Common use of Termination by Government Clause in Contracts

Termination by Government. a) The GOVERNMENT shall have the right to terminate this LEASE in part or whole, at any time, without prior notice, and regardless of any lack of breach by LESSEE of any of the terms and conditions of this LEASE. In the event of termination for any reason not involving a breach by ▇▇▇▇▇▇ of the terms and conditions of the LEASE the GOVERNMENT shall make an equitable adjustment of any advance rentals paid by the LESSEE hereunder. If the GOVERNMENT's use of the LEASED PROPERTY does not require immediate possession thereof, LESSEE shall be permitted, within such time as the Real Estate Contracting Officer shall prescribe to harvest, gather and remove from the LEASED PROPERTY such crops as can be so harvested and removed, but if the GOVERNMENT's requirements necessitate immediate repossession of the LEASED PROPERTY, so as to preclude LESSEE from such harvesting and removal of any growing or matured corps. LESSEE hereby specifically releases, remises, and forever discharges the GOVERNMENT from any and all liability or claims of loss or damage of any nature arising out of such termination and repossession, including, but not limited to destruction of, diminution in value of, or inability to harvest any growing crops. b) In the event that the GOVERNMENT shall elect to terminate this LEASE on account of the breach by LESSEE of any of the terms and/or conditions of this LEASE, no adjustment in advance rentals paid by LESSEE shall be made, and the GOVERNMENT shall be entitled to recover and LESSEE shall pay to the GOVERNMENT: i. The costs incurred in resuming possession of the LEASED PROPERTY. ii. The costs incurred in performing any obligation on the part of LESSEE to be performed hereunder. iii. An amount equal to the aggregate of all rents, Long Term Maintenance Obligation and charges assumed hereunder and not theretofore paid or satisfied, less the net rentals, if any, collected by the GOVERNMENT on the reletting of the LEASED PROPERTY, which amounts shall be due and payable at the time when such rents, obligations and charges would have accrued or become due and payable under this LEASE.

Termination by Government. a) The Subject to the provisions of Article XXIX Section 1, the GOVERNMENT shall have the right to terminate this LEASE in part or whole, at any time, without prior notice, and regardless of any lack of breach by LESSEE of Agreement if any of the terms following events (hereinafter called “Events of Default”) shall occur and conditions be continuing: a. Where the CONCESSIONAIRE or the PRINCIPAL shall (i) voluntarily make an assignment of this LEASE. In all or substantially all of its assets for the event benefit of termination creditors other than an assignment made to secure indebtedness incurred in the ordinary course of business, (ii) file a petition or application to any tribunal for the appointment of a trustee or receiver for all or any reason not involving a breach by ▇▇▇▇▇▇ substantial part of the terms and conditions of CONCESSIONAIRE’s or the LEASE PRINCIPAL’s assets, as applicable, (iii) commence any proceedings for its bankruptcy, reorganization, arrangement or insolvency under the GOVERNMENT shall make an equitable adjustment laws of any advance rentals paid by the LESSEE hereunder. If the GOVERNMENT's use of the LEASED PROPERTY does not require immediate possession thereofjurisdiction, LESSEE shall be permitted, within such time as the Real Estate Contracting Officer shall prescribe to harvest, gather and remove from the LEASED PROPERTY such crops as can be so harvested and removed, but if the GOVERNMENT's requirements necessitate immediate repossession of the LEASED PROPERTY, so as to preclude LESSEE from such harvesting and removal of any growing whether now or matured corps. LESSEE hereby specifically releases, remises, and forever discharges the GOVERNMENT from any and all liability or claims of loss or damage of any nature arising out of such termination and repossession, including, but not limited to destruction of, diminution hereafter in value ofeffect, or inability if any such petition or application is filed, or any such proceedings are commenced against it, indicate its approval thereof; consent thereto or acquiescence therein, or (iv) if any order is entered appointing any such trustee or receiver, or adjudicating the CONCESSIONAIRE or the PRINCIPAL bankrupt or insolvent, or approving the petition in any such proceedings, permit such order to harvest any growing crops.remain in effect for more than ninety (90) days; bb. Where the CONCESSIONAIRE ceases Production with respect to all Production Areas for a period of twenty four (24) In the event that the GOVERNMENT shall elect consecutive months unless such failure is consented to terminate this LEASE on account of the breach by LESSEE of any of the terms and/or conditions of this LEASE, no adjustment in advance rentals paid by LESSEE shall be made, and the GOVERNMENT shall be entitled to recover and LESSEE shall pay to the GOVERNMENT: i. The costs incurred in resuming possession of the LEASED PROPERTY. ii. The costs incurred in performing any obligation on the part of LESSEE to be performed hereunder. iii. An amount equal to the aggregate of all rents, Long Term Maintenance Obligation and charges assumed hereunder and not theretofore paid or satisfied, less the net rentals, if any, collected by the GOVERNMENT on or is caused by Force Majeure; c. Where the reletting of CONCESSIONAIRE or the LEASED PROPERTY, which amounts PRINCIPAL shall be due and payable at materially fail to make any payment to the time when such rents, obligations and charges would have accrued or become due and payable GOVERNMENT under this LEASEAgreement; and d. Where the CONCESSIONAIRE or the PRINCIPAL has failed in a serious and prolonged manner to comply with its material obligations under this Agreement sixty (60) days after giving notice to the CONCESSIONAIRE or the PRINCIPAL as applicable.

