Other Rights of Termination. (a) VicForests may terminate this Agreement immediately by providing written notice to the Contractor if the Contractor is issued a notice for Serious and Wilful Misconduct:
(i) where the action constituting the Serious and Wilful Misconduct does not permit a remedy or, in VicForests reasonable opinion, it is not possible to tender fair compensation or take such other steps to address the failure; or
(ii) where the Contractor has been previously been issued with a notice for Serious and Wilful Misconduct, and to avoid any doubt, although XxxXxxxxxx has the right to exercise its rights to immediate termination it is not obliged to exercise such right immediately and may exercise such right at a later date.
(b) Without limiting or derogating from any other rights of VicForests under this Agreement, where this Agreement has been terminated pursuant to clauses 14.2(b)(iv), paragraph
(a) above or paragraph (e) below, VicForests shall have the right to move the Equipment and engage another contractor to provide the Services, and the cost of moving the Equipment and any difference in the cost of the contractor so engaged which is above the Contractor’s rates shall be borne by the Contractor.
(c) Subject to clauses 14.2(b), paragraph (a) above or paragraph (e) below, either VicForests or the Contractor may terminate the Agreement by providing to the other Party:
(i) 24 months’ notice; or
(ii) notice comprising such number of months remaining in the Term, whichever is the lesser.
(d) The Contractor shall be entitled to terminate the Agreement immediately by notice in writing to VicForests where VicForests commits a material breach of the Agreement and within 14 days of receiving a request from the Contractor to remedy that breach has:
(i) failed to remedy the breach to the satisfaction of the Contractor (acting reasonably); or
(ii) where the failure does not permit a remedy, fails to tender fair compensation to the Contractor or take such other steps to address the failure as are satisfactory to the Contractor (acting reasonably) as being appropriate in the circumstances.
(e) In addition to any other right to terminate this Agreement VicForests shall be entitled to terminate the Agreement immediately by notice in writing to the Contractor if the Contractor fails to comply with clause 5.6(g).
Other Rights of Termination. Nothing in this clause 13 limits any other express right of termination set out in this agreement. The Parties agree to waive any rights that any Party may have pursuant to the provisions of Article 1266 of the Indonesian Civil Code, to the extent that prior judicial approval is required for cancellation of this agreement or early termination of this agreement.
Other Rights of Termination. The Parties’ rights to terminate this Agreement shall be limited to those expressly set out in this Agreement.
Other Rights of Termination. VO or GV on the one hand and TSC and VG on the other hand, may immediately terminate this Agreement if: (a) VO or GV on the one hand or TSC or VG on the other hand, as applicable, is not able to pay its debts in the ordinary course of business, or shall admit in writing to its inability to pay its debts generally, or shall make a general assignment for the benefit of creditors or any proceeding having sufficient legal and factual grounds shall be instituted by or against such party seeking to adjudicate it bankrupt or insolvent, or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of it or its debts under any Law relating to bankruptcy, insolvency or reorganization, or relief of debtors, or seeking the entry of an order for relief or the appointment of a receiver, trustee, or other similar official for it or for any substantial part of its property and such proceeding shall not be stayed or dismissed within sixty (60) days from the date of institution thereof, or (b) VO or GV on the one hand and TSC or VG on the other hand shall take any corporate action to authorize any of the actions set forth in clause (a) above.
Other Rights of Termination. The EWC may terminate this Agreement by giving written notice to MHI of such termination upon the occurrence of any of the following events:
7.2.1 any material breach of this Agreement by MHI or EWC;
7.2.2 dissolution of MHI or EWC for any reason;
Other Rights of Termination. The EWC may terminate this Agreement by giving written notice to MHI of such termination upon the occurrence of any of the following events:
7.2.1 any material breach of this Agreement by MHI or EWC;
7.2.2 dissolution of MHI or EWC for any reason;
7.2.3 if MHI shall be restrained, prevented or hindered for a continuous period of sixty (60) days from transacting a substantial part of its business by reason of a judgment, decree, order, rule or regulation of any court, or of any administrative or governmental authority or agency; or
7.2.4 if MHI and or the EWC shall become subject to any action or proceeding in the nature of a bankruptcy proceeding under United States or other law or shall make an arrangement with its creditors, or shall make an assignment for the benefit of its creditors, or a receiver, custodian, trustee, liquidator or comparable officer shall be appointed for MHI and or the EWC or its businesses.
7.2.5 MHI may terminate this Agreement at any time by giving 30-day written notice to the EWC. Such termination shall not relieve MHI from the requirement to make the payments under Section 3.3 above.
Other Rights of Termination. (A) If Level 3's installation of Service is delayed for more than thirty (30) business days beyond the Customer Commit Date for reasons other than an Excused Outage, Customer may terminate and discontinue the affected Service upon written notice to Level 3 and without payment of any applicable termination charge; provided such written notice is delivered prior to Level 3 delivering to Customer the Connection Notice for the affected Service. This Section 4.4(A) shall not apply to any Off-Net Local Loop Service, including, without limitation, (3)LinkSM Metropolitan Private Line (Off-Net) Service, provisioned by Level 3 through a third party carrier for the benefit of Customer.
(B) Customer may terminate and discontinue affected Service prior to the end of the Service Term without payment of any applicable termination charge if: (i) such Service is Unavailable (as defined below) on two or more separate occasions of more than eight (8) hours each in any thirty (30) day period ("First Unavailability Event"); and (ii) following written notice thereof from Customer to Level 3 within the thirty (30) day period following the First Unavailability Event, the same Service is Unavailable for more than twelve (12) hours at any time within the ninety (90) day period following the First Unavailability Event. For purposes of the foregoing, "Unavailable" shall mean a total interruption in Service, except for any interruption that is an Excused Outage. The duration of any interruption will commence when Customer reports an outage to the Level 3 Customer Service and Support Organization (1-877-4LEVEL3) and will end when the Service is operative. Customer may only terminate Service that is Unavailable, and must exercise its right to terminate any affected Service under this Section, in writing, within thirty (30) days after the event giving rise to a right of termination hereunder. This
Other Rights of Termination. (a) CONFIDENTIAL TERMS HAVE BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
(b) Either party may terminate this Agreement for a material breach by the other of any provision of this Agreement other than for a breach specifically provided for in 4.3 above, if any such breach is not cured within thirty (30) days after the non-breaching gives written notice of such breach to the other. Any such termination shall be effective as of the date of expiration of the cure period.
Other Rights of Termination a) In lieu of any Service Level credits for installation delays, if FirstLight’s installation of Service is delayed for more than thirty (30) business days beyond the Customer Commit Date for reasons other than an Excused Outage, or circumstances beyond the control of FirstLight, Customer may terminate and discontinue the affected Service upon written notice to FirstLight and without payment of any applicable termination charge; provided such written notice is delivered prior to FirstLight delivering to Customer the Completion Notice for the affected Service. This Section 5.4(a) shall not apply to any Service where FirstLight (or a third-party contractor engaged by FirstLight) is constructing Facilities in or to the Customer Premises necessary for delivery of such Service.
Other Rights of Termination. Licensor may terminate this Agreement, upon written notice to Licensee, if the Thermo Xxxxxx Agreement is terminated.
