Term Renewal and Termination. 1.1 This Agreement shall be effective as of April 1, 2007 (the “Effective Date”) and shall remain in effect until March 31, 2008 (the “Initial Term”). 1.2 Weyerhaeuser agrees to sell and Domtar agrees to buy Pine and Hardwood Roundwood under this Agreement for an additional term of Four (4) years (the “Second Term”), which shall commence upon expiration of the Initial Term. Weyerhaeuser and Domtar agree to notify the other party at least Twelve (12) months prior to the expiration of the Second Term if either party wishes to not renew this Agreement. The terms set forth under Section 2, Quantities, and Section 7.1, Price, Payment and Price Determination, will be reviewed and agreed to annually by both parties during the Second Term. For each successive year during the Second Term, quantities will be adjusted to reflect available Weyerhaeuser harvests and the price will be adjusted to reflect the then current fair market value. By June 30 of each calendar year during the Second Term, Weyerhaeuser will provide Domtar with a rolling estimate of the available quantities for the next three (3) years. Any dispute, issue, or controversy arising pursuant to this Section 1.2 shall be handled by the Dispute Resolution process outlined in Section 9.1 of this Agreement. 1.3 This Agreement shall terminate automatically upon: (i) the bankruptcy of either party or the making of an assignment for the benefit of creditors, or the appointment of a trustee or receiver and manager or liquidator for such party or for all or a substantial part of its property, or the commencement of bankruptcy, reorganization, arrangement, insolvency or similar proceedings by or against such party under the laws of any jurisdiction; (ii) the default of a party in performing a material obligation hereunder, provided that: (a) the other party shall have first given written notice of such default to the party in default (a “Default Notice”), which Default Notice shall set out in reasonable detail the particulars of the default alleged, and (b) such default shall not have been remedied within 15 days of receipt thereof by the party in default; or (iii) the mutual consent of the parties.
Appears in 2 contracts
Samples: Pine and Hardwood Roundwood Supply Agreement (Domtar CORP), Roundwood Supply Agreement (Domtar CORP)
Term Renewal and Termination. 1.1 This a) The Effective Date of this Agreement shall be effective as of April 1, 2007 XXX (the “Effective Date”).
b) and This Agreement shall remain in effect until March 31be for an initial term ending April 30th, 2008 2021.
c) No later than thirty (30) days prior to termination of Service, the Depositor may request a copy of all Depositor data (the “Initial TermDepositor Data”)) that is stored as part of Service. COPPUL shall make the Depositor Data available for download by the Depositor and will notify the Depositor of the availability of the Depositor Data via email within ten (10) days of termination of Service. COPPUL will make the Depositor Data available for download for thirty (30) days after notifying the Depositor of the availability of the Depositor Data, after which the Depositor Data shall be deleted by COPPUL. In the event that the Depositor does not request a copy of the Depositor Data before termination of Service, or payment of the service charge is not made, any Depositor Data may be deleted by COPPUL upon termination.
1.2 Weyerhaeuser agrees d) COPPUL reserves the right to sell and Domtar agrees to buy Pine and Hardwood Roundwood under amend this Agreement from time to time in its sole discretion by informing the Depositor via the Depositor’s email address of record. Unless otherwise noted in an amendment, amendments shall automatically be deemed to take effect on the first day of the calendar month that occurs at least thirty (30) days after the date that COPPUL first posted the amendment. In the event that the Depositor objects to any such amendment, the Depositor may terminate this Agreement by providing COPPUL with written notice thereof no later than the date that the amendment takes effect, in which case COPPUL shall provide the Depositor with a pro rata refund of the applicable Fees for an additional the remainder of the months in the then-current term of Four the Agreement.
e) Either Party may terminate the term of this Agreement at any time and for any or no reason upon the provision of one hundred and eighty (4180) years days written notice to the other Party, in which case COPPUL shall provide the Depositor with a pro rata refund of the applicable Fees for the remainder of the months in the then-current term of the Agreement.
