Non-Termination. This agreement may not be terminated for one year following the "Initial Date of Deposit", as that term is defined in the Trust Indenture, unless the Equity Gold Trust is terminated during that period.
Non-Termination. The parties shall not have terminated this Agreement pursuant to Section 8(c) hereof.
Non-Termination. Subject to the other provisions of this Agreement that provide a specific right of termination, failure to consummate the Closing on the Closing Date will not result in the termination of this Agreement and will not relieve any Party of any obligation under this Agreement.
Non-Termination. Except as otherwise expressly provided in this Lease, this Lease shall not terminate nor shall Tenant have any right to terminate this Lease or be entitled to the abatement of any Rent hereunder or any reduction thereof, nor shall the obligations of Tenant under this Lease be otherwise affected, by reason of (a) any damage to or destruction of all or any portion of the Premises from whatever cause, (b) the prohibition, limitation or restriction of or interference with Tenant's use of all or any portion of the Premises, (c) the failure on the part of Landlord to perform or comply with any term, provision or covenant of this Lease or any other agreement to which Landlord and Tenant may be parties, (d) any claim which Tenant has or might have against Landlord, or (e) for any other cause, whether similar or dissimilar to the foregoing. Except as otherwise expressly provided in this Lease, Tenant waives all rights now or hereafter conferred by statute or otherwise to quit, terminate or surrender this Lease or the leasehold estate in the Premises or any part thereof, and to any abatement, recoupment, suspension, deferment, diminution or reduction of Rent. Notwithstanding the foregoing, upon the default by Landlord of any obligation in this Lease that it is required to perform or observe, then if (and only if) such default materially and adversely affects the business operations conducted by Tenant on the Premises (a "Qualifying Default"), Tenant shall have the right to terminate this Lease, provided, however, that before Tenant shall be entitled to exercise such right to terminate, Tenant shall first give Landlord the opportunity to cure such default as follows: (i) upon the occurrence of a default by Landlord that is a Qualifying Default, Tenant shall provide Landlord with written notice describing such Qualifying Default in reasonable detail and the steps to be taken by Landlord to cure such default (the "Initial Notice"); (ii) the Initial Notice shall also contain the following legend on the first page thereof: "THIS LETTER IS NOTICE UNDER SECTION 5.02 OF THE LEASE THAT A DEFAULT HAS OCCURRED WHICH ENTITLES TENANT TO TERMINATE THE LEASE UNLESS SUCH DEFAULT IS CURED"; (iii) Landlord shall have thirty (30) days following Landlord's receipt of the Initial Notice to cure such Qualifying Default, or if such Qualifying Default cannot be cured within such 30-day period, then Landlord shall have such additional time as shall be reasonably required to cure such Qualif...
Non-Termination. Except as otherwise expressly provided in this Agreement, this Agreement shall not terminate, nor shall either Party’s interest in the Shared Facilities be extinguished, lost, conveyed or otherwise impaired, in whole or in part, by any cause or for any reason whatsoever, including (a) any damage to or destruction of all or any part of the Shared Facilities or the taking of the Shared Facilities or any portion thereof by condemnation, requisition, eminent domain or otherwise, (b) any default in the performance or the observance by any Party of any of their respective covenants and agreements to be performed and observed by such Party hereunder, (c) the insolvency, bankruptcy, reorganization or similar proceedings by or against any Party, or (d) any other reason whatsoever, whether similar or dissimilar to any of the foregoing.
Non-Termination. The Superintendent of the District, an assistant superintendent of the District, the General Counsel of the District, the Consultant, or staff appointed or retained by the Consultant will not be terminated without good and just cause (including without limitation failure to comply with the Financial and Operating Plan) and the approval of the Treasurer. The Superintendent of the District and the General Counsel of the District may not be terminated without the approval of the School Board. No additional employment rights or protections may be implied from this paragraph, including, but not limited to, rights or protections in the event of an uncured material breach of this Agreement or the District’s placement in receivership.
Non-Termination. If this Lease is not terminated in accordance with the provisions of Section 16.1, then, until the repair and restoration of the Premises is completed Tenant shall be required to pay Base Rent and Additional Rent only for that portion of the Premises that Tenant, in its reasonable judgment, is able to use (as such use is contemplated by this Lease) while repairs are being made, provided that if Tenant asserts that Tenant is unable to use a portion of the Premises pursuant to this Section 16.3, Tenant must cease its use of such portion of the Premises during the abatement period. Landlord shall bear the costs and expense of repairing and restoring the Premises, subject to the limitations on Landlord’s obligations set forth in this Article 16. Notwithstanding any other provision of this Lease, if the Premises or the Building shall be totally or partially damaged by fire or other casualty resulting from the gross negligence or the intentional misconduct of Tenant, or its agents, employees, licensees, or invitees during the Lease Term, and such damage is in whole or in part not covered by the insurance required of Landlord hereunder, then the non-covered damage shall be repaired at the expense of Tenant under the direction and supervision of Landlord, provided that Tenant shall not be liable for any insurance deductibles unless the casualty was due solely to Tenant’s intentional misconduct.
Non-Termination. The provisions of this order shall not terminate at the conclusion of these actions. Within 120 days after final conclusion of all aspects of this litigation and upon written request of the producing party, stamped confidential documents and all copies of same (other than exhibits of record) shall be returned to the party or persons which produced such documents or, at the option of the producer (if it retains at least one copy of the same), destroyed.
Non-Termination. Nothing in this Section 30 grants any Lender or any party taking title to the Premises through any Lender, the right to terminate this Lease, it being agreed that any such rights of Lender or other party to terminate arise out of, and are exercised pursuant to and in accordance with, Section 13 hereof.
Non-Termination. In the event this Agreement is not terminated pursuant to this section after Casualty, the Rent payable by the Lessee under this Agreement shall not be abated from the time of Casualty to completion of any rebuilding and shall be fully due and payable. Additionally, the Commission shall not be liable for any damages (including, without limitation, business interruption) that may be suffered by the Lessee by reason of any Casualty and/or the deprivation of the Lessee’s use and possession thereof, regardless of reason or cause, nor shall the Commission be liable for any damage to, or repair, rebuilding, reconstruction, restoration or replacement of any of, the Lessee’s property, improvements, or any other improvements required to be rebuilt by the Lessee.