Termination by Government. a) The GOVERNMENT shall have the right to terminate this LEASE in part or wholeLEASE, at any time, without prior notice, and regardless of any lack of breach by LESSEE of any of the terms and conditions of this LEASE. In the event of termination for any reason not involving a breach by ▇▇▇▇▇▇ LESSEE of the terms and conditions of the LEASE LEASE, the GOVERNMENT shall make an equitable adjustment of any advance rentals paid by the LESSEE hereunder. If the GOVERNMENT's use of the LEASED PROPERTY does not require immediate possession thereof, LESSEE shall be permitted, within such time as the Real Estate Contracting Officer shall prescribe to harvest, gather and remove from the LEASED PROPERTY such crops as can be so harvested and removed. However, but if the GOVERNMENT's 'S requirements necessitate immediate repossession of the LEASED PROPERTY, so as to preclude LESSEE shall be precluded from such harvesting and removal of any growing or matured corpscrops. LESSEE hereby specifically releases, remises, and forever discharges the GOVERNMENT from any and all liability or claims of loss or damage of any nature arising out of such termination and repossession, including, but not limited to destruction of, diminution in value of, or inability to harvest any growing crops, and/or death or diminution of value of any livestock of LESSEE. b) In the event that the GOVERNMENT shall elect to terminate this LEASE on account of the breach by LESSEE of any of the terms and/or conditions of this LEASE, no adjustment in advance rentals paid by LESSEE shall be made, and the GOVERNMENT shall be entitled to recover and LESSEE shall pay to the GOVERNMENT: i. (1) The costs incurred in resuming possession of the LEASED PROPERTY. ii. (2) The costs incurred in performing any obligation on the part of LESSEE to be performed hereunder. iii. (3) An amount equal to the aggregate of all rents, Long Term Maintenance Obligation and charges assumed hereunder and not theretofore paid or satisfied, less the net rentals, if any, collected by the GOVERNMENT on the reletting of the LEASED PROPERTY, which amounts shall be due and payable at the time when such rents, obligations and charges would have accrued or become due and payable under this LEASE.

Termination by Government. a) The GOVERNMENT Government shall have the right to terminate this LEASE lease, in part whole or wholein part, at any time, without prior notice, and regardless of any lack of breach by LESSEE Lessee of any of the terms and conditions of this LEASElease. In the event of termination for any reason not involving a breach by ▇▇▇▇▇▇ Lessee of the terms and conditions of the LEASE lease the GOVERNMENT Government shall make an equitable adjustment of any advance rentals paid by Lessee hereunder and, if the LESSEE hereunder. If the GOVERNMENT's Government’s use of the LEASED PROPERTY Premises does not require immediate possession thereof, LESSEE Lessee shall be permitted, within such time as the Real Estate Contracting Officer Local Government Representative shall prescribe prescribe, to harvest, gather and remove from the LEASED PROPERTY Premises such crops as can be so harvested and removed, but if the GOVERNMENT's Government’s requirements necessitate immediate repossession of the LEASED PROPERTYPremises, so as to require immediate removal of Lessee’s livestock, and/or, to preclude LESSEE Lessee from such harvesting and removal of any growing or matured corps. LESSEE crops, Lessee hereby specifically releases, remises, and forever discharges the GOVERNMENT Government from any and all liability or claims of for loss or damage of any nature arising out of such termination and repossession, including, but not limited to to, destruction of, of diminution in value of, or inability to harvest any growing crops. b) , and/or death or diminution of value of any livestock of Lessee. In the event that the GOVERNMENT Government shall elect to terminate this LEASE lease on account of the breach by LESSEE the Lessee of any of the terms and/or and conditions of this LEASE, hereof no adjustment in advance rentals paid by LESSEE Lessee shall be made, and the GOVERNMENT Government shall be entitled to recover and LESSEE Lessee shall pay to the GOVERNMENTGovernment: i. (1) The costs incurred in resuming possession of the LEASED PROPERTYPremises. ii. (2) The costs incurred in performing any obligation on the part of LESSEE ▇▇▇▇▇▇ to be performed hereunder. iii. (3) An amount equal to the aggregate of all rents, Long Term Maintenance Obligation rents and charges assumed hereunder and not theretofore paid or satisfiedpaid, less the net rentals, if any, collected by the GOVERNMENT Government on the reletting re-letting of the LEASED PROPERTYPremises, which amounts shall be due and payable at the time when such rents, obligations and charges the rent reserved under this lease would have accrued or become due and payable payable. The Government may, at its option, attach any livestock or crops of Lessee on the Premises in full or partial satisfaction of Lessee’s obligations under this LEASEArticle.