TERMINATION BY CONCESSIONAIRE. 15.2.1 Concessionaire may terminate its performance under this Agreement only in the event of default by the City and a failure by the City to cure such default after receiving notice thereof, all as provided in this Section. Default by the City shall occur if the City fails to observe or perform any of its material duties under this Agreement. Should such a default occur, Concessionaire may deliver a written notice to the Director describing such default and the proposed date of termination. Such date may not be sooner than the 30th day following receipt of the notice. Concessionaire, in its reasonable judgment, may extend the proposed date of termination to a later date if the nature of the default requires more than thirty (30) days to cure. If prior to the proposed date of termination, the City cures such default, then the proposed termination shall be ineffective. If the City fails to cure such default prior to the proposed date of termination, then Concessionaire may terminate its performance under this Agreement as of such date.
15.2.2 In addition, this Agreement may be canceled or terminated by Concessionaire by giving a thirty (30) day written notice to Director upon the occurrence of one or more of the following events specified below:
.1 The lawful assumption by the United States government, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part thereof, in such manner as to materially restrict Concessionaire from operating thereon for a period of at least ninety (90) consecutive days;
.2 The complete destruction of one-third (1/3) or more of the Concession Facilities from a cause other than the negligence or omission-to-act of Concessionaire, its Subcontractors, agents or employees, and the subsequent failure of City to repair or reconstruct said Facilities within twelve (12) months after such destruction; or
.3 Any exercise of authority by the federal government which shall so interfere with Concessionaire's use and enjoyment of the Concession Facilities as to constitute a termination, in whole or in part, of this Agreement by operation of law in accordance with the laws of the United States.
TERMINATION BY CONCESSIONAIRE. 14.1 In addition to other remedies available to the Concessionaire, this Agreement shall be subject to termination by the Concessionaire, as set forth below, should any one or more of the following events (hereinafter, “County Default”) occur:
a. The abandonment of the County for longer than sixty (60) days;
b. The issuance of an order or injunction by any court of competent jurisdiction preventing or restraining the use of the Airport in such a manner as to substantially restrict the Concessionaire from conducting its operation of the Airport advertising concession, provided such order or injunction is not issued due to an act or omission of the Concessionaire and such order or injunction remains in force for at least sixty (60) days;
c. The breach by the County of any of the material terms, covenants, or conditions of this Agreement and County’s failure to remedy the breach, or diligently proceed to remedy the breach, within sixty (60) days of receipt of written notice from Concessionaire of the existence of such breach;
d. The assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the Airport and its facilities in such a manner as to substantially restrict the Concessionaire from conducting its Airport advertising concession, if such restriction be continued for a period of sixty (60) days or more; or
e. The number of enplaned passengers at the County for a completed calendar year decreases thirty percent (30%) or more below the traffic recorded during the previous completed calendar year; or
f. The destruction of such a significant portion of the Airport terminal building(s) due to fire, earthquake or any other cause not the fault of Concessionaire so as to make continuation of the advertising concession commercially unreasonable.
14.2 In the event of a County Default, and upon County’s failure to cure such default as provided for herein, Concessionaire shall then, or at any time thereafter, have the right, at its election, to terminate this Agreement by providing at least ten (10) days written notice to County. Concessionaire shall upon the passing of the ten (10) days quit and surrender the Assigned Areas and any permanent improvements, as described in Article 5.9, to County. In such event, the Concessionaire shall be reimbursed by County for the undepreciated portion of its actual capital costs (including, without limitation, construction and installation costs) of the permanent and non-perm...
TERMINATION BY CONCESSIONAIRE. The Concessionaire shall have the right to terminate this Concession Contract if: the Implementing Authority commits a material breach in respect of the performance of any of its material obligations hereunder or is in material breach of the warranty given by it under Clause 23.2.2; any part(s) of the Site and/or the Highway are compulsorily acquired or expropriated from the Concessionaire by the State, which results in a material impairment of the Concession Rights; any Material Adverse Governmental Action:- renders the exercise by the Concessionaire of any of its material rights hereunder, or the performance by the Implementing Authority of any of its material obligations hereunder, illegal, void or unenforceable; or is of the nature referred to in Clause 17.2.2 and is not or cannot be remedied within the 60 day period referred to in Clause 17.1 and cannot be adequately compensated in terms of Clause 17.1 ; or the assets or rights or a major portion thereof of the Concessionaire are nationalised or expropriated. The Concessionaire shall, before exercising its rights to terminate this Concession Contract pursuant to Clause 19.2, give written notice to the Implementing Authority requiring the Implementing Authority to remedy the event referred to in Clause 19.2.1. If said event is not remedied before the expiry of the Remedy Period, the Concessionaire may, upon expiry of the Remedy Period, terminate this Concession Contract. If this Concession Contract is terminated pursuant to this Clause 19.2 after the Effective Date, the Implementing Authority shall pay to the Concessionaire an amount (the "Implementing Authority Default Compensation Sum") equal to the aggregate of:- the Expected Equity Value at the date of termination (taking no account of the event which gave rise to such termination or of such termination); and all amounts properly due and payable under any contracts (including without limitation employment contracts) entered into by the Concessionaire in connection with the Project, for the purpose of discharging its obligations under this Concession Contract, prior to the date of such termination (including amounts arising as a result of such termination) provided always that such contracts have been entered into on bona fide arm's length terms (it being acknowledged for the purposes of this sub-clause only that all Associated Agreements, the form of which have been approved by the Implementing Authority, have been entered into on bona fide arm's l...
