Termination by Owner with Cause Sample Clauses

Termination by Owner with Cause. Owner shall have the power to terminate this Agreement upon five (5) days’ written notice to Co-Manager if any of the following shall occur: (i) Co-Manager fails to timely pay any sum owed or due to Owner and such sum remains unpaid for more than ten (10) days after written notice from Owner; (ii) Co-Manager commits any fraud, makes any material misrepresentation or misappropriates funds in the performance of its obligations under this Agreement; (iii) Co-Manager files, or there shall be filed against Co-Manager, a petition in bankruptcy; (iv) Co-Manager makes an assignment for the benefit of creditors; (v) Substantially all of the Premises are damaged or destroyed, and Owner decides not to rebuild or restore the Premises; (vi) A substantial portion of the Premises is taken by condemnation or similar proceedings and Owner decides not to continue to operate the Premises; and (vii) Co-Manager shall be in material breach of any other non-monetary obligations contained in this Agreement, and such material breach shall continue for thirty (30) days after written notice thereof from Owner to Co-Manager specifying the particulars of such breach (plus, with respect to breaches which Co-Manager commences diligent efforts to cure within such period, but which cannot reasonably be cured within thirty (30) days, such additional period as is reasonably necessary to cure such breach).
Sample 1Sample 2Sample 3See All (5)
AutoNDA by SimpleDocs
Termination by Owner with Cause. Owner shall have the right to terminate this Agreement for Cause (defined below) by giving five (5) days written notice to Developer of such termination at any time, without prejudice to its other rights or remedies under this Agreement, at law or in equity, and take possession of all work performed hereunder by Developer and perform the Services by whatever method Owner may deem expedient effective upon such termination.
Sample 1Sample 2Sample 3
Termination by Owner with Cause. (a) Owner shall have the right to terminate this Agreement for CausJ (defined below) by giving five (5) days written notice to Developer of such termination at any time, without prejudice to its other rights or remedies under this Agreement, at law or in ectuity, and take possession of all work performed hereunder by Developer and perform the Services by whatever method Owner may deem expedient effective upon such termination. (b) tfor purposes of this Agreement, the term "Cause" shall �ean the occurrence of any one or more of the following: i. conviction by any principal of Developer of, or plea by any principal of Developer of guilty or nolo contendere to, a felony or any crime of moral tl!lrpitude; ii Developer's or any of its Affiliates' commission of an act, or omission to act, that constitutes fraud or embezzlement against Owner; or iii a material breach by Developer of this Agreement or any other agreement, a breach of which has a material adverse effect on the Project, which Dev6loper has not cured within thirty (30) days following Developer's receipt of written notice from Owner stating the particular action(s) or inaction(s) that constitute such breach. (c) In the event this Agreement is terminated for Cause pursuant 1lo Section 5(a), Owner shall be required to pay Developer (i) any unpaid p01iion of the Developer tfee and
Sample 1
Termination by Owner with Cause. If Operator fails to perform its ------------------------------- obligations in accordance with the terms of this Agreement, and if such failure continues unremedied for more than fifteen (15) Days following written notice from Owner to Operator specifying the nature of such failure and such failure is not for Excusable Cause, Owner shall have the right to terminate this Agreement; provided, however, that if the default is incapable of being cured within such period of time and the Operator has commenced taking appropriate steps to cure the default, the cure period shall be extended so long as the Operator is expeditiously and diligently attempting to complete such cure and the Operator is given reasonable assurance that such efforts will be successful.
Sample 1
Termination by Owner with Cause. Owner shall have the power terminate this Agreement upon five (5) days' written notice to Manager, if any of the following shall occur: (i) Manager fails to timely pay any, sum owed or due to Owner and such sum remains unpaid for more than ten (10) days after written notice from Owner; (ii) Manager commits any fraud or breach of trust, or, makes any material misrepresentation or misappropriates funds in the performance of its obligations under this Agreement; (iii) Manager files, or there shall be filed against Manager, a petition in bankruptcy; (iv) Manager makes an assignment for the benefit of creditors; (v) Substantially all of the Premises are damaged or destroyed and Owner decides not to rebuild or restore the Premises; (vi) A substantial portion of the Premises is taken by condemnation or similar proceedings and Owner decides not to continue to operate the Premises; and
Sample 1
Termination by Owner with Cause. If Seller is the breaching party under Section 16.1(d) and if Owner elects to terminate this Agreement, Owner may either complete the remaining Wind Turbine Work (himself or by any other contractor), or reject the Wind Turbine Work. (a) In the event that Owner elects to complete the Wind Turbine Work, the Owner shall not be liable to make any further payments (other than any payment for which an invoice was already submitted to Owner) to Seller until the remaining Wind Turbine Work has been completed and all costs ascertained, then Seller shall: (i) cease all further work, except for such work as the Owner may specify in the notice of termination for the sole purpose of securing, preserving and protecting that part of the Wind Turbine Work already executed and any work required to leave the Site and the equipment in a clean and safe condition; (ii) terminate all subcontracts, except those to be assigned or novated to the Owner pursuant to this Agreement; (iii) permit the Owner to use the Seller's equipment on the Site as at the date of termination, for the purposes of completing the remaining Wind Turbine Work; (iv) deliver possession to the Owner of those parts of the Wind Turbine Work executed by the Seller up to the date of termination of this Agreement; and (v) deliver to the Owner all drawings, specifications and other documents prepared by the Seller or its subcontractors as at the date of termination, in connection with the Wind Turbine Work, other than to the extent that it is not required for the completion of the Wind Turbine Work or is proprietary. Owner shall be entitled to recover from Seller all reasonable costs and expenses incurred in completing the remaining Wind Turbine Work (the "Completion Cost"). After completion of all remaining Wind Turbine Work, the Completion Cost shall be compared with the Contract Price minus the payments made to Seller to the date of termination. If the Completion Cost is in excess, Seller shall pay to Owner such excess within fourteen (14) days after Owner's demand. If the Completion Cost is less, Owner shall pay to Seller the balance (Contract Price minus Completion Cost minus the payments made to seller as of the date of termination) within fourteen (14) days after completion of the remaining Wind Turbine Work. (b) In the event that Owner rejects the Wind Turbine Work, Seller shall (i) discontinue the Wind Turbine Work, (ii) remove all Seller's equipment and personnel from the Site, and (iii) return to Owner ...
Sample 1
Termination by Owner with Cause. (a) Subject to subsection 8.4, Owner may terminate this Agreement after 5 days' prior written notice to Contractor, if Contractor: (i) refuses or fails to supply enough properly skilled workers or proper materials; (ii) fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between Contractor and the Subcontractors except during any good faith dispute relating to such agreements or as a result of any failure by Owner to make any payment to Contractor under this Agreement; (iii) fails to comply with any Applicable Laws, which failure shall have a material adverse effect on Owner's or Contractor's performance under this Agreement; (iv) makes a general assignment for the benefit of its creditors, is unable to pay its debts as they become due, or becomes the subject of any voluntary or involuntary bankruptcy, insolvency, arrangement, reorganization or other debtor relief proceeding under any law, state or federal, now or hereafter in existence which remains unstayed 60 days after filing; (v) fails to cause the Final Completion Date to occur by the date 90 days following the Projected Final Completion Date; (vi) otherwise is in default of any material provision of the Contract Documents or otherwise fails to perform any of its material obligations under the Contract Documents. (b) If Owner terminates this Agreement pursuant to paragraph (a) of this subsection 16.1, Contractor shall not be entitled to receive further payments on the Contract Sum unless Contractor is entitled to payment under paragraph (c) of this subsection 16.1. (c) If Owner terminates this Agreement pursuant to this paragraph and the Contract Sum: (i) exceeds the sum of (x) the cost incurred by Owner to complete the entire Project and Work, (y) all other reasonable costs, expenses and damages suffered by Owner as a result of the default or breach by Contractor or other reason supporting Owner's termination pursuant to paragraph (a) of this Section, and (z) all amounts paid by Owner to Contractor under the Contract Documents, then Contractor shall be paid the amount of such excess; or (ii) is less than the total of the costs and amounts described in clauses (x), (y) and (z) under subparagraph (i) preceding, then Contractor shall pay to Owner the amount by which such costs and amounts exceed the Contract Sum.
Sample 1
AutoNDA by SimpleDocs

