RESCISSION; TERMINATION Sample Clauses

RESCISSION; TERMINATION. You may rescind or terminate this Agreement as provided below.
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RESCISSION; TERMINATION. 1. Without prejudice to any other claims, We have recourse to the full range of statutory rights of rescission and termination. 2. In particular, We may rescind the agreement in whole or in part if: a) We have substantially less demand as a result of force majeure, industrial disputes, interruptions to operations for which We are not responsible, riots and unrest, regulatory action or unavoid- able events; or b) the goods to be delivered are intended for on-supply to a third party and the agreement with such third party fails to be per- formedfor reasons for which We are not responsible, in particu- lar if insolvency or similar proceedings are instituted against assets of the third party, or the third party otherwise suffers fi- nancial collapse or discontinues operations. 3. We are further entitled to terminate agreements stipulating a statu- tory right of termination with immediate effect if: a) the Contractor is responsible for the breach of a material con- tractual obligation, specifically any breach of condition pursu- ant to clause II. nos. 5 and 6; b) the Contractor discontinues its operations or threatens to do so; or c) an application to institute insolvency proceedings is filed against the Contractor, or We receive a written credit report in- dicating that the Contractor is not creditworthy. 4. We may, on two weeks' notice, terminate continuing obligations at any time even where none of the aforementioned grounds exist. 5. In the event of termination pursuant to § 649 BGB, We will pay for completed parts of goods and services that are free of defects on a pro rata basis. We will pay for uncompleted parts in accordance with the terms of § 649 BGB, however subject to a maximum profit of 4%.
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RESCISSION; TERMINATION. 1. Without prejudice to any other claims, We have recourse to the full range of statutory rights of rescission and termination. 2. We may in particular rescind the contract, either in whole or in part, if Our requirements are reduced as a result of an event of force majeure, industrial disputes, interruptions to operations for which We are not responsible, riots and unrest, regulatory action or unavoidable events, or 3. We are further entitled to terminate agreements stipulating a statutory right of termination with immediate effect if: a) the Contractor is responsible for the breach of a material contractual obligation; b) the Contractor discontinues its operations or threatens to do so; or c) an application to institute insolvency proceedings is filed against the Contractor, or We receive a written credit report indicating that the Contractor is not creditworthy. 4. We may, on two weeks' notice, terminate continuing obligations at any time even where none of the aforementioned grounds exist. 5. If We exercise a right of termination to which We are entitled by contract or by law, the goods/services provided up to that point shall be billed at the contractually stipulated prices only to the extent that We can use them as intended. Goods/services shall be billed in accordance with the agreement and shall take into account any compensation payable to Us for loss or damage as well as any contractual penalty owed.
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RESCISSION; TERMINATION. If you are a residential customer, you may rescind this Agreement, without fees or penalties of any kind, at any time prior to midnight of the third business day after you received this written Agreement (“Rescission Period”). To terminate or rescind this Agreement, you must notify Company as detailed in Section 13 or your Utility. Please provide your name, address, phone number, account number and a statement that youare rescinding or terminating the Agreement. Rescission is effective immediately. Termination will be processed immediately but is effective upon your Utility processing your termination and you are obligated to pay for the Services provided pursuant to this Agreement until you are returned to your Utility or alternative supplier. If you are a small business customer and selected a Fixed Rate, unless otherwise stated in your Enrollment Documentation, your early termination fee for each Service is equal to the greater of (i) $150.00, or (ii) liquidated damages which you agree is the Remaining Contract Quantity times the greater of (A) contract price less Market Price at the time of the termination, or (B) $0.02/kWh or $0.20/Ccf/therm. Remaining Contract Quantity shall mean the total estimated usage for the period remaining in the Fixed Term of this Agreement at the time of termination, based on Buyer’s historical usage or Company’s estimated usage calculated in a commercially reasonable manner. The Market Price for the remainder of the Fixed Term will be determined by Company in a commercially reasonable manner. Company may terminate this Agreement upon at least 15 calendar days’ notice to you.
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RESCISSION; TERMINATION. 14.1. Without prejudice to any other claims, XXXXXX has recourse to the full range of statutory rights of rescission and termination. 14.2. In particular, CHETRA may rescind the agreement in whole or in part if: a) CHETRA has substantially less demand as a result of force majeure, industrial disputes, in- terruptions to operations for which CHETRA is not responsible, riots and unrest, regulatory action or unavoidable events; or b) the goods to be delivered are intended for on-supply to a third party and the agreement with such third party fails to be performed for reasons for which XXXXXX is not responsible, in particular if insolvency or similar proceedings are instituted against assets of the third party, or the third party otherwise suffers financial collapse or discontinues operations. 14.3. CHETRA is further entitled to terminate agreements stipulating a statutory right of termination with immediate effect if: a) the Contractor is responsible for the breach of a material contractual obligation; b) the Contractor discontinues its operations or threatens to do so; or c) an application to institute insolvency proceedings is filed against the Contractor. 14.4. In case of proper termination the Contractor shall be entitled to request the agreed remuneration from CHETRA. The Contractor has to credit against costs saved on account of the termination of the contract.
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RESCISSION; TERMINATION. 4.1 If the Customer does not fulfil one or more of its obligations (or does not do so in a timely or proper manner), is declared insolvent, is granted a temporary or other suspension of payments, or liquidates its business, the Transport Provider may – at its discretion and while retaining any right it has to compensation of costs, damage and interest – suspend the performance of the agreement or rescind the agreement in whole or in part through a written statement (without a prior notice of default). 4.2 If the Customer wants to terminate the agreement without there having been any breach by the Transport Provider and the Transport Provider consents to this, the agreement shall be terminated by mutual agreement.
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RESCISSION; TERMINATION. (a) Medjet and the Investors agree to rescind, on a pro rata basis (as set forth opposite each Investor's name on the signature pages hereof), the purchase of 5,600 shares of Series B Preferred Stock and 560,000 Purchased Warrants (the "Rescission"), effective on January 24, 2000 (the "Rescission Date"). (b) On the Rescission Date, (i) each Investor shall deliver to Medjet the certificate or certificates for the Series B Preferred Stock purchased by such Investor and the warrants for Purchased Warrants purchased by such Investor, (ii) Medjet shall issue and deliver to each Investor a certificate or certificates for such Investor's portion of the Series B Preferred Stock that is not subject to rescission hereunder and warrants for such Investor's portion of the Purchased Warrants that is not subject to rescission hereunder, and (iii) Medjet shall deliver to each Investor or its designee by wire transfer to an account designated by such Investor, an amount equal to the purchase price of the rescinded portion of the Purchased Securities purchased by such Investor, as set forth opposite such Investor's name on the signature pages hereof. (a) Medjet and Xxxx Xxxxx hereby terminate the Investment Banking Agreement, and Xxxxxx and the Investors hereby terminate the Letter Agreement and the Joint Escrow Instructions (collectively, the "Termination"), effective on the Rescission Date. (b) On the Rescission Date, (i) Xxxx Xxxxx shall deliver to Medjet the warrants for 500,000 Investment Banking Warrants and (ii) Medjet shall issue and deliver to Xxxx Xxxxx warrants for 325,000 Investment Banking Warrants (a) On the Rescission Date, the Escrow Holder shall deliver to Xxxxxx the Escrow Shares. The Investors and Xxxxxx hereby expressly authorize and direct the Escrow Holder to deliver the Escrow Shares to Xxxxxx concurrently with the consummation of the Rescission and Termination. Effective upon the delivery of the Escrow Shares, the Escrow Holder is released from any and all liability arising from its execution or performance of the Escrow Instruction Letter.
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RESCISSION; TERMINATION. The Customer has no statutory right of rescission due to non-performance or a performance not as agreed upon, if CMORE cannot be held responsible for the corresponding breach of duty.
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RESCISSION; TERMINATION 
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Related to RESCISSION; TERMINATION