f) This Agreement shall be automatically renewed for 12 months, unless terminated by the Depositor by giving thirty (the “Second Term”), which shall commence upon 30) days written notice to COPPUL prior to expiration of the Initial Term. Weyerhaeuser and Domtar agree to notify the other party at least Twelve (12) months prior to the expiration of the Second Term if either party wishes to not renew this Agreement. The terms set forth under Section 2, Quantities, and Section 7.1, Price, Payment and Price Determination, will be reviewed and agreed to annually by both parties during the Second Term. For each initial term or any successive year during the Second Term, quantities will be adjusted to reflect available Weyerhaeuser harvests and the price will be adjusted to reflect the then current fair market value. By June 30 of each calendar year during the Second Term, Weyerhaeuser will provide Domtar with a rolling estimate of the available quantities for the next three (3) years. Any dispute, issue, or controversy arising pursuant to this Section 1.2 shall be handled by the Dispute Resolution process outlined in Section 9.1 of this Agreementterm.
1.3 This Agreement shall terminate automatically upon:
(i) the bankruptcy of either party or the making of an assignment for the benefit of creditors, or the appointment of a trustee or receiver and manager or liquidator for such party or for all or a substantial part of its property, or the commencement of bankruptcy, reorganization, arrangement, insolvency or similar proceedings by or against such party under the laws of any jurisdiction;
(ii) the default of a party in performing a material obligation hereunder, provided that: (a) the other party shall have first given written notice of such default to the party in default (a “Default Notice”), which Default Notice shall set out in reasonable detail the particulars of the default alleged, and (b) such default shall not have been remedied within 15 days of receipt thereof by the party in default; or
(iii) the mutual consent of the parties.
Appears in 1 contract
Samples: Deposit Agreement
Term Renewal and Termination. 1.1 This Agreement 10.1. Subject to the terms and conditions of this Policy, the Insurance effected hereunder shall continue to be in force for a period of 1(One) year from the Entry Date and shall be effective renewable on each Annual Date of Renewal for a further period of 1 (One) year, provided a written notice of 1 (One) month is received by Us from the Master Policyholder prior to the Annual Date of Renewal and payment of the Premium for the renewal of this Policy, as determined by Us. At the time of April 1renewal, 2007 (the “Effective Date”) Master Policyholder shall furnish a reconciliation statement giving additions/ deletions of Members, as recorded in the Register of Members to Us and any other information as requested by Us. On the basis of the information received by Us, We will determine the amount of Premium payable by the Master Policyholder/ the Member to Us for renewal of this Policy/ Insurance.
10.2. If the Master Policyholder does not renew this Policy on the Annual Date of Renewal, or does not pay the Premium payable on the Annual Date of Renewal, the Master Policyholder shall be deemed to have discontinued payment of Premiums and shall remain not be entitled to resume payment of Premiums except with Our prior consent. This Policy shall terminate unless it is renewed in effect until March 31, 2008 (accordance with the “Initial Term”)terms and conditions of this Policy.
1.2 Weyerhaeuser agrees to sell and Domtar agrees to buy Pine and Hardwood Roundwood under this Agreement for an additional term of Four 10.3. This Policy does not acquire any surrender value.
10.4. This Policy may be terminated by either the Master Policyholder or the Company, by giving 3 (4) years (the “Second Term”), which shall commence upon expiration of the Initial Term. Weyerhaeuser and Domtar agree to notify the other party at least Twelve (12Three) months prior written notice to the expiration other party. Upon termination of this Policy, no new enrollment forms for the Eligible Members will be accepted by Us and the Master Policyholder will not add any new Eligible Member in the Register of Members, from the date of such termination.
