Termination by C&S Sample Clauses

Termination by C&S. (a) In its sole discretion, C&S may terminate, immediately and without further notice unless required as set forth herein, this Agreement for cause if any of the following shall occur: (i) BWD fails to pay any material amount to C&S when due and such failure continues for [***] after C&S has provided BWD written notice of such failure; (ii) after [***] days written notice, if BWD’s purchases of Merchandise from C&S under this Agreement are, in the aggregate, less than [***] in any Contract Year (as defined in Section 2.1) measured annually; (iii) BWD breaches in any material respect any obligation under Sections 1.1, 2.2, 3.9, 3.11, 13, 14.3, 14.4 or 16 of this Agreement and if such breach is curable, remains uncured after [***] days following written notice of such breach from C&S; (iv) BWD fails to fulfill any of the Reporting Requirements set forth in Section 4.4 hereof and such failure continues for [***] business days after C&S has provided BWD written notice of such failure; (v) BWD breaches or otherwise fails to fulfill any obligation set forth in any License Agreement and as a result of such breach or failure, C&S is unable to occupy, operate in or otherwise perform its obligations under this Agreement in any Facility or Replacement Facility; (v) an Event of Insolvency with respect to either Xxxx-Xxxxx or BI-LO, or both of them, , other than the Bankruptcy Cases; (vi) BWD fails to comply with the terms and conditions of Section 4.11, or (vii) the Assumption Order is not entered by the Reorganization Plan Effective Date.
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Termination by C&S. (a) Subject to the provisions of Section 14, C&S may terminate this Agreement for cause upon written notice to A&P setting forth the termination date (i) as provided in Section 6.3; (ii) upon * written notice, if A&P's purchases from C&S under this Agreement are less than * cases in any Contract Year; (iii) if A&P has breached any of its material obligations under this Agreement and if such breach is curable, remains uncured after * following written notice of such breach from C&S, or (iv) if an Event of Insolvency occurs with respect to A & P; provided, that C&S shall not terminate this Agreement upon the occurrence of an Event of Insolvency if A&P is otherwise in compliance with the terms of this Agreement and A&P provides adequate assurance of future performance under this Agreement.
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Termination by C&S. C&S may terminate this Agreement for cause and without further order or approval of the Bankruptcy Court. Cause shall be 1. nonpayment of amounts owed hereunder uncured for 72 hours following receipt by GU of written notice; 2. if GU does not obtain court approval hereof within 5 days of the commencement of the Case; 3. other material breach uncured after 90 days following receipt by GU of written notice; and 4. the end of the Term.
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Termination by C&S. C&S may terminate this Agreement (i) in the event of a default by Grand Union under Section 3.05 which remains uncured [CONFIDENTIAL] receipt by Grand Union of written notice thereof from C&S (subject, however,to the provisions of such Section for arbitration), (ii) in the event that Grand Union materially breaches its other obligations under this Agreement and such breach is curable and remains uncured after 90 days following receipt by Grand Union of written notice of such breach from C&S or (iii) upon the occurrence of an Event of Insolvency with respect to Grand Union.
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Termination by C&S. C&S may terminate this Agreement for cause (i) in the event of a default by Grand Union under Section 3.05 which remains uncured [CONFIDENTIAL] by Grand Union of written notice thereof from C&S (subject, however, to the provisions of such Section for arbitration), (ii) in the event that Grand Union breaches any other material obligation under this Agreement and such breach is curable and remains uncured after [CONFIDENTIAL] receipt by Grand Union of written notice of such breach from C&S, (iii) upon the occurrence of an Event of Insolvency with respect to Grand Union (provided, however, that C&S shall not terminate this Agreement upon the occurrence of an Event of Insolvency in the event that Grand Union is otherwise in compliance with the terms of this Agreement and Grand Union provides adequate assurance of future performance under this Agreement), or (iv) upon termination of the Northern Region Agreement pursuant to Section 7.01 thereof. Notwithstanding the foregoing, in the event that Grand Union defaults under section 3.05 on two occasions in any Contract Year and thereafter cures its default within the 72 hour period set forth above, C&S may, on the occurrence of any subsequent default under Section 3.05 occurring in the same Contract Year, terminate this agreement immediately upon notice to Grand Union. In the event of termination by C&S under this Section 7.01, Grand Union shall pay to C&S, as full and liquidated damages (including damages for lost profits), the applicable termination fee set forth in Section 7.04 below.
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Termination by C&S. C&S may terminate this Agreement for cause (i) in the event of a default by Pathmark under Section 3.05 which remains uncured for 72 hours after receipt by Pathmark of written notice thereof from C&S (subject, however, to the provisions of such Section for arbitration), (ii) in the event that Pathmark breaches any other material obligation under this Agreement and such breach is curable and remains uncured after 90 days following receipt by Pathmark of written notice of such breach from C&S, or (iii) upon the occurrence of an Event of Insolvency with respect to Pathmark (provided, however, that C&S shall not terminate this Agreement upon the occurrence of an Event of Insolvency in the event that Pathmark is otherwise in compliance with the terms of this Agreement and Pathmark provides adequate assurance of future performance under this Agreement). In the event that C&S terminates this Agreement pursuant to this Section 7.01, Pathmark shall promptly re-pay to C&S all TDR, AMF and Goodwill amounts paid to Pathmark pursuant to Section 4.10 hereof less [CONFIDENTIAL] for each full Contract Year (or part thereof in excess of six months) completed. This Section 7.01 shall survive termination of this Agreement.
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Termination by C&S. (a) C&S may terminate this Agreement without cause upon at least three (3) months advance written notice to Penn Traffic; provided, that, any such termination without cause may not be effective prior to February 15, 2011.
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Termination by C&S. (a)C&S may terminate this Agreement for cause (i) if Penn Traffic fails to pay any undisputed amount or amounts cumulatively exceeding $[*] to C&S when due, under this Agreement, the GM/HBC Agreement (as defined herein) or any other agreement between Penn Traffic and C&S or their respective controlled affiliates or subsidiaries, and such failure continues for 1 business day (where banks in New York are legally open) after C&S has provided Penn Traffic written notice of such failure; (ii) if Penn Traffic has breached any material obligation (other than a payment obligation which is covered under (i) above) under this Agreement or the Inventory Agreement, and if such breach is curable, remains uncured after 60 days following written notice of such breach from C&S; (iii) if Penn Traffic has filed for bankruptcy protection or a proceeding shall be instituted against Penn Traffic seeking to adjudicate it bankrupt or insolvent and such proceeding shall remain undismissed or unstayed for a period of 60 days, provided that C&S shall not terminate this Agreement in such an event if Penn Traffic is otherwise in compliance with the terms of this Agreement and Penn Traffic provides adequate assurance of future performance under this Agreement; or (iv) if General Electric Capital Corporation or Kimco Capital Corp. or any other material credit or lending party has declared that Penn Traffic has committed an Event of Default as defined under its respective credit agreement with Penn Traffic and has ceased extending Penn Traffic credit, provided that C&S shall not terminate this Agreement in such an event if Penn Traffic is otherwise in compliance with the terms of this Agreement and Penn Traffic provides adequate assurance of future performance under this Agreement.
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Termination by C&S. Section 14.1(a) of the Supply Agreement is hereby deleted in its entirety and replaced with the following Section 14.1(a):
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Related to Termination by C&S

