Right of Suspension. (a) Notwithstanding any other provision of this Agreement or any related agreement to the contrary, the Issuer shall have the right, at any time, to suspend the effectiveness of the Registration Statement and offers and sales of the Registrable Securities pursuant thereto whenever, in the good faith judgment of the Issuer, (i) there exists a material development or a potential material development with respect to or involving the Issuer that the Issuer would be obligated to disclose in the prospectus used in connection with the Registration Statement, which disclosure, in the good faith judgment of the Issuer, after considering the advice of counsel, would be premature or otherwise inadvisable at such time or (ii) the Registration Statement or related prospectus or any document incorporated or deemed to be incorporated therein by reference contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances, not misleading, including without limitation that period annually during which any Registration Statement would require suspension pending the Issuer’s new fiscal year financial statements (each, a “Suspension Event”). In the event that the Issuer shall determine to so suspend the effectiveness of the Registration Statement and offers and sales of the Registrable Securities pursuant thereto, the Issuer shall, in addition to performing those acts required to be performed under the Securities Act and/or the Exchange Act or deemed advisable by the Issuer, deliver to each Holder written notice thereof, signed by the Chief Financial Officer or Chief Executive Officer of the Issuer. Upon receipt of such notice, the Holders shall discontinue disposition of the Registrable Securities pursuant to the Registration Statement and prospectus until such Holders (x) are advised in writing by the Issuer that the use of the Registration Statement and prospectus (and offers and sales thereunder) may be resumed, (y) have received copies of a supplemental or amended prospectus, if applicable, and (z) have received copies of any additional or supplemental filings which are incorporated or deemed to be incorporated by reference into such prospectus. The Issuer will exercise commercially reasonable efforts to ensure that the use of the Registration Statement and prospectus may be resumed as quickly as practicable.
(b) The Issuer’s right to suspend the effecti...
Right of Suspension. (a) Aurizon Network may, by notice in writing to the Operator and the End User prior to or immediately following the suspension, suspend the right of the Operator to operate some or all of the Train Services upon the occurrence of any one or more of the following events or circumstances:
(i) the Operator fails to pay when due any amount payable under this Agreement and such default continues for seven (7) days after notice from Aurizon Network to the Operator and the End User of the default;
(ii) the Operator fails to meet or comply with:
(A) any of its obligations under Clauses 6, 8, 9 or 12 (with the exception of Clauses 6.1(a)(v), 8.3 and 9.6) of this Agreement and Aurizon Network is of the reasonable opinion that such failure either:
(i) adversely affects or is likely to adversely affect the entitlements of any Railway Operator (other than the Operator) or other users of the Infrastructure (including Infrastructure Service Providers); or
(ii) has caused or is likely to cause an increased risk to the safety of any person or material risk to property; or
(B) the Train Service Description and Aurizon Network is of the reasonable opinion that such failure either:
(i) adversely affects or is likely to adversely affect the entitlements of any Railway Operator (other than the Operator) or other users of the Infrastructure (including Infrastructure Service Providers) and that Aurizon Network has sought to avoid such adverse effects by rescheduling Trains and changing Train priority in accordance with the Network Management Principles provided that Aurizon Network will not be obliged to take any action that may cause any additional cost or risk to Aurizon Network or an adverse impact on any Railway Operator (other than the Operator); or
(ii) has caused or is likely to cause an increased risk to the safety of any person or material risk to property;
(iii) an Insolvency Event occurs in relation to the Operator;
(iv) the Operator’s Accreditation is suspended, cancelled or amended so that it cannot perform its obligations generally under this Agreement;
(v) the Operator fails to comply with the requirements of a notice given by Aurizon Network to the Operator and the End User (within the reasonable time specified in that notice) requiring the Operator to cease conduct which in the reasonable opinion of Aurizon Network is causing or threatening to cause Serious Environmental Harm or Material Environmental Harm;
(vi) the Operator fails to effect or maintain the insur...
Right of Suspension. The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part, for such period of time as determined by the Owner. An adjustment shall be made for the increase in the cost of performing the Contract (excluding therefrom any profit to the Contractor), on the increased cost of performance caused by the suspension, delay, or interruption. No adjustment shall be made to the extent that:
i. The performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or
ii. An equitable adjustment is made or denied under another provision of the Contract Documents, or
iii. The Contractor could have mitigated the increase in cost to perform the Contract.
Right of Suspension. For so long as a Department Default set out in Section 23.1(a) has occurred and remains uncured, the Development Entity may suspend performance of the Project Services.
Right of Suspension. The Contractor is entitled to suspend fulfilment of all his obligations, including the surrender of documents or other matters to the Principal or third parties, until all payable claims against the Principal are paid in full. The Contractor may only refuse to surrender Documents after making a careful consideration of interests.
