Term/Default Sample Clauses

Term/Default. As a condition of this agreement, the Assignee agrees to close on or before, this Date 7-23-2021 Closing Location TBD Or this assignment contract is null and void, and the deposit shall be forfeited, and retained by Assignor as total liquidated damages.
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Term/Default. This Agreement shall have an initial term of five (5) years (the “Initial Term”) commencing on the Effective Date, and then shall automatically renew for five (5) successive periods of one (1) year each (the “Renewal Terms”), unless GRANTEE or GRANTOR provide the other party with a minimum of thirty (30) days’ notice of its intention not to renew at the end of the then current term; however, GRANTEE may terminate this Agreement with thirty (30) days prior notice to the GRANTOR if GRANTEE is unable to install, maintain or use the Facilities because of any governmental law, rule or regulation or due to any other cause beyond the reasonable control of GRANTEE. Notwithstanding anything to the contrary stated herein, either Party shall have the right to terminate this Agreement upon thirty (30) days written notice in the event that GRANTEE, for a period of three (3) months, no longer has a customer in the Premises receiving Communications Services from GRANTEE. Upon the termination of this Agreement and upon GRANTOR’s written request, GRANTEE shall remove the GRANTEE Property from the Premises, and repair any damage to the Premises caused by such removal, and place the Premises in substantially the same condition as it was on the Effective Date of this Agreement, normal wear and tear and casualty loss excepted. In the event either party fails to comply with any provisions of this Agreement ("Default"), which Default shall not have been cured by the defaulting party within thirty (30) days after receiving written notice specifying such Default from the non-defaulting party, then the non-defaulting party may immediately or any time thereafter terminate this Agreement upon written notice to the defaulting party.
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Term/Default. 7.1 This Agreement shall terminate upon the earlier of (i) the expiration of the Option Term; (ii) effective as of the date at which Optionee, at its sole discretion at any time during the Option Term, delivers written notice of termination thereof to SRC (iii) or a termination by SRC pursuant to Section 7.2 below. In the event of early termination of this Agreement in accordance with this Article 7, SRC shall be entitled to retain the Option Fee, and this Agreement shall become null and void and neither party hereto shall have any other liability, obligation or duty herein under or pursuant to this Agreement other than Optionee’s reclamation obligations and except as expressly otherwise provided herein.
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Term/Default. This Agreement shall commence on the date first set forth above and shall continue in effect unless and until terminated by one party giving the other party thirty (30) days’ notice of termination. If Contractor defaults in the performance of any obligation under this Agreement, BASF may give Contractor a notice specifying the nature of the default. If Contractor does not, within ten (10) days after the giving of such notice, cure the default, or if such default is of a nature that it could not reasonably be cured within such period of ten (10) days, and Contractor does not commence to cure such default within such ten (10) day period and complete such cure promptly thereafter, then, after the expiration of such ten (10) day period (or longer period as hereinabove provided for if such default cannot be cured within said ten (10) day period), BASF shall have the right to terminate this Agreement for breach.
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Term/Default. 46. The term of this Agreement shall be for two (2) years commencing from the date of this Agreement. Except as otherwise herein provided, this Agreement may only be terminated due to a material default by one of the parties in performing its obligations pursuant to this Agreement. In the event of such material default, this Agreement shall terminate only after the defaulting party has received written notice of the default from the non-defaulting party and the defaulting party has failed to cure the default within 30 days after the date of receipt of such notice by the defaulting party.
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Term/Default. 8.1 This Intercreditor Agreement shall continue for so long as any Lender has a security interest in the Collateral. This Intercreditor Agreement shall remain in full force and effect notwithstanding the filing of a petition for relief by or against Borrower under the United States Bankruptcy Code.
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Term/Default. The term of this Agreement shall be for five (5) years commencing on the date first written above, and shall be automatically renewed from year to year thereafter until such time as this Agreement is terminated wholly or in part by either party upon 30 days prior written notice. In the event that either party shall fail to perform any covenant or condition required under this agreement to be performed by that party, and such default in performance shall have continued for a period of thirty (30) consecutive days after notice thereof given by the non-defaulting party, then the non-defaulting party may declare the other party in default. Upon declaration of default, the non-defaulting party may elect to treat this agreement as immediately terminated. Each party shall have the right of specific performance as a remedy for a breach of this Agreement. Each party shall have the right to seek a temporary restraining order, injunction or other equitable relief in order to enforce the provisions of this Agreement, including but not limited to the Agent’s covenants to utilize the services of the Carrier on an exclusive basis. Venue shall be permissive in any court of competent jurisdiction. Notwithstanding anything to the contrary in this Agreement, if XRG does not fund COMDATA or its successor (i.e. fuel bills) or driver payments immediately when due or make settlement of commissions on HTI invoices in presently available funds by wire transfer on or before Noon on Tuesday of each week for the previous week’s business in accordance with the Commission Schedule and the Terminal Agreement, and fails to cure such default within a twenty-four (24) hour period after receiving written notice sent by electronic mail or facsimile, the same shall constitute a major funding default hereunder (“Major Funding Default”). If during any rolling 30-day period XRG should suffer or permit to occur two (2) Major Funding Defaults, then HTI shall have the right to terminate the Terminal Agreement and in such event HTI shall have no further liability or obligation to XRG. It is understood that COMDATA or its successor will be used to advance fuel for loads only, and that the system will not be used for any other funding purpose. No party shall be in default if failure to perform any obligation hereunder is caused by supervising conditions beyond that party’s control, including acts of God, weather conditions (i.e. hurricanes, floods, tornadoes), civil commotion, suspension or delays in ...
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Term/Default. Section 16.1 of the Lease is hereby amended by adding the ------------ following:
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Term/Default 
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Related to Term/Default