  • Termination by You In the event of an Employment Separation as a result of a termination by you for any reason, you must provide the Company with at least 14 days advance written notice ("Notice of Termination") and continue working for the Company during the 14-day notice period, but only if the Company so desires to continue your employment and to compensate you during such period. In the event of such termination under this Section, the Company will pay you the earned but unpaid portion of your Basic Salary through the termination date.

  • Termination by Bank If the Bank, or its successor in interest by merger, or its transferee in the event of a purchase in an assumption transaction (for reasons other than Executive's death, disability, or Cause) (1) terminates Executive's employment within one year following a Change in Control (as defined below), or (2) terminates Executive's employment before the Change in Control but on or after the date that any party either announces or is required by law to announce any prospective Change in Control transaction and a Change in Control occurs within six months after the termination, the Bank will provide Executive with the payment and benefits described in Section 9(d)(3) below.

  • Termination by Owner Owner may also terminate this Agreement at any time before Contractor begins the Work and notifies Owner in writing of such commencement if (1) Owner sells the property on which the Work is being performed or (2) the economic climate does not warrant proceeding with the project of which the Work is a part. In such circumstance, Contractor shall be entitled to receive that portion of the Contract Price earned by Contractor for Work performed to the satisfaction of Owner less any payments made before the date this Agreement is terminated. Contractor shall not be entitled to any additional compensation or damages as a result of termination of this Agreement pursuant to this Paragraph 12(c).

  • Termination by Company The Company will have the following rights to terminate this Agreement:

  • Termination by Xxxxxx This Agreement may be terminated and the Merger Transactions abandoned at any time before the Acceptance Time by Parent:

  • Termination by Buyer This Agreement and the transaction contemplated herein may be terminated and abandoned at any time on or prior to the Closing Date by Buyer, if:

  • Termination by Notice Notwithstanding any provision of this Agreement, it may be terminated at any time without penalty, by the Trustees of the Trust or, with respect to any series or class of the Trust's shares, by the vote of the majority of the outstanding voting securities of such series or class, or by MM-LLC, upon thirty days written notice to the other party.

  • Termination by Death If the Executive dies during the Employment Term, the Executive’s employment will terminate and the Executive’s beneficiary or if none, the Executive’s estate, shall be entitled to receive from the Company, the Executive’s accrued, but unpaid, Base Salary through the date of termination of employment and any vested benefits under any Employee Plan in accordance with the terms of such Employee Plan and applicable law.

  • Termination by Manager Manager shall have the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to Owner. Manager shall also have the right to terminate this Agreement upon thirty (30) days written notice to Owner for non-payment of fees and expenses due Manager under the terms of this Agreement

  • Termination by Contractor If Owner shall at any time: (i) fail to pay any undisputed amount; (ii) fail to materially comply with any of its material obligations under this Agreement (but only to the extent such material failure and the impact thereof is not subject to adjustment by Change Order as set forth in Section 6.2); or (iii) experience an Insolvency Event (each of the foregoing being an “Owner Default”) then, Contractor has the right (without prejudice to any other rights under the Agreement) to provide written notice to Owner specifying the nature of the Owner Default and demanding that such Owner Default be cured. If: (a) with respect to clause (i) Owner fails to cure such Owner Default within thirty (30) Days after receipt of such notice; (b) with respect to clause (ii), (1) Owner fails to cure such Owner Default within forty-five (45) Days after receipt of such notice or, (2) if the Owner Default cannot be cured within such forty five (45) Day period through the diligent exercise of all commercially practicable efforts, Owner fails to diligently exercise all commercially practicable efforts to cure such condition or fails to cure such condition within ninety (90) Days after receipt of such notice to cure such Owner Default; or (c) Owner experiences an Insolvency Event, Contractor may, in the event of (a), (b) or (c), at its sole option and without prejudice to any other rights that it has under this Agreement, and upon notice to Owner, terminate this Agreement. In the event of such termination under this Section 16.5, Contractor shall have the rights (and Owner shall make the payments) provided for in Section 16.2 in the event of an Owner termination for convenience.

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