Termination by Authority. (i) Without prejudice to the right of Authority to terminate the SFM Agreement in accordance with sub-Article 21.1.3 below on account of the Facility Manager’s Event of Default, Authority shall be entitled to determine and terminate the SFM Agreement, where the Station Area is required for Authority’s or the MOR/Railway Administration’s own use.
(ii) In such event, notwithstanding anything to the contrary, Authority shall be entitled to determine and terminate the SFM Agreement by giving a 60 (sixty) day, or such other period as specified in SCSFMA, termination notice and the provisions of Article 21.1.4, shall not be applicable to any such termination, and Authority shall not be required to issue the Notice of Intention to Terminate, in respect of such termination.
Termination by Authority. The authority may but not unreasonably or vexatiously, by notice by registered post or recorded delivery to the contractor, forthwith terminate the employment of the contractor under this contract if the contractor shall make default in any one or more of the followingrespects: • If the contractor without reasonable cause fails to proceed diligently with the works or wholly suspends the carrying out of the works before completion; • If the contractor becomes insolvent, as defined under the Insolvency Act 1986; • If the contractor becomes bankrupt or makes any composition or arrangement with his/her creditors or has a winding up order made (except for the purposes of reconstruction) or a resolution for voluntary winding up passed or a receiver or manager of his/her business or undertaking is duly appointed or possession is xxxxxxx or on behalf of any creditor of any property the subject of a charge. In the event of the authority terminating the employment of the contractor as aforesaid the contractor shall immediately give up possession of the site of the works, provided always that the right of termination shall be without prejudice to any other rights or remedies which the authority may possess.
Termination by Authority. Lessee agrees that:
(a) If Lessee fails or refuses to pay the rent reserved hereunder within ten (10) days after the same becomes due and payable as per the terms of this Lease; or
(b) If Lessee defaults in the performance of any of the other terms, conditions, or covenants contained in this Lease; and if such failure, refusal, or default continues for thirty (30) days after written notice thereof is given to Lessee by Lessor, then such failure, refusal, or default shall, at the option of Authority, effect a termination of this Lease to the same extent as if the term hereof had expired by passage of time and Authority may, in that event, exercise all remedies herein provided for a breach by Lessee, as well as any and all remedies provided by law or in equity. It is further agreed that upon said breach and after notice as provided above, Authority or its agents may reenter and repossess the Leased Premises and remove all of Lessee’s property therefrom.
Termination by Authority. The Authority may terminate the DBA, or any individual Work Package or scope of Work authorized thereunder, and the performance of the Work by the Design-Builder in whole or, from time to time, in part, if the Authority determines, in its sole discretion that a termination is in the best public, State or national interest to do so. Such a termination may be for the Design-Builder’s default or the Authority’s convenience.
Termination by Authority. Should the Authority terminate Key Employee without Good Cause, the Authority shall provide the Key Employee sixty (60) days written notice. Should the Authority require the Key Employee to leave his position prior to the Sixty (60) days, the Authority shall pay the Key Employee for the time not worked. As sole compensation for such termination, and provided such termination is more than 90 days following the Commencement Date and Key Employee executes a release and waiver as described in Section 7.5 (d) above, the Authority shall pay to Key Employee an amount equal to his salary for a period of three (3) months from the Actual Date of Termination, together with all employee benefits during that three-month period which he would have earned had he remained employed during said period.
