the Purchaser may (if not in continuing breach of their own obligations relating to that clause), at any time prior to the fulfilment of the conditions, rescind this Agreement by notice to the other, and this will not prejudice the other rights and remedies of the rescinding party under this Agreement.
Non-fulfilment of Conditions. If the Conditions set out in clause 3.1 have not been fulfilled or (to the extent that they are capable of waiver) waived by the Purchaser by 30 September 2000, or such later date as agreed in writing by the Vendors' Representative and the Purchaser, then this Agreement will terminate. If this Agreement is terminated under this clause 3.4 no party is to have any claim against any other party arising under or in connection with that termination other than in respect of any breach of clause 16 or any breach of this Agreement occurring before termination, but otherwise this Agreement has no further effect.
Non-fulfilment of Conditions. The Corporate Parties agree that, if for any reason the Merger Conditions are not satisfied (or waived) on or prior to the Conditions Long-Stop Date or the Completion Conditions are not satisfied (or waived) on the Merger Date, this Agreement shall, unless otherwise agreed in writing between the Corporate Parties, automatically terminate, and no Party shall have claim against any Party under this Agreement for costs, damages, compensation or otherwise save in respect of any claim relating to a breach by any Party prior to the date of termination of this Agreement.
Non-fulfilment of Conditions. If any of the Conditions becomes incapable of being satisfied (and is not waived by Davy) or if all the Conditions are not fulfilled (or waived by Davy) on or before the time or date set for its fulfilment (or such later time as Davy and the Company may agree pursuant to Clause 2.1), then Davy’s obligations under this Agreement shall terminate immediately; and
Non-fulfilment of Conditions. If the conditions in Clause 3.3 are not fulfilled by April 15, 2006, either the Vendors or the Purchaser may (if not in continuing breach of their own obligations relating to that clause), at any time prior to the fulfilment of the conditions, rescind this Agreement by notice to the other, and this will not prejudice the other rights and remedies of the rescinding party under this Agreement.
Non-fulfilment of Conditions. If all the Conditions in:
