Common use of Term Termination Remedies Clause in Contracts

Term Termination Remedies. A. The Contract shall automatically terminate after final acceptance of the Services and final payment by Elk Ridge; provided that if Elk Ridge decides not to proceed with the repair the Contract shall automatically terminate (i) after return of Elk Ridge Equipment to Elk Ridge or (ii) sale/disposal for scrap of the Elk Ridge Equipment and final payment, if instructed by Elk Ridge pursuant to Section 2(A). Notwithstanding the above, this Section 4 and Sections 2, 6 – 9, 12, 16, and 18 and 21-24 of these Terms shall survive any such termination. B. Elk Ridge may terminate the Contract in whole or in part for convenience at any time on written notice to Seller. If Elk Ridge terminates prior to deciding to proceed with the repair, Elk Ridge shall compensate Seller for the cost incurred by Seller to teardown and inspect Elk Ridge Equipment through the effective date of termination. If Elk Ridge terminates after deciding to proceed with the repair, Elk Ridge shall compensate Seller for the cost incurred by Seller to teardown, inspect, and repair Elk Ridge Equipment through the effective date of termination. Upon receipt of notice of termination, Seller shall promptly return Elk Ridge Equipment to the location specified by Elk Ridge, at Elk Ridge’s expense. C. Elk Ridge may terminate the Contract in whole or in part if Seller defaults in the performance of the Services or breaches any provision in the Contract and: (i) Seller does not cure such default or breach after written notice from Elk Ridge within a reasonable time as determined by Elk Ridge or (ii) Elk Ridge determines in its reasonable discretion that such default or breach cannot be cured. Seller shall be liable to Elk Ridge for all costs and expenses in connection with such default or breach. Upon receipt of notice of termination for default, Seller shall promptly return Elk Ridge Equipment to the location specified by Elk Ridge, at Seller’s expense. D. Elk Ridge’s rights and remedies in this Section shall not be exclusive and are in addition to any other rights and remedies provided at law or in equity including injunctive relief and specific performance.

Term Termination Remedies. A. The Contract shall automatically terminate after final acceptance of the Services and final payment by Elk RidgeTri-State; provided that if Elk Ridge Tri-State decides not to proceed with the repair the Contract shall automatically terminate (i) after return of Elk Ridge Tri-State Equipment to Elk Ridge Tri-State or (ii) sale/disposal for scrap of the Elk Ridge Tri-State Equipment and final payment, if instructed by Elk Ridge Tri-State pursuant to Section 2(A). Notwithstanding the above, this Section 4 and Sections 2, 6 – 9, 12, 16, and 18 and 21-24 of these Terms shall survive any such termination. B. Elk Ridge Tri-State may terminate the Contract in whole or in part for convenience at any time on written notice to Seller. If Elk Ridge Tri-State terminates prior to deciding to proceed with the repair, Elk Ridge Tri-State shall compensate Seller for the cost incurred by Seller to teardown and inspect Elk Ridge Tri-State Equipment through the effective date of termination. If Elk Ridge Tri-State terminates after deciding to proceed with the repair, Elk Ridge Tri-State shall compensate Seller for the cost incurred by Seller to teardown, inspect, and repair Elk Ridge Tri-State Equipment through the effective date of termination. Upon receipt of notice of termination, Seller shall promptly return Elk Ridge Tri-State Equipment to the location specified by Elk RidgeTri-State, at Elk RidgeTri-State’s expense. C. Elk Ridge Tri-State may terminate the Contract in whole or in part if Seller defaults in the performance of the Services or breaches any provision in the Contract and: (i) Seller does not cure such default or breach after written notice from Elk Ridge Tri-State within a reasonable time as determined by Elk Ridge Tri- State or (ii) Elk Ridge Tri-State determines in its reasonable discretion that such default or breach cannot be cured. Seller shall be liable to Elk Ridge Tri-State for all costs and expenses in connection with such default or breach. Upon receipt of notice of termination for default, Seller shall promptly return Elk Ridge Tri-State Equipment to the location specified by Elk RidgeTri-State, at Seller’s expense. D. Elk RidgeTri-State’s rights and remedies in this Section shall not be exclusive and are in addition to any other rights and remedies provided at law or in equity including injunctive relief and specific performance.

Term Termination Remedies. A. The Contract shall automatically terminate after final acceptance of the Services and final payment by Elk Ridge; provided that if Elk Ridge decides not to proceed with the repair the Contract shall automatically terminate (i) after return of Elk Ridge Equipment to Elk Ridge or (ii) sale/disposal for scrap of the Elk Ridge Equipment and final payment, if instructed by Elk Ridge pursuant to Section 2(A). Notwithstanding the above, this Section 4 and Sections 2, 6 – 9, 12, 16, and 18 and 21-24 21 of these Terms shall survive any such termination. B. Elk Ridge may terminate the Contract in whole or in part for convenience at any time on written notice to Seller. If Elk Ridge terminates prior to deciding to proceed with the repair, Elk Ridge shall compensate Seller for the cost incurred by Seller to teardown and inspect Elk Ridge Equipment through the effective date of termination. If Elk Ridge terminates after deciding to proceed with the repair, Elk Ridge shall compensate Seller for the cost incurred by Seller to teardown, inspect, and repair Elk Ridge Equipment through the effective date of termination. Upon receipt of notice of termination, Seller shall promptly return Elk Ridge Equipment to the location specified by Elk Ridge, at Elk Ridge’s expense. C. Elk Ridge may terminate the Contract in whole or in part if Seller defaults in the performance of the Services or breaches any provision in the Contract and: (i) Seller does not cure such default or breach after written notice from Elk Ridge within a reasonable time as determined by Elk Ridge or (ii) Elk Ridge determines in its reasonable discretion that such default or breach cannot be cured. Seller shall be liable to Elk Ridge for all costs and expenses in connection with such default or breach. Upon receipt of notice of termination for default, Seller shall promptly return Elk Ridge Equipment to the location specified by Elk Ridge, at Seller’s expense. D. Elk Ridge’s rights and remedies in this Section shall not be exclusive and are in addition to any other rights and remedies provided at law or in equity including injunctive relief and specific performance.

