Termination and Other Remedies a. If Registered User breaches the provisions in this Agreement or otherwise uses data or information improperly as deemed by Clerk, the Clerk has the right to terminate this Agreement immediately and pursue any other remedy available at law or in equity.
b. This Agreement will be terminated immediately if funding is withdrawn for any reason. Registered User acknowledges that the Clerk has no control over appropriations that may be provided by any governmental entity for the continuation of the services under this Agreement.
Termination and Other Remedies. WUTC may require strict compliance by the grantee with the terms of this agreement including, but not limited to, the requirements of the applicable statutes, rules and WUTC policies which are incorporated into this agreement, and with the representations of the grantee in its application for a grant as finally approved by WUTC. WUTC or the Secretary, may suspend, or may terminate, the obligation to provide funding to the grantee under this agreement:
A. In the event of any breach by the grantee of any of the grantee’s obligations under this agreement; or
B. If the grantee fails to make progress satisfactory to WUTC or Secretary toward completion of the project by the completion date set out in this agreement. WUTC may enforce this agreement by the remedy of specific performance, which usually will mean completion of the Project as described in this agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy available to WUTC. No remedy available to WUTC shall be deemed exclusive. WUTC may elect to exercise any, any combination, or all of the remedies available to it under this agreement, or under any provision of law, common law, or equity.
Termination and Other Remedies a. Either party may terminate this Agreement in its entirety by giving the other party 90 days written notice. In addition, USAID may terminate this Agreement in whole or in part, upon giving the Recipient written notice, if the Recipient substantially fails to comply with any provision of this Agreement, after efforts have been made by both parties to resolve the issues.
b. In the event of termination by USAID or in the event of termination by either party in the event of force majeure circumstances, the termination will not apply to funds irrevocably committed in good faith by the Recipient, including those entered into with third parties, before the termination date indicated in the notice of termination, provided that the commitments were made in accordance with this Agreement. Any portion of this Agreement which is not terminated will remain in full force and effect. If, however, the Recipient considers that the reduced funding makes the continuation of the Activity, or any part of the Activity, impracticable, the Recipient may terminate the Agreement in whole or in part.
c. USAID, notwithstanding the availability or exercise of any other remedies under this Agreement, may require the Recipient to refund a proportionate amount of the Grant in the event that the cost of the Activity is below total contributions by donors. If the provided, unspent balances attributed to USAID, as of the estimated completion date, is two percent or less of the amount contributed under this Agreement, then the Recipient may apply these balances to the continuation and close-out of the program of work beyond this date. The Recipient agrees to report to USAID within two years on how the balances were used for the purposes of this Agreement. In all cases, the Recipient must contact the USAID financial management representative listed below within 90 days of the estimated completion date, in the event of the availability of unspent and uncommitted funds.
Termination and Other Remedies. Should the Insurer materially breach or default in any obligation as set forth in this Agreement and not timely cure such material default and breach as set forth in this section, CITIZENS may in its sole discretion, take any or all of the follow actions:
(i) Terminate this Agreement or declare this Agreement canceled or void.
(ii) Prohibit Insurer from further assumption of policies pursuant to this Agreement or any future agreement.
(iii) Notify the Office of the violation of the Agreement and request that the Office take appropriate administrative action.
(iv) Forfeiture of up to the entire amount of any escrowed bonus instituted pursuant to Paragraph 4.E., which shall be set forth in detail in any addendum negotiated pursuant to Paragraph 4.E.
(v) In addition to any rights and remedies set forth in this Agreement, the non-defaulting party shall have all rights and remedies available at law and/or equity, including, but not being limited to, the right to specific performance, damages or injunctive relief.
Termination and Other Remedies. Should the Insurer materially breach or default in any obligation as set forth in this Agreement and not timely cure such material default and breach as set forth in this section, TWIA may in its sole discretion take any or all or some of the follow actions:
i) Terminate this Agreement or declare this Agreement canceled or void.
ii) Prohibit Insurer from further assumption of policies pursuant to any future agreement.
iii) Notify the Department of the violation of the Agreement and request that the Department take appropriate administrative action. In addition to any rights and remedies set forth in this Agreement, the non-defaulting party shall have all rights and remedies available at law and/or equity, including, but not being limited to, the right to specific performance, damages or injunctive relief.
Termination and Other Remedies. (a) Remedies for the MPF Bank’s Default. Without limiting the effect of Section 12.1 or Section 12.4, upon the occurrence of an Event of Default caused by any MPF Bank, (i) the MPF Provider shall have the right, subject to the requirements of Section 13.1(b), to terminate this Agreement with respect to such MPF Bank, and (ii) the MPF Bank shall pay to the MPF Provider an amount equal to the MPF Provider’s actual and direct damages arising from and accruing during the continuance of the Event of Default, but the MPF Bank shall have no responsibility for any consequential or punitive damages.
