RIGHT TO EARLY TERMINATION. 14.1 Each PARTY hereto shall have the right, without prejudice to any other rights provided by law, to terminate the AGREEMENT by giving written notice to the other PARTY if any of the following events occur:
(i) no REGISTRATION of any of the PRODUCTS in the TERRITORY under the Laws is obtained within two (2) years from the Effective Date, or is cancelled with regard to import, marketing, distribution, sale or use of the PRODUCTS in the TERRITORY for any reason;
(ii) any of the PARTIES become insolvent, is adjudicated bankrupt, applies for judicial or extra-judicial settlement with its creditors, makes an assignment for the benefit of its creditors, voluntarily files for bankruptcy or has a receiver or trustee (or alike) in bankruptcy appointed over its business, property or assets, or a PARTY becomes the subject of liquidation or dissolution or involuntary bankrupt proceedings or otherwise discontinuous business;
(iii) any of the PARTIES materially breaches any provision of the AGREEMENT and to the extent such breach is capable of being cured fails to fully cure such breach within forty-five (45) days of receipt of written notice from the PARTY asserting the breach.
14.2 INVATEC will have the right, without prejudice to any other rights provided by law, to immediately terminate the AGREEMENTby giving written notice to EV3 if any of the following events occur;
(i) any business entity which is a competitor of INVATEC acquires a shareholding which exceeds 49% of the entire issued voting share capital in EV3, or in any company which owns or controls EV3. EV3 shall promptly notify INVATEC of any such acquisition prior to the time of its actual occurrence;
(ii) EV3 fails to achieve the AGGREGATE MINIMUM ANNUAL VALUE OF PURCHASES or achieves the MINIMUM ANNUAL VOLUME OF PURCHASES in relation with less than 66% of the groups of PRODUCTS for any contractual year;
(iii) EV3 materially breaches any of its obligations under Articles 2.3(i), 2.3(iii), 2.3(v), 2.4, 3.6, 4.4, 4.5, 5.1, 6.5, 8.3, 9.2, 9.3, l0.l(iv), l0.1(v), l0.l(vi), 13.2 and 18.
14.3 The termination of this AGREEMENT by either PARTY pursuant to Article 14.1 and 14.2 of this Article shall operate, as soon as the other PARTY receives notice of termination.
14.4 EV3 shall be entitled to terminate this AGREEMENT upon six (6) month notice in writing to INVATEC should its Gross Profit reduce any lower than 30% as a result of the price increase of the PRODUCTS possibly imposed by INVATEC pursuant to Article 6...
RIGHT TO EARLY TERMINATION. (A) In addition to any other remedy of Buyer under law or provided under this Agreement, Buyer shall have the right at its election to terminate this Agreement upon twenty (20) days written notice to Seller, if Seller, for any reason, other than (i) Force Majeure, (ii) Buyer's failure to take, or (iii) a failure by Buyer to pay any Undisputed Amounts, fails, over a period of at least sixty (60) days, to deliver an average of ninety percent (90%) of the agreed quantity and provided further that such failure occurred not more than one hundred forty (140) days immediately preceding the giving of such notice of termination. Seller shall have twenty (20) days after receipt of such cancellation notice to cure any failure in which case Buyer's cancellation is null and void and this Agreement shall remain in full force and effect.
(B) In addition to the other remedies of Seller under law or provided under this Agreement, Seller shall have the right at its election to terminate this Agreement upon twenty (20) days written notice to Buyer if Buyer, for any reason, other than (I) Force Majeure, (ii) Seller's failure to deliver, or (iii) a failure by Seller to pay any Undisputed Amounts, fails, over a period of at least sixty (60) days, to take a volume of gas not less than an average of ninety percent (90%) of the agreed quantity, and provided further that such failure occurred not more than one hundred forty (140) days immediately preceding the giving of such notice of termination. Buyer shall have twenty (20) days after receipt of such cancellation notice to cure any failure in which case Seller's cancellation is null and void and this Agreement shall remain in full force and effect.
RIGHT TO EARLY TERMINATION. BUYER MAY TERMINATE THIS AGREEMENT AT ANY TIME BY WRITTEN NOTICE TO BROKER but will remain responsible for paying Xxxxxx’s compensation if, from the early termination date to Termination Date plus Protection Period (3), if applicable, Buyer contracts to acquire any property which, prior to termination date, was found by Buyer or called to Buyer’s attention by Broker or any other person. Broker may terminate this Agreement at any time by written notice to Buyer, in which event Buyer will be released from all further obligations under this Agreement.
