Other Grounds. Notwithstanding any provisions in this Agreement, District, at District’s sole discretion and upon written notice to University, shall have the right to terminate this Agreement effective on the date stated in District’s written notice in the event District determines, at its sole discretion, that University or its students (i) is unable or unwilling to participate in the program or meet any obligation or duty as described or made necessary by the Agreement, (ii) changes the nature of its business so that it is not compatible with the mission or needs of the District or University and/or any of its students are involved in any incident or activity which embarrasses, creates unwelcome scrutiny or attention, or otherwise causes or threatens harm to the reputation of the District, or (iii) fails to comply with federal, state, and/or local laws applicable to University’s participation in the program under thisAgreement.
Other Grounds. Notwithstanding any provisions in this Agreement, District, at District’s sole discretion and upon written notice to Contractor, shall have the right to terminate this Agreement effective on the date stated in District’s written notice in the event District determines, at its sole discretion, that Contractor (i) is unable or unwilling to perform the Work or meet any obligation or duty as described or made necessary by the Agreement, (ii) changes the nature of its business so that it is not compatible with the mission or needs of the District or is involved in any incident or activity which embarrasses, creates unwelcome scrutiny or attention, or otherwise causes or threatens harm to the reputation of the District, or (iii) fails to comply with federal, state, and/or local laws applicable to Contractor’s performance of the Work under this Agreement.
Other Grounds. FCSS may terminate the Contract effective on the date stated in FCSS’ written notice of termination to Contractor pursuant to any of the following: (A) Contractor is required to but fails to provide to FCSS and/or comply with the Fingerprinting Certification or the Sole Proprietor Fingerprinting Addendum; (B) Contractor is required to but fails to provide to FCSS and/or comply with the TB Certification; (C) FCSS, federal or state agency, and/or any entity from which FCSS receives or is to receive funds to pay for the Contract reduce or eliminate some or all such funds, or fail or determine not to appropriate sufficient funds to make future payments under the Contract; (D) a government or issuing agency revokes, suspends, places on probation, or non-renews any License that Contractor must hold to perform the Contract; (E) Contractor assigns, transfers, or subcontracts any or all of Contractor’s obligations and/or rights under the Contract in breach of Section 7.3; (F) Contractor fails to maintain and provide written proof of insurance as required by Article 4; or (G) Contractor is required to provide particular staff to perform the Contract but such staff is not able, not willing, or not available to perform the Contract.
Other Grounds. Any motion for a new trial grounded on any reason other than newly dis- covered evidence must be filed within 14 days after the verdict or finding of guilty. (As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005; Mar. 26, 2009, eff. Dec. 1, 2009.) NOTES OF ADVISORY COMMITTEE ON RULES—1944 This rule enlarges the time limit for motions for new trial on the ground of newly discovered evidence, from 60 days to two years; and for motions for new trial on other grounds from three to five days. Otherwise, it substantially continues existing practice. See Rule II of the Criminal Appeals Rules of 1933, 292 U.S. 661. Cf. Rule 59(a) of the Federal Rules of Civil Procedure [28 U.S.C., Appendix]. NOTES OF ADVISORY COMMITTEE ON RULES—1966 AMENDMENT The amendments to the first two sentences make it clear that a judge has no power to order a new trial on his own motion, that he can act only in response to a motion timely made by a defendant. Problems of dou- ble jeopardy arise when the court acts on its own mo- tion. See United States v. Smith, 331 U.S. 469 (1947). These amendments do not, of course, change the power which the court has in certain circumstances, prior to verdict or finding of guilty, to declare a mistrial and order a new trial on its own motion. See e.g., Gori v. United States, 367 U.S. 364 (1961); Do num v. United States, 372 U.S. 734 (1963); United States v. Tateo, 377 U.S. 463 (1964). The amendment to the last sentence changes the time in which the motion may be made to 7 days. See the Advisory Committee’s Note to Rule 29. NOTES OF ADVISORY COMMITTEE ON RULES—1987 AMENDMENT The amendments are technical. No substantive change is intended. COMMITTEE NOTES ON RULES—1998 AMENDMENT As currently written, the time for filing a motion for new trial on the ground of newly discovered evidence runs from the ‘‘final judgment.’’ The courts, in inter- preting that language, have uniformly concluded that that language refers to the action of the Court of Ap- peals. See, e.g., United States v. Reyes, 49 F.3d 63, 66 (2d Cir. 1995)(citing cases). It is less clear whether that ac- tion is the appellate court’s judgment or the issuance of its mandate. In Reyes, the court concluded that it was the latter event. In either case, it is clear that the present approach of using the appellate court’s final judgment as the triggering event can cause great ...
Other Grounds. FCSS may terminate this Master Contract effective on the date stated in FCSS’ written notice of termination to Contractor pursuant to any of the following: (A) Contractor fails to provide to FCSS and/or comply with the Fingerprinting Certification; (B) Contractor fails to provide to FCSS and/or comply with the TB Certification; (C) Contractor’s legal rights to exist or conduct business in California has been revoked or terminated by the California Secretary of State, another agency, or a court; and/or (D) Contractor’s legal rights to exist or conduct business in California has been suspended or rendered inactive by the California Secretary of State, another agency, or a court and such suspension lasts more than 30 consecutive days.
Other Grounds. Lender may require immediate payment in full of all outstanding principal and accrued interest, upon approval by an authorized representative of the Secretary, if:
(i) The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principal residence of at least one other Borrower;
(ii) For a period of longer than 12 consecutive months, a Xxxxxxxx fails to physically occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower; or
(iii) An obligation of the Borrower under the Security Instrument is not performed.
Other Grounds. Lender may require immediate payment in full of all outstanding principal and accrued interest, if:
(i) The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principal residence of at least one other Borrower;
(ii) For a period of longer than 12 consecutive months, a Xxxxxxxx fails to physically occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower; or
(iii) An obligation of the Borrower under the Security Instrument is not performed.
Other Grounds. In addition to termination rights provided elsewhere in this Agreement, either of us may terminate this Agreement upon written notice to the other if the other:
(i) Materially breaches this Agreement and does not cure the breach within 30 days after written notice of the breach or
(ii) makes an assignment for the benefit of creditors, or (only for business users)
(iii) is assigned a Xxxxx’x debt rating of Caa or lower or the equivalent thereof (only for business users), or
(iv) makes a statement in writing of a general inability to pay debts when due. We may also terminate this Agreement upon written notice to you if you
(v) breach your obligations under Section 1 (The Service) above; or
(vi) fail to pay any non-disputed portion of any bill on or before the Due Date, and further fail to make such payment within 15 days after written notice of nonpayment. But, we may not treat as a breach of this Agreement any failure to comply with any amendment to either our Website Terms or Acceptable Use Policy when the failure occurs within 10 business days after the amendment is posted on our website.
Other Grounds. This Agreement may be terminated or permitted to expire as expressly provided elsewhere in this Agreement.
Other Grounds. ICT may terminate the Agreement in the event that (i) Visa and its Regions fail to provide ICT with the opportunity (at ICT's own cost) to present and demonstrate the Service to at least 10 substantial Members, including at least one of its largest Members in each target Region, within the first 12 months of the Term, and (ii) such failure persists for 30 days after ICT's provision of written notice hereunder. Visa may terminate this Agreement in the event that (x) Visa determines in its discretion that ICT has failed to adhere to adequate standards of quality, timeliness, or customer service in its offering to or provision of the Service to any Member or Region, and (y) such failure remains uncured to Visa's reasonable satisfaction for a period of 30 days following Visa's provision of written notice hereunder.