(b) Remedies for the MPF Provider’s Default. Without limiting the effect of Section 12.2, upon the occurrence of an Event of Default caused by the MPF Provider, each MPF Bank shall have the right, subject to the requirements of Section 13.1(b), to terminate this Agreement with respect to such MPF Bank. Until the MPF Provider’s obligations to provide the Services terminates as provided in Section 13.1(b), such MPF Bank shall continue to pay the Transaction Services Fee for the Services after a termination in accordance with the provisions of the FHLB Guide at the time of such termination. Further, the MPF Provider shall pay to such MPF Bank an amount equal to the MPF Bank’s actual and direct damages arising from the Event of Default, but the MPF Provider shall have no responsibility for any consequential or punitive damages.
Termination and Other Remedies. Should the Insurer materially breach or default in any obligation as set forth in this Agreement and not timely cure such material default and breach as set forth in this section, CITIZENS may in its sole discretion, take any or all of the follow actions:
(i) Terminate this Agreement or declare this Agreement canceled or void.
(ii) Prohibit Insurer from further assumption of policies pursuant to this Agreement or any future agreement.
Termination and Other Remedies. If the User breaches any of the provisions in this Agreement, the Clerk reserves the exclusive right to terminate this Agreement immediately, without advanced notice to the User, and shall enjoy the right to pursue any remedy available to the Clerk at law or in equity for such breach.
Termination and Other Remedies. Unless otherwise provided herein, this contract may be terminated or suspended by either party upon not less than twenty (20) days written notice, although such termination or suspension by the Authority shall be for cause and in accordance with the Federal Act, regulations promulgated thereunder, and the Authority's policies and procedures, and shall not become final until the Holder is afforded adequate notice and an opportunity for hearing on the merits of the Authority's claims and contentions as provided by the Federal Act and 11 KAR 4:020, the provisions of which regulation shall be deemed to apply to Holders of loans. However, the Authority shall have the power to take emergency action in accordance with 11 KAR 4:020 to suspend operation of this contract, pending the outcome of said hearing, if the Authority determines that such action is necessary to prevent substantial harm to the interest of the Commonwealth, the Authority, the United States Government, or any eligible student. Termination by either party shall not affect the obligations incurred under this contract prior to the effective date of the termination. In the event that the Authority shall have probable cause to believe that any of the assurances or representations made by the Holder are incomplete, inaccurate, or misleading and deceptive, or that there has been a failure by the Holder to comply with the terms and conditions of this contract or applicable laws or regulations, in any material respect, then short of termination or suspension, the Executive Director of the Authority or his designee shall have the right to take any reasonable action necessary including, but not limited to: litigation, withholding of payments, probation, or limitation of participation, or requiring reimbursement of any funds expended or obligated to be expended by the Authority as the result of reliance upon such assurances, representations, or anticipation of compliance. In the event that the Secretary has assumed the Authority's functions, and if the Secretary determines that this contract includes an impermissible transfer of the reserve funds or assets, then the Secretary may terminate this contract upon 30 days notice. Unless otherwise provided, any material noncompliance with the terms and conditions of this contract shall subject the noncomplying party to any and all forms of remedial action, legal and equitable. No choice of remedies shall be required of the injured party.
Termination and Other Remedies. 8.1 In addition to any other rights and/or remedies that YP may have under the circumstances, all of which are expressly reserved, YP may suspend performance and/or terminate this Agreement immediately upon written notice at any time if:
8.1.1 SurfNet is in material breach of this Agreement, and fails to cure that breach within sixty (60) business days after written notice thereof, in which case YP Net will have the right to withhold payment of amounts otherwise owed by YP Net to SurfNet pursuant to this Agreement; or
8.1.2 In the case of a failure to provide the technology or deliverables as promised by the delivery dates as mutually agreed by the parties herein or as extended than YP will be entitled to the return of all the development money tendered herein.
8.1.3 SurfNet becomes insolvent or makes any assignment for the benefit of creditors or similar transfer evidencing insolvency; or suffers or permits the commencement of any form of insolvency or receivership proceeding; or has any petition under any bankruptcy law filed against it, which petition is not dismissed within sixty (60) business days of such filing; or has a trustee or receiver appointed for its business or assets or any part thereof.
8.2 In addition to any other rights and/or remedies that SurfNet may have under the circumstances, all of which are expressly reserved, SurfNet may suspend performance and/or terminate this Agreement immediately upon written notice at any time if:
8.2.1 YP is in material breach of Section 3 of this Agreement, and fails to cure that breach within thirty (30) business days after written notice thereof; or
8.2.2 YP becomes insolvent or makes any assignment for the benefit of creditors or similar transfer evidencing insolvency; or suffers or permits the commencement of any form of insolvency or receivership proceeding; or has any petition under any bankruptcy law filed against it, which petition is not dismissed within sixty (60) business days of such filing; or has a trustee or receiver appointed for its business or assets or any part thereof.
8.3 In the event of termination or expiration of this Agreement for any reason, any provision required to interpret the rights and obligations of the Parties arising prior to termination of this Agreement shall survive termination.