Right of Suspension. In addition to the suspension rights in Section 11.4, Jitterbit reserves the right to suspend the performance of Professional Services, Support Services, and/or Customer’s rights to use the Jitterbit Platform: (i) for Customer’s violation of its obligations under Section 3.2 above; (ii) if Jitterbit determines that the security or proper functioning of the Jitterbit Platform may be compromised due to hacking, denial of service attacks or other activities constituting or having the potential to constitute a Security Incident; (iii) if Jitterbit receives credible legal notice that Customer does not possess requisite rights to access and/or use an Third Party Application; (iv) if Jitterbit determines that Customer’s continued use may result in material harm to Jitterbit, Customer or Jitterbit’s other Customers. To the extent reasonably practicable given the nature of the issue giving rise to a suspension, Jitterbit will promptly notify Customer of such suspension in writing. Jitterbit shall use diligent efforts to the extent reasonably practicable to limit the suspension only to the affected portions of the Jitterbit Platform and will reinstate such access as promptly as possible after verifying the issue giving rise to the suspension has been satisfactorily resolved.
Right of Suspension. 7.1 The Client is not entitled to partly or wholly suspend the employment of the Employee, unless in the case of force majeure within the meaning of Section 6:75 of the Dutch Civil Code.
7.2 In deviation from paragraph 1 of this article, suspension is possible if:
1. this is agreed in writing and the duration has been confirmed; and
2. The Client demonstrates that no work is available for the time being or that the Employee cannot be employed;
3. Wiertz Company can successfully invoke exemption of the obligation to continue to pay the wages of the Employee by virtue of the Collective Agreement. The Client does not owe the Principal’s Rate for the duration of the suspension.
7.3 If the Client is not entitled to temporarily postpone the employment, yet the Client temporarily does not have work for the agency worker or is unable to employ the agency worker, the Client, for the duration of the assignment, is obliged to pay Wiertz Company the full Principal’s Rate for the number of hours and overtime per period [week, month, etc.] most recently applicable or customary by virtue of the assignment.
Right of Suspension. (a) QR Network may, by notice in writing to the Operator prior to or immediately following the suspension, suspend the right of the Operator to operate some or all of the Train Services upon the occurrence of any one or more of the following events or circumstances:
(i) the Operator fails to pay when due any amount payable under this Agreement and such default continues for seven (7) days after notice from QR Network to the Operator of the default;
(ii) the Operator fails to meet or comply with:
Right of Suspension. (a) QR Network may subject to Clause 20.2, by notice in writing to the Operator prior to or immediately following the suspension, suspend the right of the Operator to operate some or all of the Train Services upon the occurrence of any one or more of the following events or circumstances:
(i) the Operator fails to pay when due any amount payable under this Agreement and such default continues for seven (7) days after notice from QR Network to the Operator of the default;
(ii) an End User:
(A) fails to pay when due any amount payable under a relevant End User Access Agreement and such default continues for seven (7) days after notice from QR Network to the End User of the default;
(B) fails to establish, maintain or replace the Security Deposit as defined under, and in accordance with, the relevant End User Access Agreement and such default continues for seven (7) days after notice from QR Network to the End User of the default;
(C) fails to obtain, maintain or replace any relevant insurances under, and in accordance with, the relevant End User Access Agreement and such default continues for seven (7) days after notice from QR Network to the End User of the default;
(D) is subject to an Insolvency Event and such default continues for seven (7) days after notice to the End User of the default;
(E) purports to assign or transfer the whole or any part of its rights or obligations under the relevant End User Access Agreement, other than in accordance with that agreement, and such default continues for seven (7) days after notice from QR Network to the End User of the default, but any such suspension shall be lifted immediately that the End User remedies (to the reasonable satisfaction of QR Network) the relevant failure, matter or circumstance;
(iii) the Operator fails to meet or comply with:
Right of Suspension. If Licensee fails either to make any payment required under this Agreement, including timely payments to Contractors for Make-Ready Work, or to perform timely any material obligation under this Agreement, and such default continues for thirty (30) days after the date the payment or performance is due, then, in addition to any other available right or remedy, COA may, upon written notice to Licensee, immediately suspend all Attachment Licenses of Licensee and decline to review any application for Attachment Licenses of Licensee, until such time as the default is cured. The payment under protest of a disputed amount in order to avoid, or lift, suspension of Attachment Licenses shall not prejudice the rights of Licensee to continue the payment dispute. A suspension of Attachment Licenses under this paragraph shall not prevent Licensee from operating, maintaining, repairing or removing its existing Attachments, but Licensee shall not install any new or additional Attachments or make any changes to existing Attachments (except for removal or routine repair or maintenance necessary to continue to provide services to then-existing Licensee customers) during the period of suspension.
