Termination by Distributor. At any time, Distributor may terminate this Agreement by giving BARTECH not less than ninety (90) days written notice.
Termination by Distributor. If the Company materially breaches this -------------------------- Agreement and if such breach remains uncured for thirty (30) days after Distributor gives the Company written notice of such breach, Distributor may terminate this Agreement for Cause by delivery of written notice of termination to the Company, effective thirty (30) days after the date of such notice. The Company may avoid termination by curing its breach to Distributor's satisfaction within the thirty- (30) day cure period.
Termination by Distributor. Distributor may terminate this Agreement or any Program License upon written notice if End User breaches this Agreement and fails to correct the breach within thirty (30) days following written notice from Distributor specifying the breach.
Termination by Distributor. Without prejudice to Distributor’s rights, if any, to terminate this Agreement in accordance with Section 12(a)(i)(A) above, Distributor may terminate this Agreement if MEC delivers to Distributor less than twenty-five percent (25%) of the aggregate volume of all Products ordered by Distributor in accordance with Sections 5 and 8 above over a continuous period of ninety (90) days after the initial due date/s for delivery in accordance with Section 8(b) above; provided Distributor has delivered to MEC written notice of such failure and MEC has failed to remedy such deficiency within thirty (30) days of MEC’s receipt of such notice. For the avoidance of doubt, Distributor shall not be entitled to invoke this Section 12(a)(v) to terminate this Agreement if MEC delivers twenty-five percent (25%) or more of the aggregate volume of all Products ordered by Distributor in accordance with Sections 5 and 8 above over a continuous period of ninety (90) days after the initial due date/s for delivery in accordance with Section 8(b) above. Distributor may terminate this Agreement at any time immediately upon written notice to MEC in the event that MEC distributes or agrees to distribute through other distributors in the Territory all or substantially all of the Products covered under this Agreement to the exclusion of Distributor.
Termination by Distributor. Upon the occurrence of any of the following, Distributor may terminate the Term by giving HealtheTech written notice of such termination:
(a) HealtheTech increases the prices at which Distributor may purchase Products under this Agreement by more than fifteen percent (15%) in any twelve (12) month period during the Term, provided that the Distributor gives HealtheTech written notice of such termination prior to such increased prices becoming effective pursuant to Paragraph 6.3;
(b) the insolvency of HealtheTech, the filing of a petition in bankruptcy by or against HealtheTech, the appointment of a receiver for HealtheTech or HealtheTech's property, or the execution of an assignment by HealtheTech of all or substantially all of its assets for the benefit of its creditors; or
(c) any failure by HealtheTech to perform any of its obligations under this Agreement where such failure continues for thirty (30) days after written notice thereof by Distributor of HealtheTech.
Termination by Distributor. Distributor may terminate this Agreement immediately, if:
(a) Seller fails to perform or comply with any provision of this Agreement for thirty (30) days after written notice of such failure has been provided by Distributor to Seller; or
(b) Any receiver of any property of Seller shall have been appointed; Seller shall have made an assignment for the benefit of creditors; Seller shall have made any assignment or have had an involuntary order made against it under the Bankruptcy Reform Act of 1978, as amended from time to time; Seller shall have become bankrupt or insolvent and distributor shall have made application for relief under the provisions of any statute now or hereafter in force concerning bankrupt or insolvent debtors; or any action whatever, legislative or otherwise, shall have been taken with a view to the winding-up, dissolution or liquidation of Seller.
Termination by Distributor. Distributor may terminate this Agreement at any time:
(A) If XXX fails to deliver to Distributor at *** percent *** of the aggregate volume of all Products ordered by Distributor in accordance with Sections 5 and 8 above over a continuous period of ninety (90) days after the initial due date/s for delivery in accordance with Section 8.b. above, provided Distributor has delivered to XXX written notice of such failure and XXX has failed to remedy such deficiency within thirty (30) days of MEL’s receipt of such notice; and
(B) If all or any of the Concurrent Agreements are terminated by HBC or XXX, as the case may be, without cause or terminated by Distributor or CCBC, as the case may be, as a result of HBC’s or MEL’s breach, as the case may be, then Distributor shall have the option to terminate this Agreement, which option may be exercised within one hundred twenty (120) days of the occurrence of such termination, by written notice by Distributor to XXX. Any such termination shall be effective upon MEL’s receipt of Distributor’s written notice of termination, and Distributor shall not be liable to XXX or otherwise obligated to pay to XXX any xxxxxxxxx payment or other amount by reason of such termination for compensation, reimbursement, or damages of whatsoever nature including, for (i) loss of prospective compensation or earnings, (ii) goodwill or loss thereof, or (iii) expenditures, investments, leases or any type of commitment made in connection with the business of XXX or in reliance on the existence of this Agreement. Distributor’s right to terminate this Agreement under this Section 12.a.(iii)(B) shall be independent of any other rights or remedies of Distributor under this Agreement.