TERMINATION BY CONCESSIONAIRE. 11.2.1. Concessionaire may terminate its performance under this Agreement only in the event of default by the City and a failure by the City to cure such default after receiving notice of it, all as provided in this Section. Default by the City shall occur if the City fails to observe or perform any of its material duties under this Agreement. Should such a default occur, Concessionaire may deliver a written notice to the Director describing such default and the proposed date of termination. Such date may not be sooner than the 30th day following receipt of the notice. Concessionaire, in its reasonable judgment, may extend the proposed date of termination to a later date if the nature of the default requires more than 30 days to cure. If prior to the proposed date of termination, the City cures such default, then the proposed termination shall be ineffective. If the City fails to cure such default prior to the proposed date of termination, then Concessionaire may terminate its performance under this Agreement as of such date.
TERMINATION BY CONCESSIONAIRE. 25.1. Subject to the remaining provisions of this clause 25, the Concessionaire shall only be entitled to cancel and terminate this agreement on written notice to the Operator if any of the following events should occur -
25.1.1. the Operator breaches a material provision of this agreement and fails to remedy same within 60 (sixty) calendar days after receipt of a written notice from the Concessionaire requiring such breach to be remedied; or
25.1.2. any judgement is granted (which judgement is not subject to appeal or review or, if it is, such appeal or review, as the case may be, is not diligently pursued) for the winding up or judicial management of the Operator, save for any voluntary liquidation for the purposes of reconstruction or amalgamation; or
25.1.3. the members of the Operator adopt a resolution for the voluntary winding up or judicial management of the Operator, save for a voluntary liquidation for the purposes of reconstruction or amalgamation; or
25.1.4. the Operator, for reasons solely attributable to an act or omission of itself, abandons or relinquishes the supply of water services to consumers to such an extent that there is significant widespread danger to the health of the public, which will be presumed to be the case where the Operator fails to supply water services for a continuous period of 5 (five) days or 15 (fifteen) discontinuous days per calendar year; or
25.1.5. the Operator consistently breaches a material provision of the conditions of the supply of water services and consumer rules to the extent that there is significant widespread danger to the health of the public in the concession area and in such a manner as to reasonably justify Council in holding that the Concessionaire's resultant conduct under the concession contract is inconsistent with its intention or ability to carry out the terms and conditions of the concession contract; or
25.1.6. the Operator wilfully conceals material information which it is obliged to supply to the Concessionaire, where concealment of such information will result in Council to be in breach of its statutory obligations in terms of the regulatory provisions and suffering material damage or loss.
25.2. Prior to the Concessionaire exercising any right to cancel and terminate this agreement, it shall deliver a written notice to Council, each lender and the Operator notifying them of the breach giving rise to such right and requesting the Operator to remedy the breach in question within a perio...
TERMINATION BY CONCESSIONAIRE. Concessionaire may terminate this Agreement due to any of the following events of default by the Concessioning Authority (hereinafter called the “Concessioning Authority Event of Default”):
(i) Material Breach by Concessioning Authority of its obligations under this Agreement which is not remedied within 180 days of receipt of written notice from the Concessionaire specifying such breach and requiring Concessioning Authority to remedy the same;
(ii) Any defect in the title, ownership and possession of Concessioning Authority with respect to the Project Site that has a Material Adverse Effect on the Project as certified by the Independent Auditor
(iii) Any change in the policies of Concessioning Authority or a Change in Law which has a Material Adverse Effect on the Concessionaire’s ability to implement the Project;
(iv) A breach of any express representation or warranty by Concessioning Authority which has a Material Adverse Effect and such breach is not remedied within 180 days of receipt of written notice from the Concessionaire specifying such breach and requiring Concessioning Authority to remedy the same; Provided that in the event of application of sub-clauses above, Concessionaire shall give to Concessioning Authority, the 30 days time to cure the default prior to considering the events specified therein as Concessioning Authority’s events of default and in the event the Concessionaire remedies the default to the satisfaction of the Concessioning Authority within the course period, the event will not be considered as a Concessionaire Event of Default.
TERMINATION BY CONCESSIONAIRE. If any one of the following events shall occur, Concessionaire may terminate this Agreement, in its entirety, either prior to or subsequent to the commencement of the term of this Agreement, to wit:
TERMINATION BY CONCESSIONAIRE. 28.1 Concessionaire may terminate This Agreement, upon thirty (30) days prior written notice to the County, conditioned upon the happening of one or more of the following events:
28.1.1 The permanent abandonment by the County of the Premises or the permanent removal of all County services from the Premises;
28.1.2 The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the Premises or any substantial part thereof, in such manner as to materially restrict Concessionaire from operating thereon;
28.1.3 The complete destruction of all or a substantial portion of the Concession Area from a cause other than the negligence or omission to act of Concessionaire, its agents, officers, or employees, and the failure of County to repair or reconstruct said Concession Area;
28.1.4 Any exercise of authority under this Agreement which so interferes with Concessionaire's use and enjoyment of the Concession Area as to constitute a termination, in whole or in part, of this Agreement by operation of law in accordance with the laws of the State of California; or
TERMINATION BY CONCESSIONAIRE. Concessionaire may terminate its performance under this Agreement only in the event of default by the City of a material obligation and a
TERMINATION BY CONCESSIONAIRE. This Agreement shall be subject to cancellation by the Concessionaire should any one or more of the following events occur:
a. The permanent abandonment of Memorial Auditorium by the City.
b. The issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of Memorial Auditorium should such injunction remains in force for at least thirty (30) days.
c. The breach by the City of any of the terms, covenants or conditions of this Agreement to be kept, performed and observed by the City and the failure of the City to remedy such breach for a period of sixty (60) days after written notice from Concessionaire of the existence of such breach.
d. The assumption by the United States Government, or any authorized agency of same, of the operation, control or use of Memorial Auditorium and its facilities in such a manner as to substantially restrict the Concessionaire from operating said concession, if such restriction be continued for a period of three (3) months or more.
