Termination by Grantor. Grantor may terminate this Agreement, for any reason, upon 30 days advance written notice to Grantee. In addition, Grantor may terminate this Agreement effective immediately upon written notice to Grantee, or effective on such later date as may be established by Grantor in such notice, under any of the following circumstances:
(a) Grantor fails to receive sufficient appropriations or other expenditure authorization to allow Grantor, in the reasonable exercise of its administrative discretion, to continue making payments under this Agreement; or,
(b) The Grantor does not have sufficient funds to continue making payments under this Agreement; or,
(c) There is a change in federal or state laws, rules, regulations or guidelines so that the Project funded by this Agreement is no longer eligible for funding; or,
(d) In accordance with Section 6.04.
Termination by Grantor. This Agreement, and the easement granted hereunder, may be terminated by Xxxxxxx, at any time, upon thirty (30) days’ written notice to City and receipt of the City’s written consent to terminate, upon Xxxxxxx’s showing of any of the following:
(1) That the property is to be sold and the buyer requires removal of the easement as a condition of the purchase and sale; or
(2) That the property is to be refinanced and the lender requires removal of the easement as a condition of the refinancing; or
(3) That the property is to be substantially remodeled or altered in a way that precludes continued maintenance of the Mural;
(4) That Grantor’s circumstances have materially changed and the continued existence of the easement or maintenance of the Mural substantially impedes Grantor’s reasonable use and enjoyment of the Property. City shall not unreasonably withhold consent to termination upon Xxxxxxx’s satisfactory demonstration of any of the foregoing conditions of termination. Grantor expressly agrees and warrants that if Grantor terminates this Agreement, Grantor shall be responsible for removing the Mural and restoring the Property to its prior condition, at Grantor’s sole expense. Such removal and restoration shall occur within thirty (30) days of the termination of the easement, unless this period is extended in writing by the City.
Termination by Grantor. The County may terminate this License by giving written notice to the Licensees specifying the date of termination. Such notice shall be given at least one hundred and eighty (180) days prior to the date specified therein. Upon termination, the Licensees shall have the right to remove the Gage for use on another property. .
Termination by Grantor. In the event that the Grantee has not within forty eight (48) months of the execution of this Agreement, either erected at least one (1) Turbine or Test Tower upon the Easement Lands or commenced payment to the Grantor of the compensation equal to the amount in accordance with Section 5(c) hereof as if one (1) megawatt of installed generating capacity had been sited upon the Easement Lands, the Grantor may, if it so chooses, within sixty (60) days of the end of such 48 month period, elect to terminate all rights and obligations hereunder upon one (1) month’s prior written notice to the Grantee. Upon the Grantor so electing to terminate, the Grantee shall, at the sole cost and expense of the Grantee, remove and discharge any instrument or encumbrance that it has registered against title to the Easement Lands that is related to its interest in the Easement Lands.
Termination by Grantor. 28.1 If:
(a) the Developer shall in whole or in part assign this Agreement, remove or replace the Contractor or sub let the whole or a part of the Construction Works otherwise than in accordance with Clause 34 (Assignment and Security) or remove or replace the Contractor or the Operator otherwise than in accordance with Clauses 35.2 and 35.3 (Sub-Contractors); or
(b) the Grantor is entitled to terminate the Early Project under Clause 12.5(b) (Time for Completion) of this Agreement or Phase 1A of this Agreement under Clause 12.6(b) (Time for Completion) or Phase 1B of this Agreement under Clause 12.7(b) (Time for Completion); or
(c) there is a breach of this Agreement under Clause 33 (Transfers and Amendments); or
(d) a Prohibited Act is committed:
(i) by the Developer or by an employee not acting independently of the Developer; or
(ii) by an employee of the Developer acting independently of the Developer; or
(iii) by a sub-contractor or by an employee of that sub-contractor not acting independently of that sub-contractor; or
(iv) by an employee of a sub-contractor acting independently of that sub-contractor; or
(v) by any other person not specified in paragraphs (i) to (iv) above; or
(e) the Developer is in breach of any of its obligations under this Agreement:
(i) in a manner or to an extent that is material in the context of the Developer's obligations, and/or the Grantor's rights, under this Agreement or any other agreement with respect to the Project to which it is a party or which it issued and/or the Grantor's statutory and other duties and functions; 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 Grantor's reasonable opinion, material;
(f) the Shareholders fail to subscribe for equity and/or advance moneys in accordance with the Shareholders Equity Undertaking and that amount remains outstanding for more than 90 days;
(g) the Developer, the Contractor, the Operator or the Sponsor breaches or seeks to vary (without the Grantor's consent) any material term of a Project Agreement;
(h) the Developer fails to pay within 90 days of demand any amount exceeding US$100,000 required to be paid by it in accordance with this Agreement, or
(i) the Developer receives three or more Warning Notices, then the Grantor may give in relation to the provisions set out in paragraphs (a), (c), (d), (f), (h...
