Termination by HET Clause Samples

Termination by HET. Upon the occurrence of any of the following, HET may terminate the Agreement by giving MJC written notice of such termination: a) Any assignment or attempted assignment or transfer, by operation of law or otherwise other than in accordance with the provisions of this Agreement by MJC; b) The failure of MJC to make any payment when due, subject to HET providing MJC written notice of such failure to make payment and MJC not curing such deficiency within ten (10) days from receipt of such notice; c) MJC directly or indirectly markets, sells or promotes any product in the Markets that competes with any Product or has a significant financial interest in any company or individual that is manufacturing, assembling, producing, marketing, selling or distributing any product that competes with any Product; d) MJC knowingly sells Products directly or indirectly to customers located outside the Markets; provided that no termination shall be claimed as a result of MJC sales to cross functional groups which, in the reasonable belief of MJC, are not predominantly comprised of customers outside the Markets; e) The insolvency of MJC, the filing of a petition in bankruptcy by or against MJC, the appointment of a receiver for MJC or MJC's property, the execution of an assignment by MJC of all or substantially all of its assets for the benefit of its creditors, or the conviction of MJC or any principal or manager of the MJC for any crime tending to adversely affect the ownership or operation of business; f) The failure of MJC to meet the Target Purchase Commitments provided in Exhibit B, subject to the right to cure set forth therein, or the parties fail to agree on future Target Purchase Commitments as contemplated in Section 3.1(b). g) Other than as set forth in Section 10.2 (a) through (e), any failure by MJC to perform any of its obligations under this Agreement where such failure is not cured to the reasonable satisfaction of HET within thirty (30) days after written notice thereof by HET to MJC.
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Termination by HET. Upon the occurrence of any of the following, HET may terminate this Agreement by giving HS written notice of such termination: (a) HS disparages the HET Business or promotes products and services that compete with the products and services offered by HET as part of the HET Business; (b) the insolvency of HS, the filing of a petition in bankruptcy by or against HS, the appointment of a receiver for HS or its property, the execution of an assignment by HS of all or substantially all of its assets for the benefit of its creditors, or the conviction of HS or any principal or manager of the HS for any crime tending to adversely affect the ownership or operation of its business; or (c) any failure by HS to perform any of its obligations under this Agreement where such failure continues for thirty (30) days after written notice thereof by HET to HS.
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Termination by HET. Upon the occurrence of any of the following, HET may terminate this Agreement by giving HS written notice of such termination: (a) the failure of HS to make any payment when due; (b) HS directly or indirectly markets, sells or promotes any product in its areas of exclusivity that competes with any Product or has a significant financial interest in any company or individual that is manufacturing, assembling, producing, marketing, selling or distributing any product that competes with any Product; (c) the insolvency of HS, the filing of a petition in bankruptcy by or against HS, the appointment of a receiver for HS or its property, the execution of an assignment by HS of all or substantially all of its assets for the benefit of its creditors, or the conviction of HS or any principal or manager of the HS for any crime tending to materially and adversely affect the ownership or operation of its business; or (d) other than as set forth in Section 10.2 (a) through (d), any failure by HS to perform any of its obligations under this Agreement where such failure continues for thirty (30) days after written notice thereof by HET to HS.
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Related to Termination by HET

  • Termination by ▇▇▇▇▇ 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 ▇▇▇▇▇▇ This Agreement may be terminated and the Merger Transactions abandoned at any time before the Acceptance Time by Parent: (a) if the Company breaches any of its representations or warranties, or fails to perform any of its covenants or agreements contained in this Agreement, and which breach or failure (i) would give rise to the failure of a condition set forth in paragraph (d), (e) or (f) of Annex I and (ii) by its nature cannot be cured or has not been cured by the Company by the earlier of (A) the Outside Date and (B) the date that is twenty (20) Business Days after the Company’s receipt of written notice of such breach from Parent, but only so long as neither Parent nor Merger Sub are then in material breach of their respective representations or warranties or materially failing to perform their respective covenants or agreements contained in this Agreement in a manner that would allow the Company to terminate this Agreement under Section 7.4(b); or (b) (i) upon prior written notice to the Company if the Company Board (acting upon the recommendation of the Special Committee), the Special Committee or any other duly authorized committee of disinterested members of the Company Board shall have effected an Adverse Recommendation Change (provided that, any written notice, including pursuant to Section 5.3(d), of the Company’s intention to make an Adverse Recommendation Change in advance of making an Adverse Recommendation Change shall not result in Parent having any termination rights pursuant to this Section 7.3(b)(i) unless such written notice otherwise constitutes an Adverse Recommendation Change); provided, however, that Parent shall not be permitted to terminate this Agreement pursuant to this Section 7.3(b)(i) unless the notice of termination pursuant to this Section 7.3(b)(i) is delivered by Parent to the Company within five (5) Business Days following the occurrence of the event giving rise to Parent’s right to terminate this Agreement pursuant to this Section 7.3(b)(i), (ii) if the Company shall have materially breached any of its obligations under Section 5.3, (iii) if the Company shall have failed, within ten (10) Business Days of a tender or exchange offer that constitutes a Takeover Proposal relating to securities of the Company having been commenced, to publicly recommend against such tender or exchange offer or (iv) if the Company shall have failed to publicly reaffirm its recommendation of the Offer and the Merger within ten (10) Business Days after a request to do so by Parent following the date any Takeover Proposal or any material modification thereto is first commenced, publicly announced, distributed or disseminated to the Company’s stockholders (provided that Parent may only make such request once with respect to each Takeover Proposal and each material modification thereto).

  • Termination by ▇▇▇▇▇▇▇ If Grantee seeks to terminate this Contract, Grantee shall give System Agency no less than sixty (60) calendar days prior written notice and shall submit a transition plan to ensure client services are not disrupted.

  • 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 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: a. do not pay your bill in full by the date on your bill; b. do anything that prevents us from supplying you with Energy or services; c. increase your consumption above 2,500 gigajoules per year; or d. do not give us satisfactory financial or credit information, do not give us a deposit when we request one, or do not meet our credit requirements. We may terminate this Contract, or the applicable portion of this Contract, at our direction and without penalty for any other reason on thirty (30) days notice.