Right to Terminate for Default. If either Party fails to perform or adequately perform any obligation required by this Agreement, that Party’s failure constitutes a Default. If the defaulting Party fails to satisfactorily cure a Default within ten (10) calendar days of receiving written notice from the other Party specifying the nature of the Default, or if the nature of the Default is (1) not for the payment of services, and (2) requires more than ten (10) calendar days to remedy, and the defaulting Party fails to diligently pursue such action necessary to remedy the Default, the other Party may immediately cancel and/or terminate this Agreement upon written notice, and terminate each and every right of the defaulting Party, and any person claiming any rights by or through the defaulting Party under this Agreement. The rights and remedies of the non-defaulting Party enumerated in this paragraph are cumulative and shall not limit the non-defaulting Party’s rights under any other provision of this Agreement, or otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or enacted or established at a later date, that may be available to the Parties against the other Party. Notwithstanding the above, a Party may terminate this Agreement for cause pursuant to Section G herein if the other Party fails to comply with the Data Sharing Agreement, or otherwise violates any confidentiality and data privacy laws and regulations with respect to data shared under this Agreement, including engaging in unauthorized sale or disclosure of data.
Right to Terminate for Default. Upon the occurrence and during the continuation of any Event of Default hereunder, subject to Section 16 and the applicable cure periods, the non-defaulting party shall have the option, but not the obligation, to terminate this Agreement.
Right to Terminate for Default. A Party shall be in default hereunder if any of the following events shall occur (each of such events being an “Event of Default”):
(i) Such Party fails to perform timely any of its material obligations hereunder and such default shall continue for a period of sixty (60) days following receipt by such Party of written notice from the other Party specifying such default; provided that, if the default specified in such notice is curable but of a nature such that it cannot be cured through the exercise of reasonable diligence within the sixty (60) day cure period, then such sixty (60) day cure period shall be extended to a period as is reasonable (but in no event more than sixty (60) days, subject to delay due to force majeure) to cure such default pursuant to a mutually agreed plan of cure, provided that the non-performing Party has proceeded at all times and is continuing to proceed in a diligent and reasonable manner to cure;
(ii) Such Party becomes insolvent, or takes the benefit of any present or future insolvency or bankruptcy statute, or makes a general assignment for the benefit of creditors, or files a voluntary petition in bankruptcy or a petition or answer seeking an arrangement, reorganization or readjustment of its indebtedness under the Federal bankruptcy laws or under any law or statute of the United States or any state thereof, or consents to the appointment of a receiver, trustee or liquidator of all or substantially all of its property;
(iii) By court order or decree such Party is adjudged bankrupt or an order is made approving a petition filed by any of its creditors or by any of its stockholders or partners seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law or statute of the United States or any state thereof;
(iv) An involuntary petition under any bankruptcy or insolvency law, or an action under present or future insolvency law or statute, is filed against such Party and is not dismissed or stayed within sixty (60) days after the filing thereof; or
(v) Such Party sells, conveys, assigns or otherwise transfers all or substantially all of its assets (other than to one of its affiliates in the case of an HOF Entity) in breach of Section 6.2. If either Party is in default under this Section 4.2(a) beyond the applicable grace or cure periods, then the other Party shall be entitled to terminate this Agreement and to seek such other remedies as are described in Section 4.2(d).
Right to Terminate for Default. Contractor’s failure to satisfactorily perform
4.3.1 If Contractor fails to satisfactorily cure a default within ten (10) calendar days of receiving written notice from City specifying the nature of the default, City may immediately cancel and/or terminate this Contract, and terminate each and every right of Contractor, and any person claiming any rights by or through Contractor under this Contract.
4.3.2 If City terminates this Contract, in whole or in part, City may procure, upon such terms and in such manner as the Purchasing Agent may deem appropriate, equivalent goods or services and Contractor shall be liable to City for any excess costs. Contractor shall also continue performance to the extent not terminated.
4.3.3 Contractor shall also have the right to terminate for default in the event the City fails to make payment to Contractor per the terms of this Contract and such default is not cured by the City within ten (10) days of receipt of the notice from Contractor of the default.
Right to Terminate for Default. If either Party fails to perform or adequately perform any obligation required by this Agreement, that Party’s failure constitutes a Default. If the defaulting Party fails to satisfactorily cure a Default within ten
Right to Terminate for Default. Either party may terminate this agreement at any time by immediate notice to the other party (Defaulting Party) if any of the following occur:
(a) the Defaulting Party fails to carry out any provision of this agreement, the failure is capable of remedy and the Defaulting Party does not remedy that failure within 10 Business Days after notice to the Defaulting Party requiring it to be remedied; Sample
(b) the Defaulting Party fails to carry out any material provision of this agreement and the failure is not capable of remedy;
(c) the Defaulting Party is the Participating Organisation and has either:
(i) persistently breached or defaulted in the punctual performance of its obligations under this agreement; or
(ii) has demonstrated an intention to no longer be bound by this agreement or any Law applicable to the Programs;
(d) the Defaulting Party suffers or becomes subject to an Insolvency Event;
(e) the Defaulting Party fails to obtain or ceases to hold any Approval required to carry out its obligations under this agreement;
(f) any other event occurs or circumstance arises which, in the reasonable opinion of the other party, is likely to materially and adversely affect the ability of the Defaulting Party to perform all or any of its obligations under or otherwise to comply with the terms of this agreement, including if the compliance by a party with any provision of this agreement is or becomes prohibited by Law.
