Termination and Settlement. With respect to each offering of Securities pursuant to this Agreement, this Agreement shall terminate (a) on the thirtieth business day after the initial public offering of the Securities, (b) on such earlier date as you may determine or (c) on the date of termination of the Underwriting Agreement if the Underwriting Agreement shall be terminated as permitted by its terms. You may at your discretion, on notice to us prior to the termination of this Agreement with respect to the offering of the Securities as provided in the preceding sentence, terminate or suspend the effectiveness of Sections 4, 6 and 7 hereof or any part of them, or alter any of the terms or conditions of offering determined pursuant to Section 4 hereof. No termination or suspension pursuant to this Section 11 shall affect your authority under Section 6 hereof to cover any short position under this Agreement. Upon termination of this Agreement with respect to the offering of the Securities, all authorizations, rights and obligations hereunder shall cease, except (i) the mutual obligations to settle accounts hereunder, (ii) our obligation to pay any transfer taxes that may be assessed and paid on account of any sales hereunder for our account, (iii) our obligation with respect to purchases that may be made by you from time to time thereafter to cover any short position incurred under this Agreement, (iv) our agreements contained in the first and third paragraphs of Section 10 hereof and (v) the obligations of any defaulting Underwriter, all of which shall continue until fully discharged. The accounts arising pursuant to this Agreement with respect to the offering of the Securities shall be settled and paid as soon as practicable after termination hereof with respect to such offering, except that you may reserve such amount as you deem advisable to cover any additional contingent expenses. You are authorized at any time:
(a) To make partial distributions of credit balances or call for the payment of debit balances.
(b) To determine the amounts to be paid to or by us, which determination will be final and conclusive.
(c) As compensation for your services in connection with this Agreement with respect to the offering of the Securities, to charge our account and pay to yourselves, when final accounting is made, an amount per Security to be determined by you and stated in the Invitation (not to exceed the amount or the percentage of the Underwriters' gross spread per Security specified in the ...
Termination and Settlement. This Agreement will terminate (a) at the close of business on the 30th day after the date of the Underwriting Agreement; or (b) on such earlier or later date, not more than 30 days after the date specified in (a), as we may determine; or (c) on the date of termination of the Underwriting Agreement, if the same shall be terminated as provided by its terms. Upon termination of this Agreement, all authorizations, rights and obligations hereunder will cease, except (a) the mutual obligation to settle accounts hereunder, (b) your obligation to pay any claims referred to in the last paragraph of this Section, (c) the obligations with respect to indemnity set forth in Section 15 hereof (all obligations of which will continue until fully discharged), and (d) your obligation with respect to purchases which may be made by us from time to time thereafter to cover any short position with respect to the offering, all of which will continue until fully discharged, and except our authority with respect to matters to be determined by us, or by us and the Company, pursuant to the terms of the Underwriting Agreement, which will survive the termination of this Agreement. The accounts arising pursuant to this Agreement will be settled and paid as soon as practicable after termination. The determination by us of the amounts to be paid to or by you will be final and conclusive. Notwithstanding any settlement upon the termination of this Agreement, you will pay your proportionate share of any amount asserted against and discharged by the Underwriters, or any of them, based upon the claim that the Underwriters constitute an association, unincorporated business or other separate entity, or based upon or arising out of a claim that this Agreement or the Underwriting Agreement is invalid or illegal for any reason, including any expense incurred in defending against such claim, and will pay any transfer taxes which may be assessed thereafter on account of any sale or transfer of Units for our account.
Termination and Settlement. Unless earlier terminated by you, this Agreement shall terminate at the close of business on the 30th day after the initial public offering unless extended by you for an additional period or periods not exceeding an aggregate of 30 additional days. You may extend this Agreement for such period or periods and may terminate this Agreement at any time without prior notice. As soon as practicable after any such termination, any Securities held by you for our account or reserved by you for sale to dealers and other persons but not sold and paid for, shall be delivered to us and our net credit or debit balance, taking into account our share of known expenses and charges and any necessary reserve for additional expenses, shall be received from or paid to you. Notwithstanding any settlement under this Agreement, we agree to pay our proportion (based on the number of Securities we agree to purchase from the Company) of the amount of any claim, demand or liability which may be asserted against and discharged by the Underwriters, or any of them, based on the claim that the Underwriters constitute an association, unincorporated business or other separate entity, and also to pay a like proportion of any transfer taxes which may be assessed after such settlement and a like proportion of the expenses incurred by the Underwriters, or any of them, and approved by you in contesting any such claim, demand, liability or tax.
Termination and Settlement. The provisions of the last paragraph of Section 4 hereof, the first sentence and fourth paragraph of Section 7 hereof, and Section 8 hereof will terminate at the close of business 45 days after the date of the initial public offering unless extended by you by notice to us for a further period not exceeding an additional 45 days. Such provisions may be terminated at such earlier time as you determine in your discretion, by notice to us stating that such provisions are terminated. As promptly as practicable after termination of the provisions referred to in the first paragraph of this Section 10, our account will be settled and paid, provided that you reserve from distribution to the several Underwriters such amounts as you may deem advisable to cover possible additional expenses. You may at any time make partial distribution of credit balances or call on the several Underwriters to pay their respective debit balances. Any of our funds in your hands may be held with your general funds without accountability for interest and may be commingled with your general funds. Notwithstanding termination of this Agreement or any settlement, we agree to pay (a) our proportionate share (based on our underwriting obligation) of all expenses and liabilities which may be incurred by or for the account of the Underwriters and (b) any transfer taxes paid after such settlement on account of any sale or transfer for our account. If the Underwriting Agreement shall be terminated or canceled, or if it shall be executed but shall not become effective, our obligations hereunder shall immediately cease and terminate except for the obligation to pay our proportionate share of all expenses and except for obligations, if any, incurred for our account under Section 7 hereof and our obligations under the second paragraph of this Section 10 and under Section 14 hereof.