Termination by Authority. Subject to the timing and provisions of Section 3.10.1 (including, without limitation, the reimbursement provisions set forth therein), in the event that Authority is not in Default under this Agreement, and:
(a) Developer is unable to obtain sufficient financing for the development and operation of Phase II in accordance with the provisions of Section 3.10.1, subject to Developer’s right of reimbursement and Authority’s right to all plans pursuant to Section 3.10.1(a); or
(b) Developer fails to receive an allocation of Tax Credits for Phase II and Authority elects to terminate this Agreement pursuant to Section 3.10.1(a), subject to the restrictions contained in Section 3.10.1(a) and further subject to Developer’s right of reimbursement and Authority’s right to all plans pursuant to Section 3.10.1(a); or
(c) One or more of the Conditions Precedent set forth in Section 2.2.1 is not satisfied (or waived by Authority) on or before the time set forth in the Schedule of Performance, and such Condition Precedent is not satisfied after notice and an opportunity to satisfy as provided in Section 6.1 hereof, and such failure is not caused by Authority; or
(d) Developer is otherwise in Default of this Agreement and fails to cure such Default within the time set forth in Section 6.1 hereof; then this Agreement and any rights of Developer or any assignee or transferee with respect to or arising out of this Agreement shall, at the option of Authority, be terminated by Authority by written notice thereof to Developer. From the date of the written notice of termination of this Agreement by Authority to Developer and thereafter this Agreement shall be deemed terminated, and there shall be no further rights or obligations between the parties as to Phase II (except as provided in Section 3.10 as to Developer’s delivery and assignment of Development Plans and other materials to Authority, if applicable), except that if Developer is in default hereunder Authority, after delivery of notice of default and expiration of the cure period provided in Section 6.1 hereof, may pursue any remedies it has at law or equity.
Termination by Authority. Termination of this Agreement shall require three (3) affirmative votes of the Board of Directors. Notwithstanding the foregoing, it is also understood and agreed that the City Attorney shall be retained for a minimum of four (4) months following any municipal election, where at least one new Director is elected, thereby allowing the new Board of Directors adequate time to assess the City Attorney's performance. In the event the City Attorney is terminated by the Board of Directors before expiration of the term of employment and during such time that the City Attorney is willing and able to perform his duties under this Agreement, then in that event the Authority agrees to pay the City Attorney a cash payment equal to: (i) one (1) months’ aggregate salary in the amount set forth in section 6 below, multiplied by the number of whole months and pro-rated portions of months left on the unexpired term of employment under this Agreement, but in no event shall such cash payment exceed six (6) months' aggregate salary; plus (ii) the cash value of all (i.e. 100%) accrued, but unused, vacation and administrative leave credited to the City Attorney’s leave balance; and (iii) the cash value of sixty percent (60%) accrued, but unused, sick leave credited to the City Attorney’s leave balance. Said cash payments shall be paid, at the option of the City Attorney, in: (a) lump sum upon date of termination; (b) lump sum on January 1 of the year following termination; (c) twelve (12) equal monthly payments; or (d) any combination of the foregoing.
Termination by Authority. (a) For purposes of this Section 16(a), the term "Milestone Date" shall mean December 31, 1999; provided, however, that Tenaska shall have the unilateral right and option to extend the Milestone Date to June 30, 2000, by giving the Authority written notice of such extension on or before December 31, 1999 and paying a non-refundable extension fee in the amount of $100,000.00 (the "Extension Fee") to the Authority by check on or before December 31, 1999. Should Tenaska exercise Tenaska's extension option, then the Extension Fee paid by Tenaska shall be credited against the Tenaska Payment. Upon the occurrence of either of the following:
Termination by Authority. 43 (1) Access................................................................................ 43 (2)
Termination by Authority. Authority may terminate this Lease by giving Xxxxxx thirty (30) days advance written notice, to be served as hereinafter provided, upon the happening of any one of the following events of default:
A. The filing by Lessee of a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under law, or making an assignment for the benefit of creditors, or consenting to the appointment of a receiver, trustee or liquidator of all or substantially all of its property or its property located within the Leased Premises, unless such proceeding is dismissed, assignment revoked or order vacated within the cure period as provided herein.
B. The institution of proceedings in bankruptcy against Xxxxxx and adjudication of Lessee as a bankrupt pursuant to said proceedings, unless such proceedings are dismissed within the cure period as provided herein.
C. The taking by a court of competent jurisdiction of Lessee and its assets pursuant to proceedings brought under the provision of any federal reorganization act or other law, unless such order is vacated within the cure period as provided herein.
D. The appointment of a receiver, trustee or liquidator of Xxxxxx’s assets or the execution of any other process of any court of competent jurisdiction unless vacated, dismissed or set aside within the cure period as provided herein.