Term Termination Remedies. A. The This Contract shall automatically terminate after final acceptance of the Services and final payment by Elk RidgeTri-State; provided that if Elk Ridge Tri-State decides not to proceed with the repair the Contract shall automatically terminate (i) after return of Elk Ridge Tri-State Equipment to Elk Ridge Tri-State or (ii) sale/disposal for scrap of the Elk Ridge Tri-State Equipment and final payment, if instructed by Elk Ridge Tri-State pursuant to Section 2(A). Notwithstanding the above, this Section 4 and Sections 2, 6 – 9, 12, 16, and 18 and 21-24 21 of these Terms shall survive any such termination. B. Elk Ridge Tri-State may terminate the this Contract in whole or in part for convenience at any time on written notice to Seller. If Elk Ridge Tri-State terminates prior to deciding to proceed with the repair, Elk Ridge Tri-State shall compensate Seller for the cost incurred by Seller to teardown and inspect Elk Ridge Tri-State Equipment through the effective date of termination. If Elk Ridge Tri-State terminates after deciding to proceed with the repair, Elk Ridge Tri-State shall compensate Seller for the cost incurred by Seller to teardown, inspect, and repair Elk Ridge Tri-State Equipment through the effective date of termination. Upon receipt of notice of termination, Seller shall promptly return Elk Ridge Tri-State Equipment to the location specified by Elk RidgeTri-State, at Elk RidgeTri-State’s expense. C. Elk Ridge Tri-State may terminate the this Contract in whole or in part if Seller defaults in the performance of the Services or breaches any provision in the this Contract and: (i) Seller does not cure such default or breach after written notice from Elk Ridge Tri-State within a reasonable time as determined by Elk Ridge Tri- State or (ii) Elk Ridge Tri-State determines in its reasonable discretion that such default or breach cannot be cured. Seller shall be liable to Elk Ridge Tri-State for all costs and expenses in connection with such default or breach. Upon receipt of notice of termination for default, Seller shall promptly return Elk Ridge Tri-State Equipment to the location specified by Elk RidgeTri-State, at Seller’s expense. D. Elk RidgeTri-State’s rights and remedies in this Section shall not be exclusive and are in addition to any other rights and remedies provided at law or in equity including injunctive relief and specific performance.

Term Termination Remedies. A. The Contract shall automatically terminate after final acceptance of the Services and final payment by Elk RidgeTri-State; provided that if Elk Ridge Tri-State decides not to proceed with the repair the Contract shall automatically terminate (i) after return of Elk Ridge Tri-State Equipment to Elk Ridge Tri-State or (ii) sale/disposal for scrap of the Elk Ridge Tri-State Equipment and final payment, if instructed by Elk Ridge Tri-State pursuant to Section 2(A). Notwithstanding the above, this Section 4 and Sections 2, 6 – 9, 12, 16, and 18 and 21-24 of these Terms shall survive any such termination. B. Elk Ridge Tri-State may terminate the Contract in whole or in part for convenience at any time on written notice to Seller. If Elk Ridge Tri-State terminates prior to deciding to proceed with the repair, Elk Ridge Tri-State shall compensate Seller for the cost incurred by Seller to teardown and inspect Elk Ridge Tri-State Equipment through the effective date of termination. If Elk Ridge Tri-State terminates after deciding to proceed with the repair, Elk Ridge Tri-State shall compensate Seller for the cost incurred by Seller to teardown, inspect, and repair Elk Ridge Tri-State Equipment through the effective date of termination. Upon receipt of notice of termination, Seller shall promptly return Elk Ridge Tri-State Equipment to the location specified by Elk RidgeTri-State, at Elk RidgeTri-State’s expense. C. Elk Ridge Tri-State may terminate the Contract in whole or in part if Seller defaults in the performance of the Services or breaches any provision in the Contract and: (i) Seller does not cure such default or breach after written notice from Elk Ridge Tri-State within a reasonable time as determined by Elk Ridge Tri- State or (ii) Elk Ridge Tri-State determines in its reasonable discretion that such default or breach cannot be cured. Seller shall be liable to Elk Ridge Tri-State for all costs and expenses in connection with such default or breach. Upon receipt of notice of termination for default, Seller shall promptly return Elk Ridge Tri-State Equipment to the location specified by Elk RidgeTri-State, at Seller’s expense. D. Elk RidgeTri-State may terminate the Contract in whole or in part upon written notice to Seller if Tri-State reasonably believes such termination is necessary in order to comply with the Bulk Electric Executive Order, including any rules or regulations issued pursuant to the Bulk Electric Executive Order. In such event, Seller shall promptly refund to Tri-State any payments made by Tri-State and Tri-State shall promptly return, at the expense of Seller, any equipment or facilities already delivered by Seller. Tri-State shall have no further obligation or liability to Seller arising out of this termination. E. Tri-State’s rights and remedies in this Section shall not be exclusive and are in addition to any other rights and remedies provided at law or in equity including injunctive relief and specific performance.