  • Additional Event of Default The following will constitute an additional Event of Default with respect to Party B: "NOTE ACCELERATION NOTICE. A Note Acceleration Notice is served on Party B in relation to the Relevant Notes."

  • Monetary Default If a Monetary Default occurs and continues for 10 Business Days after Notice from Landlord, specifying in reasonable detail the amount of money not paid and the nature and calculation of each such payment.

  • Occurrence of Default Any Transfer hereunder shall be subordinate and subject to the provisions of this Lease, and if this Lease shall be terminated during the term of any Transfer, Landlord shall have the right to: (i) treat such Transfer as cancelled and repossess the Subject Space by any lawful means, or (ii) require that such Transferee attorn to and recognize Landlord as its landlord under any such Transfer. If Tenant shall be in default under this Lease, Landlord is hereby irrevocably authorized, as Tenant’s agent and attorney-in-fact, to direct any Transferee to make all payments under or in connection with the Transfer directly to Landlord (which Landlord shall apply towards Tenant’s obligations under this Lease) until such default is cured. Such Transferee shall rely on any representation by Landlord that Tenant is in default hereunder, without any need for confirmation thereof by Tenant. Upon any assignment, the assignee shall assume in writing all obligations and covenants of Tenant thereafter to be performed or observed under this Lease. No collection or acceptance of rent by Landlord from any Transferee shall be deemed a waiver of any provision of this Article 14 or the approval of any Transferee or a release of Tenant from any obligation under this Lease, whether theretofore or thereafter accruing. In no event shall Landlord’s enforcement of any provision of this Lease against any Transferee be deemed a waiver of Landlord’s right to enforce any term of this Lease against Tenant or any other person. If Tenant’s obligations hereunder have been guaranteed, Landlord’s consent to any Transfer shall not be effective unless the guarantor also consents to such Transfer.

  • Termination Upon Event of Default If Foothill terminates this Agreement upon the occurrence of an Event of Default, in view of the impracticability and extreme difficulty of ascertaining actual damages and by mutual agreement of the parties as to a reasonable calculation of Foothill's lost profits as a result thereof, Borrower shall pay to Foothill upon the effective date of such termination, a premium in an amount equal to the Early Termination Premium. The Early Termination Premium shall be presumed to be the amount of damages sustained by Foothill as the result of the early termination and Borrower agrees that it is reasonable under the circumstances currently existing. The Early Termination Premium provided for in this Section 3.7 shall be deemed included in the Obligations.

  • Event of Default; Notice (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

  • Non-Monetary Default Failure in the performance of any of the agreements, conditions, covenants, provisions or stipulations contained in the Loan Documents which is not cured within one hundred twenty (120) days from written notice thereof from the Lender to the Borrower.