10.5. In the case of a Non Employer-Employee Group covered under this Policy, if this Policy is terminated by the Master Policyholder during the Policy Term, then, the Insurance on the life of the Second Term if either party wishes to not renew Members who are covered under this AgreementPolicy as on the date of such termination will continue till their respective Expiry Date, as an individual policy, unless, We receive a written request from such existing Members for discontinuance of such Insurance. The terms set forth under Section 2On receipt of such written request from a Member for discontinuance of Insurance, Quantities, and Section 7.1, Price, Payment and Price Determination, We will be reviewed and agreed to annually only refund the proportionate Premium received by both parties during the Second Term. For each successive year during the Second Term, quantities will be adjusted to reflect available Weyerhaeuser harvests and the price will be adjusted to reflect the then current fair market value. By June 30 of each calendar year during the Second Term, Weyerhaeuser will provide Domtar with a rolling estimate of the available quantities Us for the next three (3) yearsunexpired Period of Coverage.
10.6. Any disputeIn the case of an Employer-Employee Group covered under this Policy, issue, or controversy arising pursuant to this Section 1.2 shall be handled by the Dispute Resolution process outlined in Section 9.1 on termination of this Agreement.
1.3 This Agreement shall terminate automatically upon:
(i) the bankruptcy of Policy by either party or the making of an assignment for the benefit of creditors, or the appointment of a trustee or receiver and manager or liquidator for such party or for all or a substantial part of its property, or the commencement of bankruptcy, reorganization, arrangement, insolvency or similar proceedings by or against such party under the laws of any jurisdiction;
(ii) the default of a party in performing a material obligation hereunder, provided that: (a) the other party shall have first given written notice of such default to the party in default (a “Default Notice”), which Default Notice shall set out in reasonable detail the particulars of the default alleged, and (b) such default shall not have been remedied within 15 days of receipt thereof by the party in default; or
(iii) the mutual consent of the parties, the Premiums received by Us for the unexpired Period of Coverage will be refunded to the Master Policyholder or to the Member, as the case may be, by Us and the Insurance under this Policy will cease from the date of termination of this Policy.
10.7. If the Master Policyholder/ the Member fails to observe or comply with any of the terms and conditions of this Policy, We may decline to accept any further Premiums by issuing a written notice to the Master Policyholder/ the Member and thereupon, the Master Policyholder/ the Member shall be deemed to have discontinued the payment of Premiums and We will only refund the proportionate Premium received by Us for the unexpired Period of Coverage, if any, as determined on the date of issuance of such notice by Us, to the Master Policyholder/ the Member, as the case may be, in accordance with this Section 10.
Appears in 1 contract
Samples: Group Term Insurance Policy
Term Renewal and Termination. 1.1 This Agreement shall be effective as of April 1, 2007 (the “Effective Date”) and shall remain in effect until March 31, 2008 (the “Initial Term”).
1.2 Weyerhaeuser agrees to sell and Domtar agrees to buy Pine and Hardwood Roundwood pine in-xxxxx chips under this Agreement for an additional term of Four (4) years (the “Second Term”), which shall commence upon expiration of the Initial Term. Weyerhaeuser and Domtar agree to notify the other party at least Twelve (12) months prior to the expiration of the Second Term if either party wishes to not renew this Agreement. The Domtar and Weyerhaeuser agree that the terms set forth under Section 2, Quantities, ,) and Section 7.1Sections 7.1 and 7.2, Price, Payment and Price Determination, will be reviewed and agreed to annually by both parties during the Second Term. For each successive year during the Second Term, quantities will be adjusted to reflect available Weyerhaeuser harvests harvest capability and the price will be adjusted to reflect the then current fair market value. By June 30 of each calendar year during the Second Term, Weyerhaeuser will provide Domtar with a rolling estimate of the available quantities for the next three (3) years. Any dispute, issue, or controversy arising pursuant to this Section 1.2 shall be handled by the Dispute Resolution process outlined in Section 9.1 of this Agreement.
