Termination by Operator Clause Samples

Termination by Operator. (a) The Operator may terminate this Agreement upon 20 Business Days' written notice to the Principal if the Principal fails: (i) to make a payment to the Operator in accordance with this Agreement within 20 Business Days of such payment being due, subject to clause 20.7(b); or (ii) to provide the Operator with access to the IT Platform software in accordance with clause 7.11(b) and the Principal has not remedied such breach within 5 Business Days of being given written notice by the Operator to do so. (b) The Operator must not terminate this Agreement where the Principal's failure to make a payment is the subject of an unresolved Dispute under clause 23.

Termination by Operator. Provided Operator is not in default under any term of this Agreement, Operator, at its option, shall have the right to terminate this Agreement at any time during the Term of the Agreement, as to all or any part of the Operator Property. Termination shall be effective thirty (30) days after written notice of such termination to Owner. If Operator’s notice is a full termination of the Operator Property, the Parties shall be relieved of all further duties and obligations under this Agreement, other than (i) the payment of any accrued and unpaid obligations owed by either Party as of the date of termination; (ii) the removal of the Improvements by Operator pursuant to Section 8.11; and (iii) any other obligations and liabilities that are expressly stated in this Agreement to survive such termination. Upon any such partial termination by Operator, the Parties shall be relieved of all further duties and obligations under this Agreement with respect to the portion thereof terminated by Operator, subject to the obligations and liabilities referenced in items (i) through (iii) above that shall continue to be applicable to the terminated portion of this Agreement. The Parties agree to execute an amendment to this Agreement evidencing such partial termination.

Termination by Operator. Operator shall be permitted ----------------------- to terminate this Agreement if any of the following events occur: (i) a payment default by Owner that is not cured within sixty (60) days, provided Owner has received written notice of such default; (ii) a voluntary Winding-Up of Owner commenced by Owner; (iii) an involuntary Winding-Up of Owner instituted against Owner, that is not stayed, dismissed or terminated within ninety (90) days after commencement; (iv) a material default by Owner of any other obligation under this Agreement, provided Owner shall have up to sixty (60) days after receipt of written notice by Operator to cure such other default or make substantial progress (in the reasonable opinion of Operator) towards cure if the default is capable of being cured; (v) at Operator's convenience without cause upon six (6) months' prior written notice; (vi) the Project becomes subject to regulation as a public utility by any Government Agency (other than the Federal Energy Regulatory Commission); or (vii) upon thirty (30) days prior written notice if an event of Force Majeure occurs or changed condition described in Section 5.5 occurs and the Secured Party does not approve an adjustment agreed upon by Owner and Operator. Except as otherwise provided in this Section 6.3, Operator shall provide Owner with written notice of its intent to terminate this Agreement no later than three (3) months prior to the date of termination.

Termination by Operator. This Agreement may be terminated by Operator at any time following the occurrence of any of the following events: (i) a material breach of this Agreement by AirTouch which has not been cured within 90 days after Operator has delivered written notice to AirTouch of such breach; (ii) a Change of Control of Operator's System; (iii) a termination of the Trademark License Agreement; (iv) dissolution, liquidation or winding-up of AirTouch unless an Affiliate of AirTouch or of AirTouch Communications, Inc. (or any successor thereto whether by merger, spin-off or otherwise) assumes AirTouch's obligations hereunder; (v) the entry by a court having jurisdiction of (A) a decree or order for relief in respect of AirTouch in an involuntary case or proceeding under any applicable federal or state bankruptcy, insolvency, reorganization or other similar law or (B) a decree or order adjudicating AirTouch bankrupt or insolvent or approving as properly filed a petition seeking reorganization, arrangement, adjustment or composition of or in respect of AirTouch under any applicable federal or state law, or appointing a custodian, receiver, liquidator, assignee, trustee or other similar official of AirTouch or of any substantial part of its property; (vi) the commencement by AirTouch of a voluntary case or proceeding under any applicable federal or state bankruptcy, insolvency, reorganization or other similar law or of any case or proceeding to be adjudicated a bankrupt or insolvent, or the consent by it to the entry of a decree or order for relief in respect of AirTouch in any involuntary case or proceeding under applicable federal or state bankruptcy, insolvency, reorganization or other similar law or to the commencement of any bankruptcy or insolvency case or proceeding against it, or the filing by it of a petition or answer or consent seeking reorganization or relief under any applicable federal or state law or the consent by it to the filing of such petition or to the appointment of or taking possession by a custodian, receiver, liquidator, assignee, trustee or other similar official of AirTouch or any substantial part of its property, or the making by it of an assignment for the benefit of creditors; or (vii) the suspension, revocation, or surrender of the FCC License for any Service Area adjacent to Ohio RSA #2 which are currently held by AirTouch (unless such suspended, revoked or surrendered FCC License is properly thereafter awarded to AirTouch or a Permitted Assignee...

Termination by Operator. Subject to the terms of any Project Agreements, Operator may terminate this Agreement for cause upon 15 days prior written notice to Owner in the event of: (i) Owner's Bankruptcy; or (ii) Owner's failure to perform in a timely manner any of its material obligations under this Agreement and such failure is not cured within 30 days of Owner's receipt of a notice from Operator demanding cure (or, if not curable within 30 days, within such period of time as is reasonably necessary, but in no event more than 90 days, provided that Owner diligently commences and continues to pursue such cure).

Termination by Operator. OPERATOR shall have the right, at any time, to terminate without cause this Agreement and all rights and obligations hereunder upon thirty (30) day prior written notice. GRANTEE shall not seek nor be entitled to restitution for damages, if any, created by such a termination.

Termination by Operator. 21 Section 6.4 Facility Condition at End of Term; Transmission Line. 21

Termination by Operator. This Agreement may be terminated by Operator effective immediately upon notice to ECRC if Operator has ceased to require an arrangement for the Member Oil Handling Facilities within ECRC's GAR.

Termination by Operator. Operator may terminate this Agreement prior to the expiration of its Term in any of the following circumstances: 8.3.1 Upon the Bankruptcy, insolvency or dissolution of Owner; 8.3.2 Upon written notice to Owner if there is a failure by Owner to pay when due any amounts owed to Operator. 8.3.3 Upon 30 (thirty) days written notice to Owner if there is a failure or a delay by Owner to completely perform any or all of its obligations under Section 3.1 and such failure(s) or delay(s) render it impossible or highly impractical for Owner to perform its Operation and Maintenance Agreement - Ormesa Plants obligations hereunder for 180 (one hundred eighty) days in the aggregate, unless Owner has cured such breach during the notice period. 8.3.4 Upon written notice to Owner, as provided in Section 4.1.1 hereof.