Related to Termination by Owner with Cause

  • Termination by Owner for Cause This Agreement may be terminated by Owner (or the Property Manager may be required by Owner to change its personnel assigned as Property Manager for the Property) at any time during the term hereof upon written notice to Property Manager effective immediately for any of the following causes: (a) If Property Manager shall suspend or discontinue business; (b) If a court shall enter a decree or order for relief in respect of Property Manager in an involuntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal, state or foreign bankruptcy, insolvency or other similar law, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of Property Manager or for any substantial part of its property, or for the winding‑up, dissolution or liquidation of its affairs, and such decree or order shall continue unstayed and in effect for a period of sixty (60) consecutive days or if Property Manager shall consent to any of the foregoing; (c) If Property Manager shall commence a voluntary case or action under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy insolvency or other similar law, or consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or other similar official) of Property Manager or for any substantial part of its property, or make any assignment for the benefit of creditors, or admit in writing that it is unable, or fail generally to pay its debts as such debts become due, or take action in furtherance of any of the foregoing; (d) If Property Manager is grossly negligent or engages in willful misconduct with respect to its duties or obligations to Owner under this Agreement; or (e) If Property Manager commits any other material default in the performance of any of its obligations under this Agreement, unless such default is cured with thirty (30) days after written notice of such default is given to Property Manager, or, if not curable within thirty (30) days, commenced within such thirty (30) days and diligently prosecuted to completion.

  • Termination by Owner The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to: 1) Perform the services within the time specified in this contract or by Owner approved extension; 2) Make adequate progress so as to endanger satisfactory performance of the Project; 3) Fulfill the obligations of the Agreement that are essential to the completion of the Project. Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner.

  • 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.

