Remedies and Termination. In addition to any other of RIM’s rights or remedies set forth in this Agreement:
Remedies and Termination. If any Party hereto believes another Party has breached this Agreement, it shall provide written notice of the breach. If the breach is not cured within sixty (60) days, remedies may include specific performance, termination of this Agreement, damages, and any other relief allowed by law. Should this Agreement be properly terminated, the Developer if terminated prior to meeting all of the Developer’s obligations under Sections 2 – 4), or the Town if the Developer’s License Agreement had previously terminated under Section 4.b hereof, shall remove at its sole cost and expense the Ditch Crossing and all structures necessary to return the SBCC Pipeline and the Ditch Company Property to a condition which, at a minimum, is equivalent to the condition of the SBCC Pipeline and the Ditch Company Property prior to the initiation of Construction and reasonably acceptable to the Ditch Company. In the event of such termination, all relevant portions of this Agreement shall survive termination of the Agreement until such time as the Ditch Crossing and structures are removed and the condition of the SBCC Pipeline and the Ditch Company Property is restored. The Developer or the Town may, at any time unrelated to termination, remove the Ditch Crossing and restore the SBCC Pipeline and Ditch Company Property at no cost to the Ditch Company prior to termination of the License Agreement. However, the removal of the Ditch Crossing and restoration of the SBCC Pipeline and Ditch Company Property, whether due to termination of this Agreement or otherwise, shall be subject to all provisions of this Agreement, including but not limited to Sections 2 and 3 hereof, similar to the original Construction, and shall require prior approval by the Ditch Company regarding any necessary plans or specifications, and shall not adversely affect the Ditch Company Rights. Any costs incurred by the Ditch Company associated with the removal of the Ditch Crossing and restoration of the SBCC Pipeline and Ditch Company Property shall be reimbursed by the entity doing the work (Developer or Town) pursuant to Section 8, above.
Remedies and Termination. If after notice and expiration of the cure periods and procedures set forth in Section 5.1, the alleged Event of Default is not cured, the non-defaulting Party, at its option, may institute legal proceedings pursuant to Sections 5.3 or 5.4 of this Development Agreement and/or terminate this Development Agreement. In the event that this Development Agreement is terminated pursuant to this Section 5.2 and litigation or mediation is instituted which results in a final decision that such termination was improper, then this Development Agreement shall immediately be reinstated as though it had never been terminated.
Remedies and Termination. For purposes of this section the State Remedies and Termination provisions above apply as written.
Remedies and Termination. 7.1 (a) The Seller Indemnifiable Warranties (other than the Fundamental Warranties and Seller Indemnifiable Tax Warranties) and the covenants and agreements contained herein of the Parent and the Seller, including the Pre-Completion Covenants to be performed by the Parent or the Seller, shall survive until the date that is 24 months after the Completion Date. The aggregate Losses for which the Parent and the Seller shall be liable to the Purchaser and the Purchaser Indemnitees in respect of all breaches of all Seller Indemnifiable Warranties (other than the Fundamental Warranties) shall not exceed US$1.0 billion, provided that with respect to breaches of Seller Indemnifiable Warranties (other than the Fundamental Warranties), the Parent and the Seller shall not be liable for any Losses unless the aggregate amount of all such Losses exceeds on a cumulative basis US$40.0 million (the “Basket Amount”) and then only to the extent such aggregate Losses exceed the Basket Amount. The Fundamental Warranties shall survive indefinitely after the Completion Date. The Seller Indemnifiable Tax Warranties shall survive until the date that is 36 months after the Completion Date, provided, for the avoidance of doubt, neither the Parent nor the Seller shall be liable for breach of such warranties with respect to any Losses in respect of Current Tax Liabilities used to determine clause (a) of the Aggregate Current Tax Liability Payment. All Warranties other than the Seller Indemnifiable Warranties and the Fundamental Warranties shall terminate and be extinguished as of the Completion Date, and the Parent and the Seller shall have no liability with respect to such Warranties after the Completion Date.
Remedies and Termination. 1) The termination, cancellation and extension of this Agreement shall be conducted in compliance with the Labor Employment Law of the People’s Republic of China, as well as relevant provincial and municipal regulations.
Remedies and Termination. If, after notice and expiration of the cure periods and procedures set forth in Sections 7.1 and 7.2, the alleged Event of Default is not cured, the non-defaulting Party shall commence mediation in accordance with Section 7.4 below and if such mediation is unsuccessful, the non-defaulting Party may, at its option, institute legal or judicial reference proceedings pursuant to Section 7.6 of this Development Agreement and/or terminate this Development Agreement pursuant to Section 7.7 herein. In the event that this Development Agreement is terminated pursuant to Section 7.7 herein and litigation or judicial reference is instituted that results in a final decision that such termination was improper, then this Development Agreement shall immediately be reinstated as though it had never been terminated.
Remedies and Termination. (a) If either party breaches or threatens to breach this Agreement, the other party shall be entitled to seek monetary damages for such breach and injunctive relief to enforce this Agreement and require performance of all obligations hereunder.
Remedies and Termination. 15.1 ACL shall have the right, prior to payment to ACL of the Invoice Total, to suspend its performance under this Agreement by written notice to Purchaser and forthwith remove and take possession of any Equipment and Software which has been delivered if Purchaser shall: (a) become insolvent; (b) have a receiver or manager appointed over the whole or any part of its assets or business; (c) make any composition or arrangement with its creditors; (d) take or suffer any similar action in consequence of debt, or an order or resolution is made for its dissolution or liquidation (other than for the purpose of amalgamation or reconstruction); or (e) if Purchaser attempts to resell the Equipment or Software without the consent of ACL.
Remedies and Termination. Either party may terminate this Agreement in the event of the other party's material default, as set forth in Section 10, which remains unresolved for a period of sixty (60) days following written notice by the non-defaulting party. GTEMC may terminate this Agreement, without liability to Customer, in any of the areas set forth on Exhibit A, wherein GTEMC or an affiliate company sells, ceases to own, manage or operate the network therein. Should GTEMC terminate this Agreement, the Customer shall be entitled to a refund of any payment made in advance of the actual provision of services.