RIGHT TO EARLY TERMINATION. The term of the present agreement shall be mandatory for THE PROMISOR and voluntary for THE PROSPECTOR that may accordingly terminate it at any time upon 60 calendar days’ prior written notice to THE PROMISOR giving notice of the intended termination date. Nevertheless, in the event that THE PROSPECTOR terminates the present agreement prior to the two-year term, THE PROSPECTOR shall be liable for paying to THE PROMISOR, 5% (five percent) of the revenues generated by the commercialization of the mineral obtained from the works of exploitation object of this instrument. In order to calculate the revenues obtained by THE PROSPECTOR, the Parties shall take the amount of the Net Smelter Return (NSR) as reference. Likewise, during the term of the present agreement, THE PROMISOR will have access to the accounting and sales records of THE PROSPECTOR, with prior written application. The Parties shall be entitled to terminate this agreement in any moment, if any Party fails to comply with the obligations under the present, without remedying such default within a term equal or less than 60 (sixty) calendar days after receiving the notification from the affected Party.
RIGHT TO EARLY TERMINATION. The City shall have the option to terminate the Lease, with a sixty (60) day advance written notice to the District. The District shall have the option to terminate the Lease, with a sixty (60) day advance written notice to the City prior to the end of the fiscal year (June 30) to take effect no earlier than the start of the following fiscal year, e.g. notice to terminate given May, 2024 to be effective July 1, 2024. Upon the termination of the Lease, District and City shall have no further rights, obligations or claims with respect to each other arising from the Lease, except for those obligations of under this Lease which expressly survive and continue after the termination or expiration of the Lease.
RIGHT TO EARLY TERMINATION. It is the current intention of the Company to install a PENCILVAC Vacuum line at the Welland Facility. The Company plans to:
RIGHT TO EARLY TERMINATION. Notwithstanding the foregoing, NYCP shall have the right to terminate this Agreement on the first six-month anniversary of the Effective Date in the event that it determines in its sole and non-reviewable discretion that it is dissatisfied with CAI's performance; provided, however, that in such event NYCP shall give CAI thirty (30) days' prior written notice of its intent to terminate this AGREEMENT.
RIGHT TO EARLY TERMINATION. Lessee shall have the option to terminate the Lease effective anytime after the end of the sixtieth (60th) month of the Lease term. Lessee shall give no less than six (6) months written notice ("Termination Notice") to Lessor in order to exercise its right to terminate the Lease. In exchange for invoking its right to terminate, Lessee shall pay, due upon the Termination Effective Date, the amount of the unamortized cost of both (a) the Tenant Improvements in excess of $75,000 provided by Lessor as outlined in this First Addendum and (b) the brokerage commissions paid by Lessor to Lessor's broker and Lessee's broker. The combined amounts of (a) and (b) shall be deemed the "Termination Payment". Amortization of the Termination Payment will be based on a seven (7) year period and shall be computed at an annual compound interest rate of ten percent (10%). The Calculation of the Termination Payment has been set forth in the attached EXHIBIT E using the Estimated TI Amount of $170,000.00 pursuant to Paragraph 57. The Termination Payment is subject to the cost of any changes that the Lessee is permitted to make pursuant to Paragraph 58 of this Addendum. Should Lessee's changes cause the Termination Payment to increase according to Paragraph 58, then a written Amendment to EXHIBIT E will be prepared and incorporated into the Lease as EXHIBIT E-2 memorializing the change and amending the Termination Payment accordingly. "
RIGHT TO EARLY TERMINATION. The Lender may terminate the Loan Agreement pursuant to Section 605 of the German Civil Code: – if, owing to an unforeseen circumstance, he/she requires use of the loaned object, – if the Borrower uses the object in a manner contrary to the terms agreed herein, specifically allowing the object of the present Agreement to be used by a Third Party without permission or placing the object at considerable risk by neglecting the diligence incumbent on him/her.
RIGHT TO EARLY TERMINATION. Yes. OPTION TO EXTEND: 3 options to extend of 6 months each.
