Common use of Terminating Events Clause in Contracts

Terminating Events. This Agreement may be terminated as follows: (a) By the mutual written consent of NAS and SBCT; or (b) By NAS, by ten (10) Business Days written notice to SBCT (if NAS is not then materially in default or breach of this Agreement), if SBCT shall default in any material respect in the performance of any of its obligations under this Agreement, and such default or breach has not been cured by SBCT within seven (7) Business Days following receipt of written notice from NAS of NAS's intention to terminate this Agreement; or (c) By SBCT, by ten (10) Business Days written notice to NAS (if SBCT is not then materially in default or breach of this Agreement), if NAS shall default in any material respect in the performance of any of its obligations under this Agreement, and such default or breach has not been cured by NAS within seven (7) Business Days following receipt of written notice from SBCT of SBCT's intention to terminate this Agreement. (d) If the parties have not received a Required Regulatory Approval by July 15, 2001, SBCT, in its sole discretion, at any time thereafter and by written notice to NAS, may terminate this Agreement as to the Collocation Arrangements in the state for which the Required Regulatory Approval has not been received, and SBCT shall have no liability to NAS with respect to such termination.

Appears in 3 contracts

Samples: Assignment and Assumption Agreement (Network Access Solutions Corp), Assignment and Assumption Agreement (Network Access Solutions Corp), Assignment and Assumption Agreement (Network Access Solutions Corp)

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Terminating Events. This Agreement may be terminated as followsterminated: (a) By the mutual written consent of NAS and SBCTSBC; or (b) By NAS, by ten (10) Business Days written notice to SBCT SBC (if NAS is not then materially in default or breach of this Agreement), if SBCT SBC shall default in any material respect in the performance of any of its obligations under this Agreement, and such default or breach has not been cured by SBCT SBC within seven (7) Business Days following receipt of written notice from NAS of NAS's intention to terminate this Agreement; or (c) By SBCTSBC, by ten (10) Business Days written notice to NAS (if SBCT SBC is not then materially in default or breach of this Agreement), if NAS shall default in any material respect in the performance of any of its obligations under this Agreement, and such default or breach has not been cured by NAS within seven (7) Business Days following receipt of written notice from SBCT SBC of SBCTSBC's intention to terminate this Agreement.; or (d) If By either SBC or NAS if the parties have Closing has not received a Required Regulatory Approval by occurred on or before July 1531, 2001, SBCT, in its sole discretion, at any time thereafter and by written notice 2000 (provided that the right to NAS, may terminate this Agreement as under this Section 10.1(d) shall not be available to any party whose breach of any obligation under this Agreement has been the Collocation Arrangements cause of or resulted in the state for which failure of the Required Regulatory Approval has not been received, and SBCT shall have no liability Closing to NAS with respect to occur on or before such terminationdate).

Appears in 2 contracts

Samples: Stock Purchase Agreement (SBC Communications Inc), Stock Purchase Agreement (Network Access Solutions Corp)

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