Termination and Settlement. Parties may terminate an application for mediation or a mediation session at any time and will not be obliged to provide reasons for the termination. The Parties acknowledge that they may end the mediation at any time if a Party believes that a Mediator is biased or has a conflict of interest. If Parties agree to settle their dispute during mediation, the terms shall be recorded in a Settlement Agreement which Parties shall voluntarily sign to indicate that they will abide by and give full effect to their obligations as expressed therein.
Termination and Settlement. This contract shall continue in effect until terminated by either party giving fifteen days prior written notice to the other at the address appearing below. Contractor, however, may terminate it immediately, at any time, for any event of default by Subscriber, or if Contractor determines, in its sole discretion, that its performance of this contract is subject to additional risks or economic burdens by reason of the legal or business environment in Subscriber’s country of domicile, including without limitation legislation or regulations impacting Contractor’s ability to obtain payment hereunder in freely transferable USD$. Contractor may revoke the right to use UATP Cards issued hereunder at any time after notice of termination has been given by either party. Proof of dispatch of any notice required or permitted hereunder shall be prima facie evidence that notice was given to the other party. Upon termination, all outstanding UATP Cards issued hereunder must be surrendered promptly to Contractor at its address below. If there are unpaid balances in Subscriber’s UATP Account, Subscriber agrees to remit all amounts due within ten days after receipt of an invoice therefore. If Contractor sues on any debt owed by Subscriber under this contract, Contractor shall be entitled to recover, in addition to the amount of the debt, its costs and attorney’s fees.
Termination and Settlement a) In the event of the institution of any proceedings by or against Seller in bankruptcy or insolvency or under any provision of any applicable bankruptcy legislation or the appointment of a receiver or trustee or an assignment of the benefit of creditors of Seller, or the institution of any similar proceedings, KUKA ASSEMBLY AND TEST may terminate this Order or any other Order it has with Seller.
b) KUKA ASSEMBLY AND TEST may, at any time by written notice, terminate all or any part of this Order for KUKA ASSEMBLY AND TEST's convenience, in which event Seller agrees to immediately stop work on the Order and to immediately notify subcontractor(s) to stop work, and to protect and preserve property in its possession. If this Order is terminated, in whole or in part for KUKA ASSEMBLY AND TEST's convenience, Seller shall be paid an amount, in KUKA ASSEMBLY AND TEST's reasonable discretion, which shall be adequate to cover the reasonable cost of Seller's actual performance of work under this Order to the effective date of termination.
c) If an Order is terminated as provided in either Paragraph 10 (a) or (b) above, KUKA ASSEMBLY AND TEST , in addition to any other rights or remedies provided in this Order , or at law or in equity, may require Seller to transfer title and deliver to KUKA ASSEMBLY AND TEST, in the manner and to the extent directed by the KUKA ASSEMBLY AND TEST: (1) any completed goods; and (2) such partially completed goods and materials , parts, tools, dies, jigs, fixtures, drawings, information , and contract rights ("Manufacturing Materials") as Seller has specifically produced or specifically acquired for the performance of such part of this Order as has been terminated. Seller shall also protect and preserve property in its possession in which KUKA ASSEMBLY AND TEST has any interest. Payment for Manufacturing Materials delivered to and accepted by KUKA ASSEMBLY AND TEST, and for the protection and preservation of property, shall be in the amount mutually agreed to by KUKA ASSEMBLY AND TEST and Seller. KUKA ASSEMBLY AND TEST may withhold from amounts otherwise due Seller for such completed goods or manufacturing materials, such sum as KUKA ASSEMBLY AND TEST determines, in its sole discretion, necessary to protect KUKA ASSEMBLY AND TEST against loss because of outstanding liens or claims of former lien holders.
d) KUKA ASSEMBLY AND TEST may, at any time, for any reason, whether or not Seller is in default, cancel an Order in whole or in part b...
Termination and Settlement. (a) Termination for Default:
(1) Perfekta may, by written notice of default to Seller, immediately terminate the whole or any part of this Order if Seller fails to make delivery of the Goods or to perform the services required by this Order within the time specified herein or any extension thereof. If Seller fails to satisfy any of the other requirements of this Order, or so fails to make progress as to endanger performance of this Order in accordance with its terms and conditions, and does not cure such failure within a period of ten (10) calendar days (or such longer period as Perfekta may authorize in writing) after receipt of notice from Perfekta specifying such failure, then Perfekta may terminate the whole or part of this Order.
(2) In the event Perfekta terminates this Order in whole or in part as provided in Subparagraph (1) above, Perfekta shall have no further obligation to Seller under the terminated portion of this Order, and Perfekta may procure, upon such terms and in such manner as Perfekta may deem appropriate, Goods or services similar to those so terminated, and Seller shall be liable to Perfekta for any excess costs.
Termination and Settlement. Upon full and indefeasible payment of the Secured Obligations and upon the termination of the commitments mentioned in the preamble, this Agreement shall be terminated and the Pledgee shall take the actions reasonably requested by the Pledgor (without representation, warranty or recourse) to release the liens herein created, at the Pledgor’s expense. No termination of this Agreement or release of the liens herein created shall be valid and effective until signed by the Pledgee. Upon request and at the expense of the Pledgor, the Pledgee shall promptly sign and deliver to the Pledgor all documents (without representation, warranty or recourse) that may be reasonably required to implement the termination of this Agreement and the release of the liens herein created pursuant to this Clause 16.
Termination and Settlement. The Company, Parent and Seller agree to settle and compromise any and all claims between them relating to the Claims, without admission of liability or wrongdoing on the part of any Person.
