Common use of Right to Termination Clause in Contracts

Right to Termination. Either party may terminate this Agreement in accordance with the provisions contained herein. The Requesting Party may choose to terminate the Agreement at any time. HDOH may terminate the Agreement as specified in Chapter 128D, HRS, when: (1) there is an imminent and substantial threat to public health, the environment, or natural resources, (2) Requesting Party is not acting in good faith, (3) Requesting Party fails to comply with the terms of this Agreement (including if HDOH determines that the quality of work is poor or adherence to State guidelines has not been adequately met) and fails to commence such activities to cure such noncompliance within thirty days after HDOH issues to Requesting Party a notice of such non-compliance, (4) additional information is brought to the attention of HDOH which renders the cleanup action inadequate, (5) new information becomes available that necessitates a significant change in the statement of work or the priority with which HDOH must treat the project. For purposes of applying item (5), “the priority with which HDOH must treat the project” shall mean a decision made by HDOH, based upon new information about the Property, that had the new information been known by HDOH prior to entering into the Agreement, HDOH would not have proceeded to enter into the Agreement. The party initiating termination of this Agreement shall immediately provide written notice to the other party of its intention to terminate the Agreement and the date upon which termination will be effective. Upon termination of this Agreement, HDOH may pursue any action related to the Property within its authority. Since FTC-eligible sites are without offsite impacts or immediate risks to human health or the environment, HDOH provides the general understanding that it would not pursue the site as a State-lead oversight project while the agreement is in effect. HDOH represents to Requesting Party that it is committed to the cleanup action, intends to cooperate with Requesting Party in good faith in connection with those matters contained in this Agreement and agrees to issue a no further action letter upon reasonable satisfactory completion of the cleanup action.

Right to Termination. Either party may terminate this Agreement in accordance with the provisions contained herein. The Requesting Party may choose to terminate the Agreement at any time. The Director of HDOH may terminate the Agreement as specified in Chapter 128D, HRS, when: (1) there is an imminent and substantial threat to public health, the environment, or natural resources, (2) Requesting Party is not acting in good faith, (3) inadequate funds remain in the site-specific account one month after notice has been received by the Requesting Party key contact listed in Item 9, (4) except as provided in Item 8, Requesting Party becomes ineligible as a prospective purchaser under the provisions of Chapter 128D, HRS, after initiating the voluntary response action, (5) Requesting Party fails to comply with the terms of this Agreement (including if HDOH determines that the quality of work is poor or adherence to State guidelines has not been adequately met) and fails to commence such activities to cure such noncompliance within thirty days after HDOH issues to Requesting Party a notice of such non-compliance, (46) additional information is brought to the attention of HDOH which renders the cleanup voluntary response action inadequate, or (57) new information becomes available that necessitates a significant change in the statement of work or the priority with which HDOH must treat the project. For purposes purpose of applying item (57), “the priority with which HDOH must treat the project” shall mean a decision made by HDOHthe Director, based upon new information about the Property, that had the new information been known by HDOH prior to entering into the Agreement, HDOH would not have proceeded to enter into the Agreement. The party initiating termination of this Agreement shall immediately provide written notice to the other party of its intention to terminate the Agreement and the date upon which termination will be effective. Upon termination of this Agreement, HDOH may pursue any action related to the Property within its authority. Since FTC-eligible sites are without offsite impacts or immediate risks to human health or the environment, HDOH provides the general understanding that it would not pursue the site as a State-lead oversight project while the agreement is in effect. HDOH represents to Requesting Party that it is committed to the cleanup voluntary response action, intends to cooperate with Requesting Party in good faith in connection with those matters contained in this Agreement and agrees to issue a no further action letter of completion granting exemption from future liability to Requesting Party upon reasonable satisfactory completion of the cleanup voluntary response action.