Termination and Damages. In the event of any default by Tenant, then in addition to any other remedies available to Landlord herein or at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus
(c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the ordinary course of events would be likely to result therefrom; and
(e) At Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the applicable law in the state in which the Leased Premises are located.
Termination and Damages. This Agreement may be terminated by either party by providing the other party thirty (30) days written notice of intent to terminate. If this Agreement is terminated, the District shall pay ESD112 for all work performed and expenses incurred up to the date this Agreement is terminated. Fees owed following termination shall be paid within thirty (30) days of receipt of an invoice.
Termination and Damages. In the event of any Default by Tenant, then in addition to any other remedies available to Landlord herein or at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus
(c) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the ordinary course of events would be likely to result therefrom; and
(e) At Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the applicable law in the state in which the Leased Premises are located. The parties hereby agree and acknowledge that, in the event of Default by Tenant within the first three (3) years of the Initial Term for the Initial Premises, the amount of damages may include the amount of the brokerage commission paid to the Broker pursuant to Section 39.21 below; provided, however, that the total amount of the brokerage commission to be included in damages shall be automatically reduced by one-third for each year. By way of example, if Tenant Defaults in the second year of the Initial Term for the Initial Premises then sixty-six and six-tenths percent (66.6%) of the total brokerage commission paid by Landlord shall be included in the calculation of damages, and if Tenant Defaults in the third year of the Initial Term for the Initial Premises, then thirty-three and three-tenths percent (33.3%) of the total brokerage commission paid by Landlord shall be included in the calculation of damages.
Termination and Damages. The parties acknowledge that it is their express intent that Buyer is obligated to purchase and Seller is obligated to deliver the Contract Quantity over the Term of this Agreement, and that the basis and circumstances under which the parties may terminate this Agreement prior to the expiration of the Term of this Agreement are expressly limited to the terms of this Section 11.
Termination and Damages. This Agreement may be terminated at any time by mutual consent of the parties if evidenced in writing. In addition, the Owner may terminate this Agreement without penalty on sixty (60) days notice by the vote of the Majority in Interest of the Limited Partners, and the BUC Holders as defined in the Amended and Restated Agreement Of Limited Partnership Of Owner. In the event of Owner's termination of Manager pursuant to this paragraph, Owner shall be liable to pay the Manager the accrued amounts due Manager pursuant to this Agreement up to the day of termination, less the damages, if any, caused by any such breach or violation of this Agreement by Manager. Therefore, the parties agree that the liability of Manager for any breach or violation of this Agreement or duties hereunder shall be limited to the actual management fee received by Manager under this Agreement. Each party shall have all rights and remedies available to them under applicable laws. ATTORNEY FEES In the event that it is necessary for either the Owner or the Manager to maintain any lawsuit, action or proceeding upon this Agreement or if any appeal is taken therefrom, in connection with any controversy arising out of this Agreement, the prevailing party shall be entitled to recover, in addition to such other sums of money or performance due hereunder, such sums as the Court may adjudge reasonable as attorney's fees in said suit, action, proceeding or appeal.
Termination and Damages. (a) High Plains and EPCO may terminate this Agreement or any provision herein by mutual consent upon such terms as they may agree in writing.
(b) If either party breaches any provision of this Agreement, the nonbreaching party shall provide the breaching party with written notice of the alleged breach. The notice of alleged breach shall sufficiently describe the conduct which constitutes the alleged breach, the nonbreaching party's expectation of remedial action to be taken by the breaching party, the alleged damages suffered by the nonbreaching party and the time, which shall not be less than thirty (30) days, within which the breach must be cured. If the breaching party fails to cure the breach within the time specified in the notice of alleged breach; the non- breaching party may terminate this Agreement.
(c) If High Plains sells High Plains' Facility, EPCO may, at its sole discretion, terminate this Agreement without penalty assessed to EPCO.
(d) If EPCO fails to have completed, or made substantial progress toward completion and beginning of operation of the plant on or before May 31, 1998, High Plains may terminate this agreement.
(e) If the CO2 Purchase and Sale Agreement of even date herewith is terminated for any reason, then this lease shall also be considered terminated.
Termination and Damages. In the event of any default by Lessee, then in addition to any other remedies available to Lessor herein or at law or in equity, Lessor shall have the immediate option to terminate this Lease and all rights of Lessee hereunder by giving written notice of such intention to terminate. In the event that Lessor shall elect to so terminate this Lease, then Lessor may recover from Lessee:
Termination and Damages. For any uncured Event of Default, the non- defaulting Party may, at its option do any, some, or all of the following:
1. Net from any payments due from the non-defaulting Party any amount otherwise due from the defaulting Party under or in connection with this PPA, including any unpaid Actual Damages;
2. Seek Actual Damages in such amounts and on such basis for the default as authorized by this PPA;
3. Terminate this PPA immediately upon Notice, without penalty or further obligation to the defaulting Party. Upon the termination of this PPA under this Section 9.2, the non-defaulting Party shall be entitled to receive from the defaulting Party all of the Actual Damages in connection with the Event of Default resulting in such termination.
Termination and Damages. Subject to the remedies limiting provisions in Article 11.3, for any uncured Event of Default, the non- defaulting Party may, at its option do any, some, or all of the following:
1. Offset from any payments due from the non-defaulting Party any amount otherwise due, including any unpaid Liquidated Delay Damages or Actual Damages;
2. Seek Actual Damages in such amounts and on such basis for the default as authorized by this PPA;
3. In the case of an Event of Default by Seller, Buyer may draw on the Security Fund for any unpaid Liquidated Delay Damages, Actual Damages, or any other required and unpaid amount;
4. Terminate this PPA immediately upon Notice, without penalty or further obligation to the defaulting Party. Upon the termination of this PPA under this Article, the non-defaulting Party shall be entitled to receive from the defaulting Party, subject to the Damage Caps, all of the Liquidated Delay Damages and Actual Damages in connection with the Event of Default resulting in such termination.
Termination and Damages. The various rights, options, election powers, and remedies of Lessor contained in this Article and elsewhere in this Lease shall be construed as cumulative and no one of them exclusive of any others or of any legal or equitable remedy which Lessor might otherwise have in the event of breach or default, and the exercise of one right or remedy by Lessor shall not in any way impair its right to any other right or remedy. In the event of any default by Lessee, then in addition to any other remedies available to Lessor herein or at law or in equity, Lessor shall have the immediate option to terminate this Lease and all rights of Lessee hereunder by giving written notice of such intention to terminate. In the event that Lessor shall elect to so terminate this Lease, then Lessor may recover from Lessee: the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Lessee proves could have been reasonably avoided; plus the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided; plus any other amount necessary to compensate Lessor for all the detriment proximately caused by Lessee's failure to perform its obligations under this Lease or which in the ordinary course of events would be likely to result therefrom; and at Lessor's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the applicable law in the state in which the Leased Premises are located. The term "rent", as used in this Lease, shall be deemed to be and to mean the Minimum Rent and all other sums required to be paid by Lessee pursuant to the terms of this Lease. In the event of any default by Lessee, Lessor shall also have the right, with or without terminating this Lease, to reenter the Leased Premises and remove all persons and property from the Leased Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Lessee, or at Lessor's option, all of Lessee's fixtures, furniture, equipment, improvements, additions, alterations and other personal property, shall remain upon the Leased Premises and in that event, ...
