Termination Because of Unanticipated Condition Sample Clauses

Termination Because of Unanticipated Condition. If during the construction phase of the construction of the Improvements on the Leased Premises (or on Parcel 4) Tenant (or the tenant under the sublease for Parcel 4) discovers an unanticipated physical condition (whether natural or not) which substantially interferes with the construction of the Improvements on the Leased Premises (the "Condition"), Tenant shall immediately notify Landlord of the nature and location of the Condition discovered and shall include all findings and reports of Tenant's consultants. For a period of sixty (60) days thereafter Tenant shall undertake to perform such tests as are required and to prepare estimates of the cost to remediate the Condition, and shall apprise Landlord on a weekly basis of the results of its tests, and when available, a detailed, good faith estimate of the cost required to remediate the Condition prepared by Tenant's consultants. Said estimate shall be subject to reasonable review and approval by Landlord. If Tenant's estimate of the cost to remediate the Condition is in the aggregate less than $500,000, then Tenant shall undertake to perform the remediation in a continuous and diligent manner; if the actual costs to remediate the Condition are in excess of $500,000, Tenant shall be responsible to pay such overage. If Tenant's estimate of the cost to remediate the Condition is in the aggregate greater than $500,000 for the Leased Premises, then Tenant may terminate this Lease by written notice (the "Notice to Terminate"), such notice to be effective ninety (90) days after Landlord's receipt of it. Upon receipt of the Notice to Terminate, Landlord may determine to fund the overage of the cost to remediate and shall so advise Tenant in writing (the "Notice to Proceed"). The Notice to Proceed shall be delivered to Tenant prior to the 90th day after Landlord's receipt of Tenant's notice to terminate, and upon Tenant's receipt of the Notice to Proceed, Tenant's Notice to Terminate shall be void and this Lease shall remain in effect. Thereafter, Tenant shall undertake the remediation of the Condition, shall pay the first $500,000 of the cost of the remediation and Landlord shall be responsible for the overage up to the Landlord's Share including interest at the Agreed Rate, which overage shall, at Landlord's election, be funded by Tenant and repaid with credits against the Rent. If the actual cost to remediate the Condition is, or after commencement of the remediation is anticipated to be, in excess of the amo...
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Related to Termination Because of Unanticipated Condition

  • Termination Because of Disability If the Executive becomes incapable by reason of physical injury, disease, or mental illness of substantially performing his duties and responsibilities under this agreement for a continuous period of six (6) months or more or for more than one hundred eighty (180) days in the aggregate (whether or not consecutive) during any 12-month period, then at any time after the elapse of such six-month period or such 180 days, as the case may be, the Board may terminate the Executive’s employment by the Companies under this agreement. If the Executive’s employment under this agreement is terminated by the Board because of such disability on the part of the Executive, then the Executive shall be entitled to receive the following compensation and benefits from the Companies:

  • Cause Termination If your Termination Date occurs for reasons of Cause, all of your rights under this Agreement, whether or not vested, shall terminate immediately.

  • Termination After Change in Control Sections 9.2 and 9.3 set out provisions applicable to certain circumstances in which the Term may be terminated after Change in Control.

  • Termination Because of Death or Total Disability If the Executive’s employment is terminated by reason of the Executive’s death or Total Disability during the Post-Change in Control Period, this Agreement shall terminate automatically without further obligations to the Executive or his or her legal representatives under this Agreement, other than for payment of Accrued Obligations (which shall be paid to the Executive’s estate or beneficiary, as applicable in the case of the Executive’s death).

  • Cause and Voluntary Termination If, during the Employment Period, the Executive's employment shall be terminated for Cause or voluntarily terminated by the Executive (other than on account of Good Reason following a Change of Control), the Company shall pay the Executive (i) the Earned Salary in cash in a single lump sum as soon as practicable, but in no event more than 10 days, following the Date of Termination, and (ii) the Accrued Obligations in accordance with the terms of the applicable plan, program or arrangement.

  • Termination Because of Death If the Optionee dies while employed by or in the service of the Company, the Option may be exercised at any time before the Expiration Date or before the date 12 months after the date of death, whichever is the shorter period, but only if and to the extent the Optionee was entitled to exercise the Option at the date of death and only by the person or persons to whom the Optionee’s rights under the Option shall pass by the Optionee’s will or by the laws of descent and distribution of the state or country of domicile at the time of death.

  • Termination Because of Death or Disability If Participant is Terminated because of death or Disability of Participant, the Option, to the extent that it is exercisable by Participant on the date of Termination, may be exercised by Participant (or Participant's legal representative) no later than twelve (12) months after the date of Termination, but in any event no later than the Expiration Date.

  • Termination After a Change in Control You will receive Severance Benefits under this Agreement if, during the Term of this Agreement and after a Change in Control has occurred, your employment is terminated by the Company without Cause (other than on account of your Disability or death) or you resign for Good Reason.

  • Termination After Change of Control In the event that, before the expiration of the TERM and in connection with or within one year of a CHANGE OF CONTROL (as defined hereinafter) of either one of the EMPLOYERS, the employment of the EMPLOYEE is terminated for any reason other than JUST CAUSE or is terminated by the EMPLOYEE as provided in Section 4(a)(ii) above, then the following shall occur:

  • Cause; Voluntary Termination If the Executive’s employment terminates for Cause, this Agreement shall terminate without further obligations to the Executive other than the obligation to pay to the Executive the Accrued Obligations. If the Executive’s employment terminates due to the Executive’s voluntarily termination this Agreement shall terminate without further obligations to the Executive other than the obligation to pay to the Executive the Accrued Obligations.

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