Termination by Developer. This Agreement may be terminated by Developer upon fourteen (14) days written notice to District in the event of an uncured substantial failure of performance by District.
Termination by Developer. Developer may terminate this Agreement in the event of an Owner Default. The following shall constitute an “Owner Default”: (i) failure of Owner to pay to Developer any amount becoming due and payable hereunder, within five (5) days after written notice from Developer of such failure; and (ii) failure of Owner to comply with any material provision of this Agreement, and the continuation of such failure for fifteen (15) days after written notice thereof from Developer to Owner; provided, however, that if the time required to cure and remedy such default shall exceed fifteen (15) days, Owner shall not be in default hereunder if Owner commences to cure such failure as soon as reasonably practicable in view of all circumstances and thereafter diligently prosecutes such curative efforts to completion. In addition to the right to terminate this Agreement, upon the occurrence of any Owner Default (after any applicable notice and cure periods), Developer may, at any time while such Owner Default continues, exercise any other remedies that may be provided at law or in equity. During the continuance of any Owner Default, Developer may also suspend Developer's performance under this Agreement, and any such suspension by Developer shall not constitute a breach of this Agreement, nor shall it affect Developer's right to the Development Fee, or any portion thereof. Nothing in this Section 7 shall prevent Developer from seeking monetary damages from Owner in the event of Developer’s termination hereunder.
Termination by Developer. Prior to the Closing, in the event of a default by Agency pursuant to this Agreement, Developer shall have the right to terminate this Agreement by providing written notice to the Agency, subject to the notice and cure provisions of Section 501. SECTION 510 Termination by Agency
Termination by Developer. Developer may terminate this Agreement if one or more of the following events shall occur:
(a) a failure by Owner to pay any amounts or monetary obligations due and owing to Developer which is not cured within ten (10) business days following receipt of written notice by Developer specifying such default; or
(b) a material default by Owner under this Agreement that is not cured within thirty (30) days following receipt of written notice from Developer specifying the default; provided, however, that if such default cannot be cured within such thirty (30) day period through the use of diligent efforts, such period shall be extended for an additional thirty (30) days; provided, further, that if Owner promptly commences such cure and thereafter diligently prosecutes such cure but is unable to complete such cure within the aforesaid two thirty (30) day periods, Owner shall be afforded an additional thirty (30) days to complete such cure.
(c) Owner (or an Affiliate of Owner) defaults in its obligations under that certain joint venture agreement executed on even date herewith and such default is not cured within any applicable notice or grace period.
Termination by Developer. Developer may request to terminate this Agreement at any time, which request will be reviewed by Zoom, and approval will not be unreasonably withheld. In the event of a termination by Developer, Zoom requires a 90 day wind-down period for Customers using the Developer Application and will work with Developer to determine if adjustments are necessary to the wind-down period and procedures in order to protect the Customer experience. In the event of a wind-down, the Agreement will not be finally terminated until the wind-down is completed to Zoom’s satisfaction.
Termination by Developer. Developer may terminate this Agreement if one or more of the following events shall occur:
(a) a failure by Owner to pay any amounts or monetary obligations due and owing to Developer which is not cured within three (3) business days following receipt of written notice by Developer specifying such default;
(b) a material default by Owner under this Agreement that is not cured within thirty (30) days following receipt of written notice from Developer specifying the default; provided, however, that if such default cannot be cured within such thirty (30) day period through the use of diligent efforts, such period shall be extended for an additional thirty (30) days; provided, further, that if Owner promptly commences such cure and thereafter diligently prosecutes such cure but is unable to complete such cure within the aforesaid two thirty (30) day periods, Owner shall be afforded an additional thirty (30) days to complete such cure.
Termination by Developer. 27.1 If:
(a) the Grantor fails to pay an amount of money exceeding US$100,000 due under this Agreement, and that amount remains outstanding for more than 90 days;
(b) the Government expropriates, sequestrates or requisitions (by a single or a series of events) the whole or substantially the whole of the Toll Road, the Contract Plant, the Construction Works, or the Contractor's Equipment);
(c) the Grantor is in breach, and that breach has not been remedied for more than 90 days, of any of its obligations under this Agreement or the GPD Loan Agreement, Lease Agreement and Grantor Working Capital Reserve Agreement:
(i) in a manner or to an extent that is material in the context of the Grantor’s obligations, and/or the Developer’s rights, under this Agreement or the Developer's obligations under any Financing Agreement; or
(ii) where the breach is:
(A) deliberate or wilful; or
(B) indicates an intention, desire or preference not to comply with the relevant obligations; or
(C) is repeated or persistent to such an extent as is, in the Developer's reasonable opinion, material,
(d) the [GOVERNMENT] is in breach, for more than 90 days, of its obligations under the Implementation Agreement, the Government Guarantee or any other document with respect to the Project to which it is a party or that it issued;
(i) in a manner or to an extent that is material in the context of the Grantor’s obligations, and/or the Developer’s rights, under this Agreement or the Developer's obligations under any Financing Agreement; or
Termination by Developer. This Agreement may be terminated by DEVELOPER upon fourteen (14) days written notice to DISTRICT in the event of an uncured substantial failure of performance by DISTRICT, unless the DISTRICT has acted to commence cure efforts in any case where a reasonable cure can not be concluded within the fourteen (14) day notice period.
Termination by Developer. Developer may terminate this ------------------------ Lease in the event Developer is unable to secure an extended coverage leasehold policy of title insurance, within ninety (90) days following execution of this Lease containing only those exceptions approved by Developer, provided, however, that Developer shall have first given Landlord sixty (60) days notice of its intention to terminate during which time Landlord shall have an opportunity to cure the deficiency.
Termination by Developer. In the event County substantially defaults under this Agreement, Developer shall have the right to terminate this Agreement after the hearing set forth in this Section. Developer shall have the option, in its discretion, to maintain this Agreement in effect, and seek to enforce all of County’s obligations hereunder under the procedures set forth in this Section and Section 5.5.
