Termination and Reduction. The Company shall have the right, upon at least three Business Days’ notice to the Administrative Agent, to terminate in whole or reduce each Lender’s Pro Rata Share of the unused Commitments. Each partial reduction of the Commitments shall be in the aggregate amount of at least $10,000,000 or a larger whole multiple of $1,000,000.
Termination and Reduction. 16.1 In the event of acts of God, fire, storm, flood, earthquake, explosion, accident, acts of a public enemy or terrorism, war, rebellion, insurrection, sabotage, epidemic, quarantine restrictions, industrial dispute, transportation embargo or failure or delay in transportation that render the performance of the Services impracticable or impossible either Party may, upon providing a minimum of three (3) calendar months written notice to the other, terminate the SRA Agreement.
16.2 In addition to clause 16.1, ACIAR may at any time by written notice, terminate the SRA Agreement, or reduce it in scope. If the SRA Agreement is terminated under clause 16.1 or 16.2, ACIAR shall be liable only for:
(a) payments under the payment provisions of the SRA Agreement for Services rendered before the effective date of termination; and
(b) subject to clauses 16.3, 16.4 and 16.5 any reasonable costs incurred by the Commissioned Agent and directly attributable to the termination or partial termination of the SRA Agreement.
16.3 Upon receipt of a notice of termination the Commissioned Agent shall:
(a) stop work as specified in the notice;
(b) take all available steps to minimise loss resulting from that termination and protect the Material; and
(c) continue work on any part of the Services not affected by the notice.
16.4 In the event of a reduction in scope, ACIAR's liability to provide funds under the SRA Agreement shall, in the absence of agreement to the contrary, xxxxx proportionately to the reduction in the Services.
16.5 ACIAR shall not be liable to pay compensation in an amount that would, in addition to any amounts paid or due, or becoming due, to the Commissioned Agent under the SRA Agreement, together exceed the funds set out in the SRA Agreement. The Commissioned Agent shall not be entitled to compensation for loss of prospective profits.
16.6 If the Commissioned Agent fails to fulfil or is in breach of any of its material obligations under the SRA Agreement and does not rectify the omission or breach after receiving fourteen (14) days’ notice in writing from ACIAR to do so, ACIAR may terminate the SRA Agreement by giving written notice to the Commissioned Agent of the termination which is effective immediately.
Termination and Reduction. The Eligible Organisation may terminate this Agreement if: the Funding Body ceases to provide Funding for the Project or the Funding Agreement is terminated for any reason, in which case the Eligible Organisation will notify the Participating Institutions and the Parties will meet to discuss available options regarding the Project and this Agreement; or a Participating Institution breaches a material term of this Agreement and such breach is not remedied within 30 days of written notice of the breach by the Eligible Organisation to the Participating Institution. This Agreement may be terminated: at any time by the Parties mutual written agreement; or if the Project is wholly terminated. If the Eligible Organisation receives notice that a Participating Institution wishes to withdraw its involvement in the Project the Eligible Organisation will seek, in accordance with the Funding Agreement, the remaining Parties consent to terminate this Agreement, or continue the Project with the remaining Participating Institutions. Where the Parties elect to proceed with the Project they will do all things necessary to amend this Agreement to reflect the new arrangements. If Health reduces the scope of the Funding Agreement, the Project or the Funding, the Eligible Organisation will notify the Participating Institutions in writing and the Parties agree that this Agreement will be similarly reduced. Upon termination or reduction, the Parties will stop or reduce performance of the Project, take all reasonable steps to minimise loss resulting from the termination or reduction, continue to perform any Project obligations which are not affected by the reduction, and each Participating Institution will reasonably assist the Eligible Organisation to comply with a request from Health for the Funding to be repaid if that request arises from the Participating Institution’s conduct. The Parties will also return all Confidential Information and property belonging to the other Parties within 14 days of the termination date, except that a Party will not be required to delete or destroy any electronic back-up files that have been created solely by its automatic or routine archiving and back-up procedures, to the extent created and retained in a manner consistent with such procedures. No Party will be liable to the other upon termination of this Agreement for any compensation for loss of prospective opportunities or benefits that would have been conferred on another Party but for the te...
Termination and Reduction. The Borrower shall have the right, upon at least two Business Days' notice to the Agent, to terminate in whole or reduce each Lender's Pro Rata Share of the unused Commitments, provided that the aggregate amount of the Commitments of the Lenders shall not be reduced to an amount that is less than the aggregate principal amount of the Uncommitted Advances then outstanding. Each partial reduction of the Commitments shall be in the aggregate amount of at least $10,000,000 or a larger whole multiple of $1,000,000.
