Common use of TERMINATION AND EXPIRY Clause in Contracts

TERMINATION AND EXPIRY. ‌ This Agreement will terminate on the Expiry Date unless terminated earlier under this Clause 22 The Authority shall be entitled to terminate the Agreement early by giving [three (3)] months’ written notice [(which includes a one-month cure period and two-months' notice)] where: (a) the Operator fails to perform any of its obligations under this Agreement and this has a material impact on the Project and such failure continues after the lapse of the [three (3)] months’] written notice from the Authority to the Operator requesting that such failure be cured; (b) the actions of the Operator directly cause a widespread danger to the health of the public in the Service Area and such failure continues after the lapse of the [three (3)] months’] written notice from the Authority to the Operator requesting that such failure be cured; (c) the Operator becomes insolvent or bankrupt or goes into liquidation whether compulsory or voluntary; or (d) the Operator in the reasonable judgment of the Authority has engaged in corrupt or fraudulent practices in competing for or in executing this Agreement. The Operator shall be entitled to terminate the Agreement early by giving [three (3)] months’ notice [(which includes a one-month cure period and two-months' notice)] where the Authority fails to perform any of its obligations under this Agreement in a material respect and such failure continues after the lapse of the [three (3)] months’] written notice from the Operator to the Authority requesting that such failure be cured. In respect of Clause 22.2(b) and 22.2(c) such right to terminate shall not arise to the extent that the default occurred solely as a result of any breach of the other party of this Agreement or is due to Force Majeure. In the case of prolonged Force Majeure, the Parties may terminate this Agreement without further liability to each other in accordance with Clause 28.5. In the case of prolonged Material Adverse Government Action, the Parties may terminate this Agreement in accordance with Clause 29.4.

TERMINATION AND EXPIRY. ‌ ‌‌ 22.1 This Agreement will terminate on the Expiry Date unless terminated earlier under this Clause 22 22. 22.2 The Implementing Authority shall be entitled to terminate the Agreement early by by: (a) giving [three (3)] months’ written notice [(which includes a one-month cure period and two-months' notice)] where: (ai) the Operator fails to perform any of its obligations under this Agreement and this has a material impact on the Project and such failure continues after the lapse of the [three (3)] months’] written notice from the Implementing Authority to the Operator requesting that such failure be cured; (bii) the actions of the Operator directly cause a widespread danger to the health of the public in the Service Area and such failure continues after the lapse of the [three (3)] months’] written notice from the Implementing Authority to the Operator requesting that such failure be cured;cured;‌ (ciii) the Operator becomes insolvent or bankrupt or goes into liquidation whether compulsory or voluntary; oror‌ (db) giving one (1) day's written notice where the Operator Operator, in the reasonable judgment of the Authority Authority, has engaged in corrupt or fraudulent practices in competing for or in executing this Agreement. The Implementing Authority reserves the right to report such corrupt and fraudulent practices to the relevant bodies dealing with anti-corruption matters in Zanzibar. 22.3 The Operator shall be entitled to terminate the Agreement early by giving [three where: (3)] months’ notice [(which includes a one-month cure period and two-months' notice)] where a) the Implementing Authority fails to perform any of its obligations under this Agreement in a material respect and such failure continues after the lapse of the [three (3)] months’] written notice from the Operator to the Implementing Authority requesting that such failure be cured. ; or (b) the Lenders instruct the Operator to terminate this Agreement due to either the Operator or the Authority's material failure to fulfil its obligations under this Agreement, after the lapse of [six (6)] months'] written notice from the Lenders to the Operator requesting that such failure by the Operator or the Implementing Authority be cured. 22.4 In respect of Clause 22.2(b22.2(a)(ii)22.2(a)(ii) and 22.2(c22.2(a)(iii) such right to terminate shall not arise to the extent that the default occurred solely as a result of any breach of the other party of this Agreement or is due to Force Majeure. . 22.5 In the case of prolonged Force Majeure, the Parties may terminate this Agreement without further liability to each other in accordance with Clause 28.5. . 22.6 In the case of prolonged Material Adverse Government Action, the Parties may terminate this Agreement in accordance with Clause 29.4.

TERMINATION AND EXPIRY. ‌ a) This Agreement will terminate on the Expiry Date unless terminated earlier under this Clause 22 section 10. b) The Authority shall be entitled to terminate the Agreement early by giving [three (3)] months’ written months notice [(which includes a one-month cure period and two-months' notice)] where: (a) : the Operator fails to perform any of its obligations under this Agreement and this has a material impact on the Project and such failure continues after the lapse of the for [three thirty (330)] months’] days after written notice from the Authority to the Operator requesting that such failure be cured; (b) ; the actions of the Operator directly cause a widespread danger to the health of the public in the Service Area and such failure continues for thirty (30) days after the lapse of the [three (3)] months’] written notice from the Authority to the Operator requesting that such failure be cured; (c) ; the Operator becomes insolvent or bankrupt or goes into liquidation whether compulsory or voluntary; or (d) or the Operator in the reasonable judgment of the Authority has engaged in corrupt or fraudulent practices in competing for or in executing this Agreement. . c) The Operator shall be entitled to terminate the Agreement early by giving [three (3)] months’ months notice [(which includes a one-month cure period and two-months' notice)] where the Authority fails to perform any of its obligations under this Agreement in a material respect and such failure continues after the lapse of the for [three thirty (330)] months’] days after written notice from the Operator to the Authority requesting that such failure be cured. . d) In respect of Clause 22.2(bsection 10.1(b) and 22.2(c(c) such right to terminate shall not arise to the extent that the default occurred solely as a result of any breach of the other party of this Agreement or is due to Force Majeure. . e) In the case of prolonged extended Force Majeure, the Parties may terminate this Agreement without further liability to each other in accordance with Clause 28.5. In the case of prolonged Material Adverse Government Action, the Parties may terminate this Agreement in accordance with Clause 29.4Section 11.