Other Early Termination. If applicable Law, the Rules or the Act are amended, modified, nullified, suspended, repealed, found unconstitutional or unlawful, or changed or affected in any respect by any law, rule, regulation, order, interpretation, judgment, decree, directive, policy or similar act of any Ggovernmental Aauthority after the Effective Date, and such event (a) has, or would be reasonably likely to have, a material adverse effect upon the ability of EESI to perform its obligations under this Agreement or realize the economic benefits of this Agreement; (b) renders, or would be reasonably likely to render, EESI's or Customer's performance of their respective obligations under this Agreement illegal or unenforceable; (c) prevents, or would be reasonably likely to prevent, the applicable Utility from processing or otherwise giving effect to direct access service requests from EESI, whether previously submitted or to be submitted in the future; or (d) subjects, or would be reasonably likely to subject, EESI to regulation of any kind to a greater or different extent than that existing on the Effective Date as a result of its exercise of its rights or performance of its obligations under this Agreement and such increased regulation is determined by EESI, in its reasonable business judgment, to have, or be reasonably likely to have, a material adverse effect on it or its business operations, including, without limitation, regulation of EESI or any of its affiliates as a public utility, then EESI may unilaterally terminate this Agreement upon at least thirty days prior written notice to Customer. In the case of a termination as result of an event set forth under subsections (a), (b) or (c) above, EESI shall calculate its Early Termination Payment as set forth in Section 3.3.1. If the amount so calculated is a net Loss, Customer shall pay that amount to EESI, and if such amount is a net Gain, EESI shall pay that amount to Customer, such payments to be made as set forth in Section 3.3.3. In the case of a termination as a result of an event set forth under subsection (d) above, such termination shall be without any obligation (whether payment or otherwise) or other liability of either Party to the other Party, except for amounts accrued or otherwise due under Article 2 of this Agreement prior to the date of termination. Any termination under this Section 3.4 will be effective at 24:00:00, Local Time, on the last day of the then current Billing Cycle.
Other Early Termination. Notwithstanding any other provision herein to the contrary, Employer may terminate Employee's employment hereunder with cause or without cause by written notice to Employee at any time specifying the date of termination. If Employer terminates Employee without cause or if Employee terminates his or her employment hereunder with Good Reason as defined below, Employee shall be entitled to receive and Employer shall be obligated to pay, as severance: (i) an amount equal to twelve (12) months of Employee's then current Annual Salary payable in monthly installments; (ii) continuation at Employer's expense for twelve (12) months of group health insurance. Employee's employment by Employer shall be deemed to have been terminated for cause if terminated for any of the following reasons, each of which shall be "cause" for termination of Employee's employment: (i) Employee's willful failure to comply with this Agreement or perform his or her duties hereunder in any material respect, provided that Employee shall have been given ten days' written notice of such failure and an opportunity to cure; or (ii) Employee's commission of a material act of dishonesty related to performance of his or her duties or to Employer's affairs, or an act of fraud, embezzlement or any crime classed as a felony under applicable law.. Employee will be deemed to have terminated his or her employment hereunder with Good Reason if he or she terminates his or her employment within thirty (30) days after: (i) a diminution in Employee's Annual Salary of more than five percent (5%); (ii) Employee's relocation by Employer to a place of work more than thirty (30) miles from Employee's previous place of work, or (iii) a material diminution, without Employee's consent, in Employee's title or responsibilities as compared to those described in Section 3.
Other Early Termination. This Agreement shall terminate as provided in Section 3.6(b).
Other Early Termination. In circumstances other than those described above in Section 6.1 (Term) for failure of DynaMark to to enter into at least one DynaMark Agency Agreement or failure of DynaMark to maintain in effect at least one DynaMark Agency Agreement during such time during the term hereof that Customer maintains in effect at least one National Consumer Reporting Agency -Chase Agreement or in Section 6.2 (Termination Due To Bankruptcy) or Section 6.3 (Termination For Cause), this Agreement may be terminated prior to the expiration of its stated term by Customer providing DynaMark at least sixty days prior written notice of termination. This termination shall become effective within a mutually agreed time following notification. In the event of termination under this Section 6.5, DynaMark shall be, and following such termination, shall remain entitled to receive: the Termination Fee as set forth in Section 6.6 below, payment from Customer of all fees and charges properly due hereunder at the time of such termination, and full payment of all costs incurred or which DynaMark is contractually committed to incur in acquiring, maintaining and updating the Dedicated Equipment and any Other Dedicated Equipment as those terms are defined in Section C of Exhibit C which is leased or otherwise acquired by DynaMark under Section C of Exhibit C that have not already been billed to and paid by Customer, including any payment required for Customer to assume assignment or ownership of the Dedicated Equipment and any Other Dedicated Equipment or all costs related to acquiring, maintaining and updating the Dedicated Equipment and any Other Dedicated Equipment that have already been contractually committed to by DynaMark in accordance with the terms hereof, if assignment or ownership transfer is not permitted by the Third Party provider.
Other Early Termination. In the event Tenant terminates this lease for any other reason other than as stated in Paragraphs 25.A or 25.B, then Tenant shall be liable as provided in Paragraph 22.B.
Other Early Termination. If (a) any of the Rules or Acts are amended, modified, repealed, reenacted, altered, found unconstitutional or unlawful, or changed in any fashion, whether by legislative or agency act, judicial decision or otherwise, and, as a result of such changes, EESI’s performance under this Agreement or any Transaction becomes illegal or otherwise in violation of such Rules or Act; or (b) EESI or its activities hereunder become subject to regulation of any kind whatsoever under any Law to a greater or different extent than that existing on any Transaction Effective Date and such regulation either (i) renders this Agreement or any Transaction unenforceable or illegal, and/or (ii) results in EESI being regulated as a public utility, then EESI may unilaterally terminate this Agreement or any affected Transaction upon at least thirty days prior written notice to Customer, without any obligation (whether payment or otherwise) or other liability to Customer, which termination will be effective at 24:00:00, Local Time, on the date thirty days from such notice.
Other Early Termination. We may additionally terminate this Agreement without further liability of either Party, upon 30 days prior notice if (i) we are deemed to be a public utility, (ii) applicable Law or Rules change and result in this Agreement being illegal or unenforceable, or we are, as result of such change, no longer permitted to sell energy to you or (iii) if the Utility fails or refuses to perform its obligations to you or us, including failure to effect a Utility Transfer Date within six (6) months of the Effective Date.
Other Early Termination