  • Termination With Cause The Master Servicer may, at its sole option, terminate any rights the Primary Servicer may have hereunder with respect to any or all of the Mortgage Loans, as provided in Section 4.01 of this Agreement upon the occurrence of a Primary Servicer Termination Event. Any notice of termination shall be in writing and delivered to the Primary Servicer as provided in Section 6.05 of this Agreement.

  • 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 City City reserves the right to terminate this Agreement at any time, with or without cause, upon written notice to Consultant. Upon receipt of any notice of termination from City, Consultant shall immediately cease all services hereunder except such as may be specifically approved in writing by City. Consultant shall be entitled to compensation for all services rendered prior to receipt of City's notice of termination and for any services authorized in writing by City thereafter. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may take over the work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder, including costs incurred by City in retaining a replacement consultant and similar expenses, exceeds the Budget.

  • Termination by the Owner for Cause § 16.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials;

  • Termination by Us We may terminate this Contract with 30 days’ written notice as follows: 1. For Non-payment of Premiums. Premiums are to be paid by the Subscriber to Us on each Premium due date. While each Premium is due by the due date, there is a grace period for each Premium payment. If the Premium payment is not received by the end of the grace period, coverage will terminate as follows: • If the Subscriber fails to pay the required Premium within a 30-day grace period, this Contract will terminate retroactively back to the last day Premiums were paid. The Subscriber will be responsible for paying any claims submitted during the grace period if this Contract terminates. 2. Fraud or Intentional Misrepresentation of Material Fact. If the Subscriber has performed an act that constitutes fraud or made an intentional misrepresentation of material fact in writing on his or her enrollment application, or in order to obtain coverage for a service, this Contract will terminate immediately upon a written notice to the Subscriber from Us. If termination is a result of the Subscriber’s action, coverage will terminate for the Subscriber and any Dependents. If termination is a result of the Dependent’s action, coverage will terminate for the Dependent. 3. If the Subscriber no longer lives, or resides in Our Service Area.

  • Termination by Employer Without Cause Employer may immediately terminate Employee’s employment without Cause. If, during the Term of this Agreement, Employee’s employment is terminated by Employer without Cause (other than due to death or Disability), including if Employer declines to renew the Term of the Agreement, then Employee shall be entitled to receive the Accrued Compensation. In addition, subject to Employee’s continuing compliance with the covenants contained in Paragraphs 7 and 8 of this Agreement and any other similar applicable restrictive covenants with Employer or an affiliate, and the execution by Employee of a binding general waiver and release of claims in a form acceptable to Employer (the “Release”) within the time period specified by Employer at the time of the Termination Date (which shall be no longer than 50 days after the Termination Date) and the expiration of any applicable revocation period with respect to the Release, if Employee’s employment terminates pursuant to this Paragraph 10.A(ii), then Employee shall be entitled to receive: a. Payment of the Bonus, if any, that was earned by Employee in any fiscal year ending prior to the Termination Date but remains unpaid as of the Termination Date, payable in a lump sum within seventy (70) days after the Termination Date. b. A pro-rated Bonus, if any, upon the satisfaction of any pre-established performance objectives at the end of the applicable bonus performance period; such payable pro-rata portion of the Bonus shall be determined by multiplying the Bonus amount by a fraction equal to the number of days of Employee’s employment during such applicable performance period divided by the total number of days in the applicable performance period. Payment of any pro-rated Bonus under this paragraph shall be made in the calendar year following the year in which the services were performed, when bonuses are generally paid to similarly situated employees. c. An amount equal to (y) thirty (30) months of the Employee’s then-current Annual Salary; plus (z) two and one-half (2.5) times the average of the Bonus payments for the immediately three (3) previous fiscal years from the Termination Date. This amount will be payable in thirty (30) substantially equal monthly installments commencing with the first regular payroll period following the expiration of any applicable revocation period with respect to the Release, and in any event, if at all, within seventy (70) days after the Termination Date. d. Provided that Employee elects, and to the extent that he is and remains eligible for, continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) and Employer’s group health plan, payment of that part of the COBRA premiums for such continued coverage of Employee (and, if applicable as of the Termination Date, his dependents) that exceeds the amount that Employee would pay for such coverage if he were an active employee of Employer (“COBRA Subsidies”), starting on the first day following the date on which Employee’s coverage under that plan as an active employee of Employer ends, and ending on the earlier of (A) the date that twelve (12) months of such COBRA Subsidies have been paid, or (B) the date on which Employee’s right to continuation coverage under COBRA ends. Employee agrees and acknowledges that for so long as Employee is covered by COBRA and receiving severance payments under Paragraph 10(A)(ii)(c), the amount that Employee would pay for coverage under Employer’s group health plan if he were an active employee of Employer shall be deducted from such severance payments, and that this coverage under Employer’s group health plan shall run concurrently with such plan’s obligation to provide continuation coverage pursuant to COBRA. Employee further agrees and understands that this paragraph shall not limit such plan’s obligation to provide continuation coverage under COBRA.

  • Termination by Manager Manager shall have the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to Owner. Manager shall also have the right to terminate this Agreement upon thirty (30) days written notice to Owner for non-payment of fees and expenses due Manager under the terms of this Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!