1.3 This Agreement shall terminate automatically upon:
(i) the bankruptcy of either party or the making of an assignment for the benefit of creditors, or the appointment of a trustee or receiver and manager or liquidator for such party or for all or a substantial part of its property, or the commencement of bankruptcy, reorganization, arrangement, insolvency or similar proceedings by or against such party under the laws of any jurisdiction;
(ii) the default of a party in performing a material obligation hereunder, provided that: (a) the other party shall have first given written notice of such default to the party in default (a “Default Notice”), which Default Notice shall set out in reasonable detail the particulars of the default alleged, and (b) such default shall not have been remedied within 15 days of receipt thereof by the party in default; or
(iii) the mutual consent of the parties.
Appears in 1 contract
Term Renewal and Termination. 1.1 This 13.1. The initial term of this Agreement shall be effective as commence on the Effective Date and shall continue until the seventh (7th) anniversary of April 1, 2007 (the “Effective Date”) and shall remain , unless sooner terminated as expressly provided for in effect until March 31, 2008 this Agreement (the “Initial Term”).
1.2 Weyerhaeuser agrees to sell and Domtar agrees to buy Pine and Hardwood Roundwood under . Thereafter, this Agreement shall be automatically renewed for an additional term terms of Four one (41) years year (each, a “Renewal Term” and all Renewal Terms together with the Initial Term, the “Second Term”). If an alternative or replacement source of API has been qualified by Purchaser to supply API for Commercial use, which shall commence upon expiration of the Initial Term. Weyerhaeuser and Domtar agree to either party may notify the other party at least Twelve Party in writing no later than six (126) months prior to the expiration end of the Second then-current Initial Term if either party wishes or Renewal Term, as the case may be, that it does not wish to not renew this the Agreement. The terms set forth under Section 2If [***], Quantities, and Section 7.1, Price, Payment and Price Determination, will be reviewed and agreed Noramco may notify Purchaser in writing no later than [***] prior to annually by both parties during the Second Term. For each successive year during end of the Second then-current Initial Term or Renewal Term, quantities will be adjusted as the case may be, that it does not to reflect available Weyerhaeuser harvests and wish to renew the price will be adjusted to reflect the then current fair market value. By June 30 of each calendar year during the Second Term, Weyerhaeuser will provide Domtar with a rolling estimate of the available quantities for the next three (3) years. Any dispute, issue, or controversy arising pursuant to this Section 1.2 shall be handled by the Dispute Resolution process outlined in Section 9.1 of this Agreement.
1.3 13.2. Purchaser may terminate this Agreement without cause immediately following [***] prior written notice to Noramco; provided, however, that the effective date of such termination shall in no event be earlier than the [***] of the Effective Date.
13.3. This Agreement may be terminated by either Party by giving written notice to the other Party if the other Party (the “Breaching Party”) is in material breach or default of any of its obligations hereunder (including any payment obligations) as follows: (a) the terminating Party must send written notice of the material breach or material default to the Breaching Party; and (b) the termination shall terminate automatically upon:
become effective sixty (60) days after receipt of such written notice by the Breaching Party unless either (i) the Breaching Party has cured such material breach or default prior to the expiration of such sixty (60) day period or (ii) if such material breach or material default is not capable of being cured within such sixty (60) day period, the Breaching Party has commenced activities reasonably expected to cure such material breach or material default within such sixty (60) day period and thereafter uses diligent efforts to complete the cure as soon as practicable, provided that, if such material breach or material default is not cured within one hundred and twenty (120) days after receipt of such written notice by the Breaching Party, the termination shall become effective upon the expiration of such one hundred and twenty (120) day period.
