Termination by ESP Sample Clauses

Termination by ESP. If Owner shall persistently or repeatedly fail to remediate any Event of Default for a period of sixty
Sample 1
AutoNDA by SimpleDocs
Termination by ESP. ESP may terminate this Audit Agreement prior to the completion of the Audit and submission of the Audit Report if: it determines that it cannot guarantee a minimum ___% of Proposed Savings through the installation or implementation of ECMs at the Premises; or it determines that, even though it can guarantee a ___% of Proposed Savings, such amount would be insufficient to cover the costs associated with performing the Audit, installing or implementing ECMs, and related training, maintenance and monitoring services. Submission of the Audit Report shall end ESP’s right to terminate the Audit Agreement under this Section. In the event ESP terminates the Audit Agreement pursuant to this Section, Owner shall not be obligated to pay any amount to ESP for services performed or expenses incurred by ESP in connection with this Audit Agreement. ESP shall provide Owner with any documents developed or acquired through this Audit Agreement, including but not limited to preliminary notes, reports or analysis. Termination under this Section shall be effective upon Owner’s receipt of written notification from ESP stating the reason for the termination and all documents which support termination pursuant to this Section.
Sample 1
Termination by ESP. If no Event of Default has occurred, ESP may terminate this Audit Agreement prior to the completion of the Audit and submission of the Audit Report if it determines and demonstrates to Owner that the Proposed Savings will not meet or exceed the costs associated with performing the Audit, installing or implementing ECMs, and related training, maintenance, and monitoring services. Submission of the Audit Report shall end ESP’s right to terminate the Audit Agreement under this Section. In the event ESP terminates the Audit Agreement pursuant to this Section, ESP shall not be entitled to receive the Audit Fee and will, instead, be entitled to receive the amount specified in Section 5.1.2, as its sole compensation hereunder. ESP shall provide Owner with any documents developed or acquired through this Audit Agreement, including but not limited to preliminary notes, reports or analysis. Upon termination provided for under Section 5.1.1, ESP shall receive the amount set forth below, based on the stage of progress of the Audit at the time of such termination: Submission of Baseline Report: If ESP has provided the Baseline Report, as required under Section 2.2.2, then ESP shall recover the lesser of (a) the actual, documented cost incurred in the performance of this Audit Agreement or (b) twenty-five percent (25%) of the Audit Fee.
Sample 1

Related to Termination by ESP

  • Termination by XOOM We may terminate this Contract, or the applicable portion of this Contract, at our discretion and without penalty immediately upon notice to you if:

  • TERMINATION BY MPS MPS further reserves the right to terminate this Contract at any time for any reason by giving Contractor written notice by Registered or Certified Mail of such termination. MPS will attempt to give Contractor 20 days’ notice, but reserves the right to give immediate notice. In the event of said termination, Contractor shall reduce its activities hereunder, as mutually agreed to, upon receipt of said notice. Upon said termination, Contractor shall be paid for all services rendered through the date of termination, including any retainage. This section also applies should the Milwaukee Board of School Directors fail to appropriate additional monies required for the completion of the Contract.

  • Termination by Us We may terminate this Contract with 30 days’ written notice as follows:

  • Termination by Employer (i) Employer may terminate this Agreement upon written notice for Cause. For purposes hereof, "

  • Termination by City Notwithstanding any other term, provision or conditions of this Agreement, subject only to prior written notification to Licensee or its successor-in- interest, this Agreement is revocable by the City if:

  • Termination by Employee Employee may terminate his employment under this Agreement by 60 days' written notice to the Company.

  • Termination by You You may cancel your acceptance of this Contract by delivering notice to XOOM by way of mail, fax, e-mail or by personal delivery, in the following circumstances:

  • Termination by CAISO Subject to Section 5.2, the CAISO may terminate this Agreement by giving written notice of termination in the event that the Participating Generator commits any material default under this Agreement and/or the CAISO Tariff which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given, to the Participating Generator, written notice of the default, unless excused by reason of Uncontrollable Forces in accordance with Article X of this Agreement. With respect to any notice of termination given pursuant to this Section, the CAISO must file a timely notice of termination with FERC, if this Agreement was filed with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: (1) the filing of the notice of termination is made after the preconditions for termination have been met, and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement shall terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

  • Termination by Xxxxx Subject to Section 5.2, the CAISO may terminate this Agreement by giving written notice of termination in the event that the Participating Load commits any material default under this Agreement and/or the CAISO Tariff which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given, to the Participating Load, written notice of the default, unless excused by reason of Uncontrollable Forces in accordance with Article X of this Agreement. With respect to any notice of termination given pursuant to this Section, the CAISO must file a timely notice of termination with FERC, if this Agreement was filed with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: (1) the filing of the notice of termination is made after the preconditions for termination have been met, and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement shall terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

  • Termination by ICANN (a) ICANN may, upon notice to Registry Operator, terminate this Agreement if: (i) Registry Operator fails to cure (A) any fundamental and material breach of Registry Operator’s representations and warranties set forth in Article 1 or covenants set forth in Article 2, or (B) any breach of Registry Operator’s payment obligations set forth in Article 6 of this Agreement, each within thirty (30) calendar days after ICANN gives Registry Operator notice of such breach, which notice will include with specificity the details of the alleged breach, (ii) an arbitrator or court of competent jurisdiction has finally determined that Registry Operator is in fundamental and material breach of such covenant(s) or in breach of its payment obligations, and (iii) Registry Operator fails to comply with such determination and cure such breach within ten (10) calendar days or such other time period as may be determined by the arbitrator or court of competent jurisdiction.

Time is Money Join Law Insider Premium to draft better contracts faster.