Termination by Lessee. Subject to Subparagraph 18D, and without limiting any other rights and remedies to which Lessee may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by Lessee at any time after the happening, and during the existence, of one of more of the following events:
i. The City’s permanent abandonment of the Premises at the Airport;
ii. The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control, or use of the Airport, or any substantial part or parts thereof, that substantially restricts any sublessee from operating for at least one hundred fifty (150) calendar days;
iii. The issuance by any court of competent jurisdiction of an injunction that prevents or restrains the use of the Airport or the Premises, that continues for at least one hundred fifty (150) calendar days;
iv. The default by the City in the performance of any covenant or obligation on the part of the City to be performed, and the failure of the City to remedy the default for sixty (60) calendar days after receipt from Lessee of written notice to remedy the same; or
v. Lessee’s decision to terminate the Lease as provided in Paragraph 11(B) of the Lease.
Termination by Lessee. Should Lessee complete the mining of all Economically Mineable and Merchantable Coal required hereby to be mined by Lessee, and if Lessee is not in default of any of the covenants, terms, and conditions of this Lease, thereafter Lessee shall have the right to terminate this Lease upon thirty (30) days’ written notice to COLT. Should the Parties not agree that all Economically Mineable and Merchantable Coal has been mined according to Best Mining Practice, the Parties shall resolve the matter by the Dispute Resolution Provisions of section 34 F.
Termination by Lessee. Lessee may terminate this Agreement at any time by giving written thirty (30) days advance notice to Owner. If Lessee terminates this Agreement, Lessee shall perform all obligations and pay all payments which accrue or become due before the termination date. On Lessee’s termination of this Agreement, within ten (10) days Lessee shall execute and deliver to Owner a release and termination of this Agreement in form acceptable for recording.
Termination by Lessee. Lessee may terminate this Agreement and terminate its obligation hereunder at any time that Lessee is not in default in the payment of rentals to Lessor hereunder by giving Lessor sixty (60) days advance written notice to be served as hereinafter provided, and by surrender of the Leased Premises, upon or after the happening of any one of the following events:
1. The issuance by any court of competent jurisdiction of an injunction in a way preventing or restraining the use of the Airport, and the remaining in force of such injunction for a period of at least ninety (90) days; provided, however, that such injunction is not due to Lessee’s operations at the Airport.
2. The default by Lessor in the performance of any covenant or agreement herein required to be performed by Lessor, provided that Lessor shall have a period of sixty (60) days from the date of Lessee’s notice of termination as provided above to cure said default. In the event that Lessor shall have remedied the default with such sixty (60) day period, Lessee’s right to terminate hereunder shall be voided.
3. The assumption by the United States Government or any authorized agency thereof of the operation, control, or use of the Airport and facilities, or any substantial part or parts therein in a manner as substantially to restrict Lessee for a period of at least ninety (90) days from full use of its Leased Premises, and in that event, a just and proportionate part of the rent hereunder shall be abated.
Termination by Lessee. 20.1 In addition to any other right of cancellation herein given to Lessee, or any other right to which it may be entitled by law, equity or otherwise, as long as Lessee is not in default in payment to City of any amounts due City under this agreement. Lessee may cancel this agreement and thereby terminate all of its rights and unaccrued obligation to the City hereunder; by giving City at one hundred eighty days (180) advance written notice.
20.2 Before the end of the term hereof, Lessee may terminate this lease and any or all of its obligations hereunder at any time that the Lessee is not in default in the payment of any amount due the Lessor by giving Lessor sixty (60) days written notice upon or after the happening of any one of the following events:
(a) The assumption by the United States Government, or any agency or instrumentality thereof, of the operation, control or use of Arlington Municipal Airport for National Defense in such a manner as to preclude Lessee for a period of ninety (90) days or more, from using such airport in the conduct of its business. Lessor shall not be liable to Lessee if the latter is so dispossessed, but for any time that such takes place, the rental required of Lessees shall be abated, and that period of time shall be added as an extension of the term of the lease. The foregoing provision is not intended to waive any rights or privileges which either Lessor or Lessee may possess as to compensation of any kind from the United States Government, or any agency or instrumentality thereof, for such an assumption of use or control of Arlington Municipal Airport as is described in this Article.
(b) A material default on the part of the Lessor to meet and observe any of the covenants herein contained, if such default has continued for a period of sixty (60) days or more after written notice to Lessor by Lessee, unless Lessor has begun, and is continuing in good faith, to remedy the default in such interval.
Termination by Lessee. Lessee shall have the right, at its option, to terminate this Lease Agreement, with or without cause, at any time after the Primary Term hereof by giving at least six (6) months prior written notice to Lessor. Lessee does not have the right to terminate this Lease Agreement during the Primary Term. Upon any termination by Lessee, except for the rights set forth in Sections 14 and 15, all rights and obligations of the parties hereunder shall cease, except for rights or obligations which accrued prior to the effective date of such termination.
Termination by Lessee. 9.1 Lessee shall have the continuing right to terminate this Mining Lease at any time and to surrender the Leased Premises to Lessor by giving Lessor written notice thereof at least 30 days prior to the stated date of termination.
9.2 In the event of termination, all sums theretofore paid Lessor by Lessee shall, except in the case of manifest error, be retained by Lessor, and all obligations of Lessee to make payments (expect those accruing prior to the date to termination) and perform any other obligation set forth in this Mining Lease shall terminate.
9.3 In the event of termination, Lessee, upon request by Lessor, shall make, execute, acknowledge and deliver to Lessor a written relinquishment of this Mining Lease in recordable form.
Termination by Lessee. Lessee may at any time terminate this Agreement by giving 30 days advance written notice to Landowner. If Lessee terminates this Agreement, Lessee shall perform all obligations and pay all Rental Payments and Royalty payments which accrue or become due before the termination date. During the term of this Agreement, Lessee may at any time surrender parts of the Property. If Lessee intends to surrender any portion of the Property, it shall notify Landowner. Within 10 business days after Lessee's delivery of its notice, Lessee shall execute and deliver to Landowner an instrument of surrender of Lessee's right, title and interest in and to the portion of the Property to be surrendered in form acceptable to Landowner and authorized for recording under Oregon law. Lessee's surrender of any portion of the Property shall not discharge or release Lessee from any liability or obligation arising from or relating to Lessee's lease of the surrendered portion of the Property or Lessee's activities on, in or under the surrendered portion of the Property.
Termination by Lessee. Lessee shall have the right, at any time, to terminate this Lease by giving 180 days' written notice to Lessor, either in person or by mail addressed to Lessor at the address given in this Lease, and on payment of the rent, royalty and other sums as may be due, this Lease shall be deemed terminated. When this Lease terminates, regardless of the cause, Lessee shall quietly and peacefully surrender possession of the Premises to Lessor or Lessor's agents, and Lessee shall enter, or cause to be entered, a certificate of the termination of this Lease in the proper books of record in Carbon County, Utah, and record them, as may be necessary to clear the record title and divest Lessee of all rights and title given or acquired under this Lease.
Termination by Lessee. The Lesseemay terminate this Lease upon giving the Lessorsixty (60) days written notice. The pro-rated unused portion of the Rent prepaid to the Lessor will be refunded to the Lessee following a deduction equal to a service charge of 10% of the Rent.