Termination by Distributor. Distributor may terminate this Agreement, or any part hereof (including with respect to one or more Distributor distribution centers) upon written notice of the termination to UFPC within 120 days of the occurrence of any one of the following:
(i) UFPC fails to cure any material breach of this Agreement within 90 days after receipt by UFPC of written notice of the breach from Distributor, Distributor may terminate this Agreement in its entirety or with respect to the applicable distribution center(s);
(ii) upon receiving notice from UFPC that any of the material representations and warranties of UFPC set forth in this Agreement are not true, Distributor may terminate this Agreement in its entirety;
(iii) If Distributor or any distribution center ceases to be approved by Yum! to sell Products to Participants or the Distribution Services and Approval Agreement between Distributor and Yum! is terminated pursuant to its terms, Distributor may immediately terminate this Agreement in its entirety or with respect to the applicable distribution center(s);
(iv) UFPC shall have filed or had filed against it, a petition of bankruptcy or a similar petition under any bankruptcy law or under any other law for the relief of debtors, Distributor may terminate this Agreement in its entirety; or
(v) if a Participant is no longer a Yum! System franchisee, Distributor may immediately terminate this Agreement with respect to such Participant. Notwithstanding the foregoing, a Participant’s default under any Participant Joinder Agreement shall not constitute a default under this Agreement.
Termination by Distributor. (a) This Agreement may be terminated by the DISTRIBUTOR immediately upon written notice upon the occurrence of any of the following events:
(i) Dissolution or liquidation of the SUPPLIER'S business, an assignment or attempted assignment by the SUPPLIER for the benefit of creditors, the filing of a voluntary or involuntary petition for bankruptcy by or against SUPPLIER, or the insolvency of SUPPLIER.
(ii) Fraud or willful misconduct of SUPPLIER.
(iii) Failure to pay sums due the DISTRIBUTOR for promotional activities, samples, or any other reason, within thirty (30) days of properly documented requests for payment and within ten (10) days after written notice to cure. In this event DISTRIBUTOR shall have the right to offset amounts due to it, in payments to SUPPLIER,
(iv) Elimination of products from Territory.
(v) Sale or other transactions in the products directly or through another distributor to the distribution channels to which DISTRIBUTOR has been granted exclusivity, with the exception of those accounts specifically excluded from the Agreement, specifically all sales channels that do not accept direct stores deliveries(DSD).
(vi) Failure to process and ship DISTRIBUTOR orders if DISTRIBUTOR is not in default of its monetary obligations. INTIALS /s/ LH ------
(vii) [****] to DISTRIBUTOR, without [****] to other Distributors, unless mutually agreed to between the parties.
(b) In the event of SUPPLIER'S default, it shall be considered termination without cause and cause buy out termination payment to DISTRIBUTOR, as described in paragraph [*Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.]
Termination by Distributor. Distributor may terminate this Agreement at any time if XXX fails to deliver to Distributor at least five percent (5%) of the aggregate volume of all Products ordered by Distributor in accordance with Sections 5 and 8 above over a continuous period of ninety (90) days after the initial due date/s for delivery in accordance with Section 8(b) above, provided Distributor has delivered to XXX written notice of such failure and XXX has failed to remedy such deficiency within thirty (30) days of MEL’s receipt of such notice. Distributor may terminate this Agreement at any time immediately upon written notice to XXX in the event that XXX distributes or agrees to distribute through other distributors in the Territory all or substantially all of the Products covered under this Agreement to the exclusion of Distributor.