  • Suspension; Termination If Borrower voluntarily suspends its business or, the partnership is dissolved or terminated, other than a technical termination of the partnership for tax purposes.

  • Lease Termination Notwithstanding any other provisions in this Lease, this Lease will terminate and the Tenant must immediately vacate the Leased Premises upon: (i) The date on which the Tenant is no longer enrolled as a student in a course of full-time study at the University of Toronto Mississauga, provided that the Tenant shall be deemed to be enrolled as a student in a course of full-time study to the last day of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study. (ii) The Landlord and the Tenant agree that, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privileges, and interests, and this is grounds for the Landlord to terminate the Lease. (iii) The provisions of this subparagraph 7(k) are strictly for the benefit of the Landlord. The Landlord may, in its sole discretion, elect to waive any or all provision(s) of this subparagraph 7(k) and require the Tenant to remain in occupation of the Leased Premises to the end of the term of the Lease. Alternatively, if the Landlord (at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord and the Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the Lease. (iv) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights. (v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain date, and the Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, all legal costs incurred by the Landlord, such legal costs to be computed on a full indemnity basis.

  • Release; Termination (a) Upon any sale, lease, transfer or other disposition of any item of Collateral of any Grantor in accordance with the terms of the Loan Documents (other than sales of Inventory in the ordinary course of business), the Administrative Agent will, at such Grantor’s expense, execute and deliver to such Grantor such documents as such Grantor shall reasonably request to evidence the release of such item of Collateral from the assignment and security interest granted hereby; provided, however, that (i) at the time of such request and such release no Default shall have occurred and be continuing, (ii) such Grantor shall have delivered to the Administrative Agent, at least ten Business Days prior to the date of the proposed release, a written request for release describing the item of Collateral and the terms of the sale, lease, transfer or other disposition in reasonable detail, including, without limitation, the price thereof and any expenses in connection therewith, together with a form of release for execution by the Administrative Agent and a certificate of such Grantor to the effect that the transaction is in compliance with the Loan Documents and as to such other matters as the Administrative Agent may request and (iii) the proceeds of any such sale, lease, transfer or other disposition required to be applied, or any payment to be made in connection therewith, in accordance with Section 2.06 of the Credit Agreement shall, to the extent so required, be paid or made to, or in accordance with the instructions of, the Administrative Agent when and as required under Section 2.06 of the Credit Agreement. (b) Upon the latest of (i) the payment in full in cash of the Secured Obligations, (ii) the Termination Date and (iii) the termination or expiration of all Letters of Credit and all Secured Hedge Agreements, the pledge and security interest granted hereby shall terminate and all rights to the Collateral shall revert to the applicable Grantor. Upon any such termination, the Administrative Agent will, at the applicable Grantor’s expense, execute and deliver to such Grantor such documents as such Grantor shall reasonably request to evidence such termination.