Termination by Grantor. Grantor reserves the right to discontinue or otherwise make unavailable all or any part of the Materials or Service(s) (as such terms are defined herein) at any time upon sixty (60) days prior written notice to User. Grantor may also terminate this Agreement upon default in accordance with the provisions of Section 8 below. Upon such termination, User shall (within ten (10) business days) return the Equipment to Grantor. Notwithstanding the foregoing, Grantor reserves the right to cancel for cause without prior written notice.
Termination by Grantor. This Agreement, and the easement granted hereunder, may be terminated by Grantor, at any time, upon thirty (30) days’ written notice to City and PUBLIC ART EASEMENT AGREEMENT: 0000 X. XXXX XXXXXX, XXXXXXXX PAGE 1 receipt of the City’s written consent to terminate, upon Grantor’s showing of any of the following:
(1) That the property is to be sold and the buyer requires removal of the easement as a condition of the purchase and sale; or
(2) That the property is to be refinanced and the lender requires removal of the easement as a condition of the refinancing; or
(3) That the property is to be substantially remodeled or altered in a way that precludes continued maintenance of the Mural;
(4) That Grantor’s circumstances have materially changed and the continued existence of the easement or maintenance of the Mural substantially impedes Grantor’s reasonable use and enjoyment of the Property. City shall not unreasonably withhold consent to termination upon Grantor’s satisfactory demonstration of any of the foregoing conditions of termination. Grantor expressly agrees and warrants that if Grantor terminates this Agreement, Grantor shall be responsible for removing the Mural and restoring the Property to its prior condition, at Grantor’s sole expense. Such removal and restoration shall occur within thirty (30) days of the termination of the easement, unless this period is extended in writing by the City. Grantor further expressly agrees and warrants that if Grantor terminates this Agreement prior to the expiration of the Agreement term set forth herein, Grantor shall donate to City one thousand dollars ($1,000) for each year remaining of the term, which amount City may utilize toward the installation of a public art mural at a different location.
Termination by Grantor. On the happening of any of the following events, Grantor may notify the Licensee in writing of Licensee's default under this Agreement, stating Licensee's obligation to cure the default, and itemizing the specific steps to be taken by Licensee. On failure by Licensee to cure such default within thirty days after receipt of such notice, Grantor may terminate this Agreement by written notice of termination to be effective fifteen days after receipt thereof.
Termination by Grantor. Grantor shall have the right to terminate this Agreement as a remedy for default by District of the terms hereof if District fails to cure any default after written notice to District of the default by Grantor and District’s failure to cure such default within 30 days thereafter. In such event District shall comply with the provisions of Section 8(b)(c).
Termination by Grantor. (a) This Agreement may be terminated by Grantor, provided Grantee is notified in writing at least thirty (30) days prior to the termination date, for breach of any term of this Agreement.
(b) If Grantor chooses to notify Grantee in writing of a breach of any term of this Agreement Grantee shall have thirty (30) days from the date of the notice in which to cure the breach before Grantor terminates the Agreement. Approval of a written request by Grantee for an extension to cure shall not be unreasonably withheld by Grantor.