Termination and Reduction. If the Court declines to grant either preliminary or final approval to this Settlement Agreement or any material part hereof (as set forth in Sections II(F)(4) or (F)(8) above, respectively), or if the Court approves this Settlement Agreement in a materially modified form, or if after the Court’s approval, such approval is materially modified or set aside on appeal, or if the Court does not enter the Order and Final Judgment, or if the Court enters the Order and Final Judgment and appellate review is sought and on such review such Final Order and Judgment is not affirmed (collectively, “Triggering Events”), then Xxxxxxxxx Farms and Class Plaintiffs shall each, in their respective sole discretion, have the option to rescind this Settlement Agreement in its entirety by providing written notice of their election to do so (“Termination Notice”) to each other within thirty calendar days of any such Triggering Event. For purposes of this Section II(F)(12), a material modification includes but is not limited to any modification to the settlement payments, scope of the Settlement Class definition, or the scope of the Released Claims. If rescinded or terminated, this Settlement Agreement shall become null and void, and, with the exception of any Settlement Funds used for notice purposes pursuant to Section II(D)(2), all other funds remaining in the Escrow Account (including interest earned thereon) shall be returned to Xxxxxxxxx Farms and the Settling Parties’ position shall be returned to the status quo ante. In no way shall Class Plaintiffs have the right to rescind or terminate this Settlement Agreement if the Court fails or refuses to grant any request for attorneys’ fees, reimbursement of costs, or any service awards to class representatives.
Termination and Reduction. If the Court declines to grant either preliminary or final approval to this Settlement Agreement or any material part hereof (as set forth in Sections II(F)(4) or (F)(8) above, respectively), or if the Court approves this Settlement Agreement in a materially modified form, or if after the Court’s approval, such approval is materially modified or set aside on appeal, or if the Court does not enter the Order and Final Judgment, or if the Court enters the Order and Final Judgment and appellate review is sought and on such review
Termination and Reduction.
16.1 Should acts of God, fire, storm, flood, earthquake, explosion, accident, acts of a public enemy or terrorism, war, political upheaval, rebellion, insurrection, sabotage, epidemic, quarantine restrictions, industrial dispute, withdrawal of necessary support for the Project by a host nation government listed in the International Arrangements, transportation embargo or failure or delay in transportation render the completion of the Project impossible or unfeasible, either Party may terminate this Agreement upon providing the other with three months’ written notice.
Termination and Reduction. The Company shall have the right, upon at least three Business Days’ notice to the Administrative Agent, to terminate in whole or reduce each Lender’s Pro Rata Share of the Unused Revolving Credit Commitments. Each partial reduction of the Revolving Credit Commitments shall be in the aggregate amount of at least $10,000,000 or a larger whole multiple of $1,000,000. If, after giving effect to any reduction of the Unused Revolving Credit Commitments, the aggregate Swing Line Commitments exceeds the aggregate amount of the Revolving Credit Commitments at such time, the aggregate Swing Line Commitments shall be automatically reduced ratably by the amount of such excess. The Company shall have the right, upon at least three Business Days’ notice to the Administrative Agent and each Swing Lender, to terminate in whole or permanently reduce in part the Swing Line Commitments of the Swing Line Lenders ratably; provided that each partial reduction shall be in the aggregate amount of $10,000,000.
Termination and Reduction of the Working Capital ------------------------------------------------ Commitments. -----------
(i) The Company may, at any time, upon not less than thirty days' prior written notice to the Agent, a copy of which shall promptly be provided by the Agent to each Lender, reduce the aggregate Working Capital Commitment Amount, with any such reduction in a minimum amount of $1,000,000, or, if more, in an integral multiple of $500,000 in excess thereof; provided, that the Company may not reduce the aggregate Working Capital Commitment Amount below the aggregate principal amount of outstanding Working Capital Loans plus any Letter ---- of Credit Obligations. The Company may, upon not less than thirty days' prior written notice to the Agent, a copy of which shall promptly be provided by the Agent to each Lender, terminate the Working Capital Commitments in their entirety. Upon termination of the Working Capital Commitments pursuant to this Section, the Company shall pay to First Bank the aggregate amount of all outstanding Working Capital Loans and Unpaid Drawings, all accrued and unpaid interest thereon, any unpaid fees accrued to the date of such termination and all other unpaid obligations of the Company to the Lender in respect of its Working Capital Commitments and Letters of Credit hereunder, and shall deposit into the Holding Account an amount equal to the aggregate amount available to be drawn under Letters of Credit outstanding on such date.
(ii) Notwithstanding the foregoing, any termination of the Working Capital Commitment pursuant to Section 6.02 shall supersede any notice of termination or reduction under this Section 2.02(e). Once the Working Capital Commitments have been terminated or reduced, they may not be reinstated.
Termination and Reduction. Termination due to circumstances outside the control of the Parties
16.1 Should acts of God, fire, storm, flood, earthquake, explosion, accident, acts of a public enemy or terrorism, war, political upheaval, rebellion, insurrection, sabotage, epidemic, quarantine restrictions, industrial dispute, withdrawal of necessary support for the Project by a host nation government listed in the International Arrangements, transportation embargo or failure or delay in transportation render the completion of the Project impossible or unfeasible, either Party may terminate this Agreement upon providing the other with three months’ written notice.
