Termination by the Advisor. This Agreement may be terminated immediately by the Advisor in the event of (i) the bankruptcy of the Company or commencement of any bankruptcy or similar insolvency proceedings of the Company, or (ii) any material breach of this Agreement by the Company not cured by the Company within 10 days after written notice thereof.
Termination by the Advisor. This Advisory Agreement may be terminated immediately by the Advisor in the event of any material breach of this Advisory Agreement by the Company or the Operating Partnership not cured within 30 days after written notice thereof.
Termination by the Advisor. This Agreement may be terminated by the Advisor as follows:
(i) The Advisor gives written notice to the Company of termination at least 180 days prior to the expiration of the then current term, in which case no Termination Fee shall be due or payable by the Company.
(ii) Upon a default by the Company in the performance or observance of any material term, condition or covenant under this Agreement; provided, however, that the Advisor must, before terminating this Agreement pursuant to this Section 12(b)(ii), give written notice of the default to the Company and provide the Company with an opportunity to cure the default within 45 days, or if such cure is not reasonably susceptible to cure within 45 days, such additional cure period as is necessary to cure the default so long as the Company is diligently and in good faith pursuing such cure and the additional cure period does not exceed 90 days. If this Agreement is terminated by Advisor as a result of an uncured default by the Company as provided in this Section 12(b)(ii) during the initial 10-year term, the Company shall be obligated to pay the Advisor the greater of the Termination Fee or the Actual Damages (as such terms are defined below). If this Agreement is terminated by Advisor as a result of an uncured default by the Company as provided in this Section 12(b)(ii) during any renewal period following the initial 10-year term, the Company shall be obligated to pay the Advisor the Termination Fee. In either case, the Termination Fee or Actual Damages, as applicable, shall be immediately due and payable on the termination date.
Termination by the Advisor. This Agreement may be terminated by the Advisor upon providing the Company with sixty (60) days written notice of termination to the Company. In addition, this Agreement may be terminated immediately by the Advisor for Good Reason.
Termination by the Advisor. Notwithstanding any other provision of this Agreement to the contrary, and upon sixty (60) days’ prior written notice to the Company, the Advisor may terminated this Agreement, without payment of a Termination Fee.
Termination by the Advisor. The Advisor may terminate this ----------------------------- Agreement without penalty and without the payment of any fee or penalty, immediately after giving written notice, upon the occurrence of any of the following events:
1. Any of the Subadvisor, their respective partners, subsidiaries, affiliates, directors, officers, employees or agents engages in an action or omits to take an action that would cause the Subadvisor to be disqualified in any manner under Section 9(a) of the 1940 Act, if the SEC were not to grant an exemptive order under Section 9(c) thereof or that would constitute grounds for the SEC to deny, revoke or suspend the registration of the Subadvisor as an investment advisor with the SEC; or
2. The Subadvisor breaches the representations contained in Paragraph III.A.4.i. of this Agreement or any other material provision of this Agreement, and any such breach is not cured within a reasonable period of time after notice thereof from the Advisor to the Subadvisor.
Termination by the Advisor. By the Advisor (a) with Good Reason, or (b) without Good Reason, in each case upon thirty (30) days' prior written notice to the Corporation;
Termination by the Advisor. This Sub-Advisory Agreement may be terminated immediately by the Advisor in the event of (i) the bankruptcy of the Sub-Advisor or commencement of any bankruptcy or similar insolvency proceedings of the Sub-Advisor, (ii) any material breach of this Sub-Advisory by the Sub-Advisor not cured by the Sub-Advisor within thirty (30) days after written notice thereof, (iii) the termination or non-renewal of the Advisor by the Company. This Sub-Advisory Agreement may be terminated upon the occurrence and continuance of a Default (as defined in the Alliance Agreement) under the Alliance Agreement; (iv) a change in Control of the Sub-Advisor; or (v) at such point when two (2) of Xxxx Xxxx Xxxxxx, Xxxxx Xxxxxxx or Xxxxx Xxxxxx is no longer employed by, manage, control or otherwise is actively involved in the day-to-day operations of the Sub-Advisor.
Termination by the Advisor. The Advisor may terminate this Agreement without penalty upon thirty days' written notice to the Client.
Termination by the Advisor. The Advisor may terminate this Agreement (A) upon 60 days’ prior written notice to the Company in the event that the Company defaults in the performance or observance of any material term, condition or covenant contained in this Agreement and such default continues for a period of 30 days after written notice thereof specifying such default and requesting that the same be remedied in such 30-day period, or (B) upon 30 days’ prior written notice to the Company, effective immediately concurrently with or within 90 days following a Change in Control of the Company.
