Termination and Liquidated Damages. If (a) SELLER fails to tender delivery of any Aircraft within [***] days of the Scheduled Delivery Date (after giving effect to any extension thereof and/or any revised Scheduled Delivery Date acknowledged by BUYER) for that Aircraft if the delay is not due to a cause, set forth in section 16 or 17, or (b) SELLER fails to tender delivery of any Aircraft within [***] days of the Scheduled Delivery Date (after giving effect to any extension thereof and/or any revised Scheduled Delivery Date acknowledged by BUYER) for that Aircraft due to a cause set forth in section 16 or 17, then BUYER may terminate this Agreement immediately with respect to all undelivered Aircraft. In order to so terminate, BUYER shall provide SELLER written notice within [***] days after the end of the [***]-day period in clause (a) above or within [***] days of the end of the [***] day period in clause (b) above. Upon receipt of such notice, SELLER shall promptly return to BUYER all consideration paid hereunder for aircraft that have not been delivered together with all accrued interest thereon as well as any appropriate penalties incurred pursuant to section 17, and the parties shall be released from all further obligations under this Agreement with respect to undelivered Aircraft; however, the parties’ obligations with respect to delivered Aircraft shall remain in full force and effect. If BUYER fails to deliver notice of termination of this Agreement within the time period set forth in this paragraph, BUYER shall forfeit the right to terminate this Agreement with respect to the delivery default that gave rise to the termination right, and the Specified Delivery Date for the late aircraft shall be extended to be the same date as the Specified Delivery Date for the next Aircraft to be delivered hereunder, or if the late Aircraft is the last Aircraft to be delivered hereunder, the Specified Delivery Date shall be extended [***] days. SELLER may terminate this Agreement, upon [***] days written notice to BUYER, as a result of (a) BUYER’S unwarranted failure or refusal to accept delivery of the Aircraft within [***] days after SELLER has tendered the Aircraft for delivery or (b) BUYER’S failure to pay any installment of the Purchase Price when due, or (c) BUYER’S failure to make final payment of the Purchase Price at the xxxx XXXXXX tenders delivery of the Aircraft. In addition, SELLER may terminate this Agreement on written notice at any time prior to SELLER’S receipt of the Deposit Due ...
Termination and Liquidated Damages. COMPANY shall have the right to terminate Employee "for cause".
Termination and Liquidated Damages. This Agreement may be terminated by the parties by mutual agreement. No termination under this Section shall have any affect on the non-refundable fee paid (net of liabilities of the Company or otherwise) to the Consultant hereunder, which sum is determined to be a paid in advance, non-refundable fee, which shall also be considered to be liquidated damages to the Consultant in the event of termination by either party.
Termination and Liquidated Damages. ARTICLE VIII. GENERAL PROVISIONS Parent Disclosure Schedule EXHIBIT A CERTIFICATE OF DESIGNATION OF SERIES K PARTICIPATING CONVERTIBLE PREFERRED STOCK EXHIBIT B LIST OF OTHER AGREEMENTS EXHIBIT C FIFTH AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT OF COGENT COMMUNICATIONS, INC. EXHIBIT D FOURTH AMENDED AND RESTATED STOCKHOLDERS AGREEMENT OF COGENT COMMUNICATIONS, INC.
Termination and Liquidated Damages. (1) If Closing fails to occur for any reason on or before the Closing Date, except for the SELLER’s inability to deliver the certificate in (3) below, any and all amounts theretofore paid by PURCHASER to SELLER, including specifically those set forth in Section 2A above shall be retained by SELLER as liquidated damages, free and clear of any claims by PURCHASER.
(2) If Closing fails to occur because SELLER has received and accepted an unsolicited superior offer, SELLER shall pay PURCHASER the sum of $400,000 and this AGREEMENT shall be automatically terminated with neither party having any further rights, duties, obligations or liabilities hereunder.
(3) If Closing fails to occur because SELLER cannot deliver on Closing an officer’s certificate stating that all representations and warranties of SELLER set forth in Section 6 below continue to be true and correct in all material respects on and as of the Closing Date, SELLER shall, within three business days, pay to PURCHASER the sum of $300,000.
Termination and Liquidated Damages. 12This Agreement may be terminated by either party at any time, with or without cause. CUSTOMER’s failure to comply with the terms of this Agreement and/or PureVita MD™’s No Internet Sales Policy and/or PureVita MD™’s Private Label Sales Policy is a breach of contract, resulting in immediate termination of CUSTOMER’s right to purchase any Products. It is stipulated that upon any breach of this Agreement by Customer, the amount of ONE HUNDRED AND 00/100 ($100.00) DOLLARS per day shall serve as liquidated damages for each breach. Because the Parties agree and recognize that the actual amount of damages resulting from Customer’s breach is difficult or impossible to determine, it is also agreed that this liquidated damages provision shall be cumulative and therefore supplementary to any other remedy existing by law, equity or statute. PureVita MD™ reserves the right to enforce its statutory rights to recover damages against Customer for trademark infringement and the like.
Termination and Liquidated Damages. (a) This Agreement and Executive's retention hereunder may be terminated at any time by either party upon ten (10) days prior written notice to the other party. In the event of (i) such a termination by the Company, other than a termination for "Cause," as hereinafter defined, or (ii) a termination at any time by Executive as a result of a breach of this Agreement by the Company, Executive shall be entitled to receive as liquidated damages an amount in cash equal to the then-present value of all remaining payments due hereunder through June 30, 1995. Such amount shall be calculated using a discount rate of 6% per annum and shall be paid in a single sum not later than ten (10) days after any such termination.
(i) In the event of a voluntary termination of his retention hereunder by Executive prior to the close of business on
Termination and Liquidated Damages. (a) This Agreement and Consultant's retention hereunder may be terminated at any time by either party upon sixty (60) days prior written notice to the other party. In the event of (i) such a termination by the Company, other than a termination for "Cause," as hereinafter defined, or (ii) a termination at any time by Consultant as a result of a breach of this Agreement by the Company, Consultant shall be entitled to receive as liquidated damages an amount in cash equal to the unpaid portion of the Bonuses.
(e) Subsection 7.(a) of the Consulting Agreement is hereby amended and restated in its entirety to read as follows:
Termination and Liquidated Damages. In the event that the Closing of this Share Purchase Agreement has not occurred on or before November 9, 2012 (the “Outside Closing Date”), and no material breach of this Agreement by the Party seeking to terminate this Agreement shall have occurred or have been made (as provided in Section 9.2 hereof), the Company, on the one hand, and the Seller, on the other hand, shall have the right, at its or their sole option, to terminate this Share Purchase Agreement without liability to the other side. Such right may be exercised by the Company, on the one hand, and the Seller, on the other hand, as the case may be, giving written notice to the other at any time after the Outside Closing Date.
Termination and Liquidated Damages. The Implementation Agreement is subject to termination in certain circumstances set out in that agreement including but not limited to the non-fulfilment of the Pre-Conditions or the Conditions, the occurrence of a Company Material Adverse Change, or a material breach of the Implementation Agreement, provided that neither party shall be entitled to terminate the Implementation Agreement after the date on which the “finalisation date announcement” required under the JSE Listings Requirements is released on SENS, once all the Conditions are fulfilled or waived.