13.4. Either Party may terminate this Agreement without prior notice to the other upon the occurrence of any of the following involving the other Party:
(a) that other Party files a petition seeking an order for relief under the Federal Bankruptcy Code (Title 11 of the United States Code), as now or hereafter in effect, or under similar law (including laws in countries or jurisdictions other than the United States), or files a petition in bankruptcy or for reorganization or for an arrangement pursuant to any state bankruptcy law or any similar state or local law (including laws in countries or jurisdictions other than the United States); or
(b) an involuntary case against the other Party as debtor is commenced by a petition under the Federal Bankruptcy Code (Title 11 of either party the United States Code), as now or hereafter in effect, or under similar law (including laws in countries or jurisdictions other than the making United States), or a petition or answer proposing the adjudication of the other Party as a bankrupt or its reorganization pursuant to any state bankruptcy law or any similar state or local law (including laws in countries or jurisdictions other than the United States) is filed in any court and not dismissed, discharged or denied within sixty (60) days after the filing thereof; or
(c) a custodian, receiver, United States Trustee, trustee or liquidator of the other Party or of all or substantially all of the other Party’s property is appointed in any proceedings brought by the other Party; or
(d) a custodian, receiver, United States Trustee, trustee or liquidator is appointed in any proceedings brought against the other Party and is not be discharged within sixty (60) days after that appointment, or if the other Party consents to or acquiesces in such appointment; or
(e) the other Party generally does not pay its debts as those debts become due, or makes an assignment for the benefit of creditors, or admits in writing its inability to pay its debts generally as they become due.
13.5. Any expiration or termination of this Agreement shall not release the appointment Parties from liabilities or obligations accrued on or prior to the date of a trustee expiration or receiver and manager termination. The following provisions shall survive termination and/or expiration of this Agreement indefinitely or liquidator for such party shorter period as is provided in such Articles or for all Sections, along with any other provisions of this Agreement that are necessary to interpret or a substantial part give effect to any of its property, or the commencement of bankruptcy, reorganization, arrangement, insolvency or similar proceedings by or against such party under the laws of any jurisdiction;
(ii) the default of a party in performing a material obligation hereunder, provided thatfollowing provisions: (a) the other party shall have first given written notice of such default to the party in default (a “Default Notice”)Sections 6.5, which Default Notice shall set out in reasonable detail the particulars of the default alleged8.6, 9.3 and 12.3; and (b) such default shall not have been remedied within Articles 10 (Indemnification; Consequential Damages; Limitations of Liability), 11 (Confidentiality), 15 days of receipt thereof by the party in default(Notices); or
19 (iii) the mutual consent of the partiesDispute Resolution); 23 (No Benefit to Third Parties), and 24 (Publicity).
Appears in 1 contract
Samples: Supply Agreement (Depomed Inc)
Term Renewal and Termination. 1.1 This 13.1. The initial term of this Agreement shall be effective as commence on the Effective Date and shall continue until the [***] anniversary of April 1, 2007 (the “Effective Date”) and shall remain , unless sooner terminated as expressly provided for in effect until March 31, 2008 this Agreement (the “Initial Term”). Thereafter, this Agreement shall be automatically renewed for additional terms of [***] (each, a “Renewal Term” and all Renewal Terms together with the Initial Term, the “Term”). If [***], either party may notify the other Party in writing no later than [***] prior to the end of the then-current Initial Term or Renewal Term, as the case may be, that it does not wish to renew the Agreement. If [***], Noramco may notify Purchaser in writing no later than [***] prior to the end of the then-current Initial Term or Renewal Term, as the case may be, that it does not to wish to renew the Agreement.
1.2 Weyerhaeuser agrees to sell and Domtar agrees to buy Pine and Hardwood Roundwood under 13.2. Purchaser may terminate this Agreement for an additional term of Four (4) years without cause immediately following [***] prior written notice to Noramco; [***].
13.3. This Agreement may be terminated by either Party by giving written notice to the other Party if the other Party (the “Second TermBreaching Party”), which shall commence upon expiration ) is in material breach or default of any of its obligations hereunder (including any payment obligations) as follows: (a) the terminating Party must send written notice of the Initial Term. Weyerhaeuser material breach or material default to the Breaching Party; and Domtar agree to notify (b) the other party at least Twelve termination shall become effective [***] after receipt of such written notice by the Breaching Party unless either (12i) months the Breaching Party has cured such material breach or default prior to the expiration of such [***] period or (ii) if such material breach or material default is not capable of being cured within such [***] period, the Second Term Breaching Party has commenced activities reasonably expected to cure such material breach or material default within such [***] period and thereafter uses diligent efforts to complete the cure as soon as practicable, provided that, if either party wishes such material breach or material default is not cured within [***] after receipt of such written notice by the Breaching Party, the termination shall become effective upon the expiration of such [***] period.
