Termination by Court Ruling. (a) Termination by Court Ruling becomes effective and automatically terminates this PPA upon issuance of the final, non-appealable court order by a court of competent jurisdiction.
Termination by Court Ruling. 20.5.1 Termination by Court Ruling becomes effective as and when provided in Section 5 of Exhibit 21 (
Termination by Court Ruling. The Section P3 Agreement may be terminated by the issuance of a final, non-appealable order by a court of competent jurisdiction: a) to the effect that either the Section P3 Agreement or the MDTA Financing Documents are void, unenforceable, or impossible to perform in its entirety; or b) upholding the binding effect on the Section Developer, MDOT, or MDTA of a Change in Law that causes impossibility of either performance of a fundamental obligation or exercise of a fundamental right by the Section Developer, MDOT, or MDTA under the Section P3 Agreement or the MDTA Financing Documents. If the Section P3 Agreement is terminated under clause (a) above, and the Section P3 Agreement is void, unenforceable, or impossible to perform by reason of the Section Developer's acts, omissions, negligence, willful misconduct, fraud, or breach of warranty or representation, then the Section P3 Agreement will be deemed to be terminated due to a Section Developer Default under Section 62. If the Section P3 Agreement is terminated under this Section 64 and the above paragraph does not apply, then, the Section Developer will be entitled to the No Fault Termination Sum (set out in Section 63).
Termination by Court Ruling. 19.11.1 Except in the circumstances described in Exhibit 20, Termination by Court Ruling means, and becomes effective upon, (a) issuance of a final order by a court of competent jurisdiction to the effect that this Agreement is void and/or unenforceable or impossible to perform in its entirety, (b) issuance of a final order by a court of competent jurisdiction upholding the binding effect on DB Team or GDOT of a Change in Law that causes impossibility of performance of a fundamental obligation by DB Team or GDOT under the DB Documents or impossibility of exercising a fundamental right of DB Team or GDOT under the DB Documents, (c) occurrence of the circumstances described in Article 24.13.2, or (d) issuance of a final order by a court of competent jurisdiction to the effect that a material provision under the Estate for Years, Intergovernmental Agreement or the DB Documents is void and/or unenforceable so as to deprive DB Team of its ability to exercise a fundamental right granted to DB Team under the DB Documents and such inability resulting from such order cannot be otherwise remedied through a Compensation Event, Relief Event or other contractual remedy. The final court order shall be treated as the notice of termination.
Termination by Court Ruling. (a) This Agreement will automatically terminate upon the occurrence of either of the following:
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Termination by Court Ruling. Termination by Court Ruling means, and becomes effective upon, (a) issuance of a final order by a court of competent jurisdiction to the effect that this Agreement is void, voidable, and/or unenforceable or impossible to perform in its entirety for reasons beyond the reasonable control of Developer, or (b) issuance of a final order by a court of competent jurisdiction upholding the binding effect on Developer of a Change in Law that causes impossibility of performance of a fundamental obligation by Developer or the Department under the Contract Documents or impossibility of exercising a fundamental right of Developer or the Department under the Contract Documents. The final court order shall be treated as the notice of termination of this Agreement and the Lease. In the event of such termination, Developer will be entitled to compensation in an amount equal to the amount described in Section 19.1.2. Any Dispute arising out of the determination of such compensation shall be resolved according to the Dispute Resolution Procedures.