  • Survival; Termination The representations, warranties, and covenants of the respective parties shall survive the Closing Date and the consummation of the transactions herein contemplated for a period of two years.

  • SUSPENSION & TERMINATION FOR DEFAULT Enterprise Services may suspend Contractor’s operations under this Master Contract immediately by written cure notice of any default. Suspension shall continue until the default is remedied to Enterprise Services’ reasonable satisfaction; Provided, however, that, if after thirty (30) days from such a suspension notice, Contractor remains in default, Enterprise Services may terminate Contractor’s rights under this Master Contract. All of Contractor’s obligations to Enterprise Services and Purchasers survive termination of Contractor’s rights under this Master Contract, until such obligations have been fulfilled.

  • Final Termination Unless terminated at an earlier date by mutual agreement of the parties hereto, this Agreement shall terminate upon the first to occur of the following: (a) the last Serviced Appointment is terminated, matured or expired under the terms of the applicable Serviced Corporate Trust Contract and all Trust Assets in respect thereof have been fully distributed, (b) the last Serviced Appointment is Transferred to the applicable Purchaser, (c) the applicable Seller has resigned from the last Serviced Appointment if permitted under Section 7.2 below or (d) the applicable Seller is removed from appointment or the applicable Seller’s appointment is terminated with respect to the last Serviced Appointment in accordance with this Agreement, the applicable Serviced Corporate Trust Contract or any other agreement between the parties hereto entered into on or prior to the date hereof. Upon termination of this Agreement in accordance with this Section 7.1, each party’s further rights and obligations hereunder, other than the provisions of Section 8 and Section 9, shall terminate and be of no further force and effect and no party shall have any liability hereunder, except that neither the Sellers nor the Purchasers shall be relieved or released from any liabilities or damages arising out of its breach of any provision of this Agreement prior to termination.

  • Expiration/Termination Upon expiration of the Service Period or termination pursuant to Section 7 of the General Terms, Customer shall immediately cease use of the Service and return or destroy (in accordance with Avaya’s instructions) any Deliverables provided to Customer in connection with the Service, including any Avaya’s Intellectual Property. Upon request, Customer shall certify in writing to Avaya that Customer has complied with this provision and Avaya may provide such certification to its suppliers.

  • Purchase Termination If (i) TRS shall file a petition or commence a Proceeding (A) to take advantage of any Debtor Relief Law or (B) for the appointment of a trustee, conservator, receiver, liquidator, or similar official for or relating to TRS or all or substantially all of its property, (ii) TRS shall consent or fail to object to any such petition filed or Proceeding commenced against or with respect to it or all or substantially all of its property, or any such petition or Proceeding shall not have been dismissed within sixty (60) days of its filing or commencement, or a court, agency, or other supervisory authority with jurisdiction shall have decreed or ordered relief with respect to any such petition or Proceeding, (iii) TRS shall be unable, or shall admit in writing its inability, to pay its debts generally as they become due, (iv) TRS shall make an assignment for the benefit of its creditors or (v) TRS shall voluntarily suspend payment of its obligations (each, an “Insolvency Event”); then TRS shall immediately cease to sell Receivables to RFC VIII and shall promptly give notice to RFC VIII, the Owner Trustee and the Indenture Trustee of such Insolvency Event. Notwithstanding any cessation of the sale to RFC VIII of additional Receivables, Receivables sold to RFC VIII prior to the occurrence of such Insolvency Event and Collections in respect of such Receivables shall continue to be property of RFC VIII available for transfer by RFC VIII to the Trust pursuant to the Transfer Agreement. To the extent that it is not clear to TRS whether collections relate to a Receivable that was sold to RFC VIII or to a receivable that TRS has not sold to RFC VIII, TRS agrees that it shall allocate payments on each Account with respect to the principal balance of such Account first to the oldest principal balance of such Account.

  • Cancellation/Termination EY may terminate this Purchase Order in whole or in part, with or without cause, at any time and without liability, upon written notice to Supplier. In the event of any termination, Supplier shall promptly refund to EY any fees paid for Services or Work Product(s) that have not been provided as at the effective date of termination, and no further fees shall be due from EY in respect of the Services or Work Product(s). Termination or expiry of this Purchase Order for any reason shall not affect the accrued rights and obligations of the parties at the date of termination or expiry (as applicable).

  • Automatic Termination This Agreement shall automatically and immediately terminate in the event of its “assignment” (as defined in the 1940 Act).

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