  • Event of Default Defined Acceleration of Maturity; Waiver of Default. "Event of Default" with respect to Securities of any series wherever used herein, means each one of the following events which shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body):

  • Tenant Default (a) Any of the following occurrences or acts shall constitute an “Event of Default” (herein so called) under this Lease: if (i) Tenant shall fail to pay any scheduled installment of Fixed Rent or Additional Rent when due and such failure shall continue uncured for a period of ten (10) days after Landlord notifies Tenant in writing of such failure (each an “Installment Default Notice”); or if, within a twelve (12) month period following delivery of not less than two (2) Installment Default Notices by Landlord, Tenant shall fail to pay any scheduled installment of Fixed Rent or Additional Rent when due and such failure shall continue uncured for a period of five (5) days or (ii) Tenant shall default in the payment when due of any installment of Additional Rent payable hereunder and such default shall continue for ten (10) days after notice of such default is sent to Tenant by Landlord (or Lender); or (iii) the failure by Tenant to maintain insurance as required under this Lease; or (iv) Tenant shall default in fulfilling any of the other covenants, agreements or obligations of this Lease, and such default shall continue for more than thirty (30) days after written notice thereof from Landlord (or Lender) specifying such default, provided, that if Tenant has commenced to cure a default described in subparagraph (iv) above within said thirty (30) days, and thereafter is in good faith diligently prosecuting same to completion and such default is of a nature such that it cannot be cured within such thirty (30) day period, said thirty (30) day period shall be extended, for a reasonable time (not to exceed an additional ninety (90) days) or, with respect to a breach of Tenant’s obligations under Section 40 of this Part II, such longer period as may reasonably be necessary to cure such default so long as (A) Tenant delivers to Landlord a certificate of a qualified environmental remediation specialist that such default could not be cured within such one hundred eighty (180) days but is curable, and (B) Tenant is in good faith diligently prosecuting such cure to completion) where, due to the nature of a default, it is unable to be completely cured within thirty (30) days; or (v) any execution or attachment shall be issued against Tenant or any of its property whereby the Premises shall be taken or occupied or attempted to be taken or occupied by someone other than Tenant, and the same shall not be bonded, dismissed, or discharged as promptly as possible under the circumstances; or (vi) Tenant or Guarantor (A) shall make any assignment or other similar act for the benefit of creditors, (B) shall file a petition or take any other action seeking relief under any state or federal insolvency or bankruptcy Laws, or (C) shall have an involuntary petition or any other action filed against either of them under any state or federal insolvency or bankruptcy Laws which petition or other action is not vacated or dismissed within sixty (60) days after the commencement thereof; or (vii) the estate or interest of Tenant in the Premises shall be levied upon or attached in any proceeding and such estate or interest is about to be sold or transferred and such process shall not be vacated or discharged within sixty (60) days after such levy or attachment; or (viii) the Guarantor’s guaranty of Tenant’s obligations under this Lease is terminated for any reason, or the Guarantor asserts in any pleading or judicial or administrative proceeding that such guaranty is void or unenforceable or that Guarantor is not liable thereunder; or (ix) any material representation or warranty made by Tenant or Guarantor to Landlord or the Lender herein or in any document delivered pursuant to this Lease is misleading or false in material respect when made, or (x) a default beyond applicable notice and cure periods shall occur in the fulfillment of any of the covenants, agreements or obligations of the tenant under any of the Related Leases and the premises demised thereby are then owned by the entity that is Landlord on the Lease Commencement Date or by one of its Affiliates.

  • Major Default The Purchasers shall be considered to be in “Major Default” in the event that (a) the Purchasers are in breach of their obligations under the Agreement and (b) such breaches, individually or in the aggregate, resulted or would reasonably be expected to result in (i) material Losses to the Sellers or their Affiliates, (ii) material reputational harm to the Sellers or their Affiliates, (iii) material and adverse regulatory consequences to the Sellers or their Affiliates, for which, in each case of clauses (i) through (iii), indemnification by the Purchasers pursuant to Article 8 of the Agreement would not be sufficient to remedy all damages incurred by the Sellers and their Affiliates or (iv) if the Sellers reasonably determine, based on the advice of counsel, that it would reasonably be expected to be a violation of their fiduciary duties under applicable Law to not terminate the Agreement, taking into account the indemnification by the Purchasers pursuant to Article 8 of the Agreement; provided, that the following breaches shall be excluded, and not taken into account, in determining if a Major Default has occurred: (x) any breach to the extent resulting from any action taken by the Purchasers pursuant to and in accordance with written direction given by the Sellers and (y) any breach to the extent arising out of or resulting from, directly or indirectly, a breach by the Sellers of the Agreement, the Transition Services Agreement or the Purchase Agreement.

  • Event of Default; Waiver The Holders of a Majority in Liquidation Amount of the Preferred Securities may, on behalf of the Holders, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Guarantee Agreement, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent therefrom.

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