13.4. Either Party may terminate this Agreement without prior notice to not renew this Agreement. The terms set forth under Section 2, Quantities, and Section 7.1, Price, Payment and Price Determination, will be reviewed and agreed to annually by both parties during the Second Term. For each successive year during other upon the Second Term, quantities will be adjusted to reflect available Weyerhaeuser harvests and the price will be adjusted to reflect the then current fair market value. By June 30 occurrence of each calendar year during the Second Term, Weyerhaeuser will provide Domtar with a rolling estimate any of the available quantities for following involving the next three (3) years. Any dispute, issue, or controversy arising pursuant to this Section 1.2 shall be handled by the Dispute Resolution process outlined in Section 9.1 of this Agreement.
1.3 This Agreement shall terminate automatically uponother Party:
(ia) that other Party files a petition seeking an order for relief under the Federal Bankruptcy Code (Title 11 of the United States Code), as now or hereafter in effect, or under similar law (including laws in countries or jurisdictions other than the United States), or files a petition in bankruptcy or for reorganization or for an arrangement pursuant to any state bankruptcy law or any similar state or local law (including laws in countries or jurisdictions other than the United States); or
(b) an involuntary case against the other Party as debtor is commenced by a petition under the Federal Bankruptcy Code (Title 11 of the United States Code), as now or hereafter in effect, or under similar law (including laws in countries or jurisdictions other than the United States), or a petition or answer proposing the adjudication of the other Party as a bankrupt or its reorganization pursuant to any state bankruptcy law or any similar state or local law (including laws in countries or jurisdictions other than the United States) is filed in any court and not dismissed, discharged or denied within [***] after the filing thereof; or
(c) a custodian, receiver, United States Trustee, trustee or liquidator of the other Party or of all or substantially all of the other Party’s property is appointed in any proceedings brought by the other Party; or
(d) a custodian, receiver, United States Trustee, trustee or liquidator is appointed in any proceedings brought against the other Party and is not be discharged within [***] after that appointment, or if the other Party consents to or acquiesces in such appointment; or
(e) the bankruptcy of either party other Party generally does not pay its debts as those debts become due, or the making of makes an assignment for the benefit of creditors, or admits in writing its inability to pay its debts generally as they become due.
13.5. Any expiration or termination of this Agreement shall not release the appointment Parties from liabilities or obligations accrued on or prior to the date of a trustee expiration or receiver and manager termination. The following provisions shall survive termination and/or expiration of this Agreement indefinitely or liquidator for such party shorter period as is provided in such Articles or for all Sections, along with any other provisions of this Agreement that are necessary to interpret or a substantial part give effect to any of its property, or the commencement of bankruptcy, reorganization, arrangement, insolvency or similar proceedings by or against such party under the laws of any jurisdiction;
(ii) the default of a party in performing a material obligation hereunder, provided thatfollowing provisions: (a) the other party shall have first given written notice of such default to the party in default (a “Default Notice”)Sections 6.5, which Default Notice shall set out in reasonable detail the particulars of the default alleged8.6, 9.3 and 12.3; and (b) such default shall not have been remedied within Articles 10 (Indemnification; Consequential Damages; Limitations of Liability), 11 (Confidentiality), 15 days of receipt thereof by the party in default(Notices); or
19 (iii) the mutual consent of the partiesDispute Resolution); 23 (No Benefit to Third Parties), and 24 (Publicity).
Appears in 1 contract
Samples: Supply Agreement (Depomed Inc)