Termination by Development Manager Sample Clauses

Termination by Development Manager. Development Manager, at its option, may terminate this Agreement (a) for the failure of Owner to comply with any term or condition of this Agreement and such failure continues for a period of thirty (30) days after written notice thereof by Owner to Development Manager, provided that if such default is not reasonably susceptible of cure within thirty (30) days, then such reasonable time so long as Owner is diligently prosecuting the cure of the default, but in no event longer than ninety (90) days; or (b) in the event that an amendment to the Development Budget or the Business Plan proposed by Owner and disapproved by Development Manager nevertheless becomes effective pursuant to the terms of Subsection 3.6(e) hereof, provided that such amendment does not result from a breach or default by Development Manager of any of the terms hereof or from circumstances which should have been reasonably foreseeable by an experienced and prudent manager of development of a project similar to the Property, and provided further that such termination shall not become effective until thirty (30) days after delivery of written notice thereof from Development Manager to Owner, which shall not be delivered until after the effective date of such amendment. Notwithstanding a termination of this Agreement by Development Manager pursuant to this Section 5.5, Development Manager shall be entitled to receive the Development Fee as and when the same would otherwise be payable hereunder.
Sample 1
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Termination by Development Manager. Owner shall be in default and breach of this Agreement, and this Agreement shall terminate at the election of Development Manager, upon the occurrence of any of the events set forth in Sections 9.7.1 through 9.7.3
Sample 1
Termination by Development Manager. From and after the Limited Termination Period Date, Development Manager shall have the right to terminate this Agreement without cause upon thirty (30) days’ written notice to Owner. Development Manager may not exercise its rights under this Section 10.7 until after the Limited Termination Period Date. In the event of a termination of this Agreement pursuant to this Section 10.7, (a) Development Manager shall not be entitled to receive any portion of the Base Development Fee, the Development Incentive Fee, the West Bluffs Incentive Fee or the Cost Saving Incentive Fee other than Delinquent Fee Payments; and Development Manager hereby waives all rights and claims to any such fees, or any portion thereof, other than Delinquent Fee Payments, provided that (i) the foregoing shall not limit any Development Fees previously paid to Development Manager (subject to Section 9.7), and (ii) subject to Section 9.7, Development Manager shall be entitled to retain all Development Fees previously paid to Development Manager, (b) Development Manager shall continue to be entitled to receive the Earn-Out Development Fees and the Closing Incentive Fee in accordance with Sections 9.3 and 9.5 of this Agreement (subject to Sections 9.9 of this Agreement), (c) termination of this Agreement by Owner under Section 10.7 shall not waive any of Owner’s rights or remedies for any default by Development Manager prior to such termination, (d) any Development Incentive Fee shall be subject to Sections 9.7, and (e) Owners shall have the right to attempt to employ and to employ any of Development Manager’s personnel employed in connection with the Projects (i.e., the restrictions in the last grammatical paragraph of Section 10.6 shall not apply).
Sample 1
Termination by Development Manager. Development Manager may terminate this Agreement if (i) Owner fails to pay or to permit to be paid the Development Fee when due and payable and such failure continues for thirty (30) days after written notice thereof from Development Manager to Owner; or (ii) a delay of more than eight (8) months in the date for achievement of any Milestone or in the date for Shell and Core Delivery, Substantial Completion of the Project or Completion of the Project as set forth in the Project Schedule attached hereto as Exhibit D that results from the cumulative effect of any and all Owner Caused Delays and Owner Scope Changes. Upon such termination, Development Manager shall not be entitled to receive any future payments toward the Development Fee but Owner shall pay Development Manager all accrued but unpaid payments toward the Development Fee; provided, however, that any monthly installment of Development Fee which is payable for the month of termination shall be prorated based on the number of days of the month prior to the effective day of termination.
Sample 1

Related to Termination by Development Manager

  • 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 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 Consultant Consultant may terminate Consultant's engagement under this Agreement for any reason provided that Consultant gives Company at least thirty (30) days' notice in writing. Company may, at its option, accelerate such termination date to any date at least two weeks after Consultant's notice of termination. Company may, at its option, relieve Consultant of all duties and authority after notice of termination has been provided. All compensation, payments and unvested benefits will cease on the termination date.

  • Termination by the Consultant The Consultant may terminate the provision of his services under this Agreement on not less than 30 days' notice to the Company, in which case the obligations of the Company will be the same as though the services were terminated for cause.

  • Appointment, Term, and Termination a. Client hereby engages and retains Dalmore to provide operations and compliance services at Client’s discretion.

  • Termination by Licensor Licensor, at its option, may immediately terminate the Agreement, or any part of Licensed Subject Matter, or any part of Field of Use, or any part of Territory, or the exclusive nature of the license grant, upon delivery of written notice to Licensee of Licensor’s decision to terminate, if any of the following occur:

  • Approval, Amendment or Termination by Individual Fund Any approval, amendment or termination of this Agreement by the holders of a majority of the outstanding voting securities (as defined in the 0000 Xxx) of any Fund shall be effective to continue, amend or terminate this Agreement with respect to any such Fund notwithstanding (i) that such action has not been approved by the holders of a majority of the outstanding voting securities of any other Fund affected thereby, and (ii) that such action has not been approved by the vote of a majority of the outstanding voting securities of the Trust, unless such action shall be required by any applicable law or otherwise.

  • 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.

  • Termination by Agreement In the event Practice and Business ------------------------ Manager shall mutually agree in writing, this Management Services Agreement may be terminated on the date specified in such written agreement.

  • Termination by the Corporation for Cause (1) Nothing herein shall prevent the Corporation from terminating Executive for Cause, as hereinafter defined. The Executive shall continue to receive compensation only for the period ending with the date of such termination as provided in this Section 6c. Any rights and benefits the Executive may have in respect of any other compensation shall be determined in accordance with the terms of such other compensation arrangements or such plans or programs.

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