Termination Based Upon Assignment Sample Clauses

Termination Based Upon Assignment. In the event that Pacer assigns this Agreement or the Services to any Permitted Assignee which is a lessor of containers or chassis or to any provider of maintenance and repair management services in competition with Transamerica, then Transamerica may terminate this Agreement upon six (6) months prior written notice to Pacer. In the event that Transamerica terminates this Agreement under this Article 6(d), such termination shall be deemed a termination for convenience by Transamerica under Article 6(c), except that Transamerica shall have no obligation or responsibility to support Pacer's move to a new service provider. In the event Transamerica delegates its duties, obligations or responsibilities under this under this Agreement to any Permitted Delegatee which is a rail carrier, motor carrier, stacktrain operator or intermodal marketing company that competes with the stacktrain services provided by Pacer, then Pacer may terminate this Agreement upon six (6) months prior written notice to Transamerica. In the event that Pacer terminates this Agreement under this Article 6(d), such termination shall be deemed a termination for convenience by Pacer under Article 6(c), except that Pacer shall have no obligation or responsibility to pay the early termination charges and payments as set forth in Article 6(e).
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Related to Termination Based Upon Assignment

  • Termination; Assignment This Agreement may be terminated by either party at any time upon the provision of ninety days prior written notice thereof to the other. Any such termination, however, will not affect the Company’s ongoing obligations to make payments to NCPS in accordance with the terms hereunder. Both parties acknowledge that the duties and obligations provided for herein are personal in nature and agree that neither this Agreement nor any of such duties or obligations may be assigned by either party without the express written consent of the other, except that NCPS may assign its rights and obligations under this contract to an affiliated broker-dealer with Company’s prior written consent. This provision specifically does not prevent or enjoin NCPS from entering into any licensing, syndication, or selling agreement as described in Section 3 with the Company’s prior written consent.

  • Non-assignability; Termination (a) The rights and obligations of the parties under this Agreement and under any Transaction shall not be assigned by either party without the prior written consent of the other party, and any such assignment without the prior written consent of the other party shall be null and void. Subject to the foregoing, this Agreement and any Transactions shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement may be terminated by either party upon giving written notice to the other, except that this Agreement shall, notwithstanding such notice, remain applicable to any Transactions then outstanding.

  • Term and Termination; Assignment; Amendment (a) This Agreement shall be effective for the duration of the Acquired Funds’ and the Acquiring Funds’ reliance on the Rule, as interpreted or modified by the SEC or its Staff from time to time. While the terms of the Agreement shall only be applicable to investments in Funds made in reliance on the Rule, as interpreted or modified by the SEC or its Staff from time to time, the Agreement shall continue in effect until terminated pursuant to Section 9(b).

  • Assignment Termination Section 10.1

  • Amendment; Waiver; Termination (a) No provision of this Agreement may be waived except by an instrument in writing executed by the party against whom the waiver is to be effective. No provision of this Agreement may be amended or otherwise modified except by an instrument in writing executed by the Company and holders of at least 50% of the Shares held by the Shareholders at the time of such proposed amendment or modification.

  • Termination Provisions In this Agreement:

  • Waiver; Termination No failure on the part of the Parent to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of the Parent in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. The Parent shall not be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of the Parent; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given. If the Merger Agreement is terminated, this Agreement shall thereupon terminate.

  • Non-Assignment This Agreement shall not be assigned by either party without the written consent of the other party.

  • Payment Upon Termination Termination of this Agreement shall not affect the right of the Adviser to receive payment on any unpaid balance of the compensation described in Section 2 earned prior to such termination.

  • Assignment and Termination This Agreement shall not be assignable by any party except to successors to all or substantially all of the business of either party for any reason whatsoever without the prior written consent of the other party, which consent may be arbitrarily withheld by the party whose consent is required.

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