Termination by the Concessionaire Sample Clauses

Termination by the Concessionaire. Notwithstanding any other provisions of this Agreement, the CONCESSIONAIRE shall have the right to terminate this Agreement at any time, either in its entirety or as to any part of the Concession Area, one hundred eighty (180) days after giving Notice to the GOVERNMENT or, if the GOVERNMENT shall have failed in a serious and prolonged manner to comply with its material obligations under this Agreement, sixty (60) days after giving Notice to the GOVERNMENT. The CONCESSIONAIRE may also terminate this Agreement pursuant to Article XXXIII.
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Termination by the Concessionaire. The Concessionaire shall have the right to terminate this Agreement upon the occurrence of any of the following events (“State Termination Event”): 25.6.1 If either the State or the CTA commits a material breach in complying with their obligations under this Agreement (other than a breach of Section 2.1), or a Material Adverse Government Action has been certified by the Disputes Board , following which the performance of all or substantially all of the Concessionaire's obligations under this Agreement is rendered impossible for a period of 180 consecutive days, or the Disputes Board, in the certificate issued by it in accordance with the provisions of Section 24.4.1, determines that a Material Adverse Government Action renders the performance of all or substantially of the Concessionaire’s obligations under this Agreement immediately impossible. For the avoidance of doubt, should either the State or the CTA commit a material breach of this Agreement, or should a Material Adverse Government Action occur, following which the performance of the Concessionaire's obligations under this Agreement is delayed by a period which does not exceed the period specified in this Section 25.6.1, the Concessionaire shall not be entitled to terminate this Agreement. 25.6.2 The State revokes the right granted to the Concessionaire to Utilize the Site, or grants any rights or interests in the Site in a manner which results in the material impairment of the Concessionaire's right to Utilize the Site. 25.6.3 Failure by the CTA to approve the substitution of the Concessionaire by any Substituting Entity which meets the requirements of Section 31.1.3, as determined by the Disputes Board, within 30 days following such determination of the Disputes Board.
Sample 1
Termination by the Concessionaire. The Concessionaire shall have the right to terminate this Agreement upon the occurrence of any of the following events (“State Termination Event”): 25.6.1 If either the State or the CTA commits a material breach in complying with their obligations under this Agreement (other than a breach of Section 2.1), or a Material Adverse Government Action has been certified by the Disputes Board , following which the performance of all or substantially all of the Concessionaire's obligations under this Agreement is rendered impossible for a period of 180 consecutive days, or the Disputes Board, in the certificate issued by it in accordance with the provisions of Section 24.4.1, determines that a Material Adverse Government Action renders the performance of all or substantially of the Concessionaire’s obligations under this Agreement immediately impossible. For the avoidance of doubt, should either the State or the CTA commit a material breach of this Agreement, or should a Material Adverse Government Action occur, following which the performance of the Concessionaire's obligations under this Agreement is delayed by a period which does not exceed the period specified in this Section 25.6.1, the Concessionaire shall not be entitled to terminate this Agreement.
Sample 1
Termination by the Concessionaire. The Concessionaire shall have the right to terminate this Concession Agreement based on: (a) a Contracting Authority Event of Default (which has not been cured during the Cure Period), as provided under Clause 38.2 (Contracting Authority Events of Default); or (b) a Force Majeure Event as provided under Clause 34.3 (Termination for Prolonged Force Majeure); or (c) a Material Adverse Government Action as provided under Clause 35.3 (Termination for a Material Adverse Government Action).
Sample 1
Termination by the Concessionaire. 36.2.1. This Concession Agreement may, subject to Clause 36.4, be terminated by the Concessionaire in accordance with Clause 36.2.2 upon the occurrence of any of the following events: (a) Amended to (SAA): any breach by the Grantor of any of its material obligations under this Concession Agreement which has a material adverse effect upon the Concessionaire's rights under this Concession Agreement and/or the Business Plans or upon its ability to perform its obligations under this Concession Agreement and/or the Business Plan. (b) Deleted (SAA) (c) Amended to (SAA): the Grantor failing to pay any sum due to the Concessionaire hereunder (which sum is not in dispute) and such failure continues for 90 days after the Grantor has been notified in writing by the Concessionaire that such sum has not been paid; or (d) a breach of Clause 14.3 by the Grantor; or (e) Amended to (SAA): the Grantor expropriates or otherwise seizes the System or such part of the System, which lack would deprive the Concessionaire of its ability to perform under this Concession Agreement and/or the Business Plan or expropriates the Private Assets or a material part of the Private Assets otherwise than pursuant to this Concession Agreement.
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Termination by the Concessionaire. 20.1 Termination of the Concession Agreement by the Concessionaire 20.1.1 The State has failed to make payments due within seventy five (75) days of receipt of written notice from the Concessionaire that such payment is overdue and such sums are not the subject matter of a dispute in accordance with the provisions of this Concession Agreement, provided that such notice shall not be issued by the Concessionaire unless the sums overdue exceed eighty million NIS (NIS 80,000,000) (not including VAT, interest and linkage differentials); 20.1.2 A Discriminatory Action occurred and the provisions of Section 17.3 (Discriminatory Action; Termination) above, were met, subject to the fulfillment of all of the terms and conditions therein; or 20.1.3 A Delay for purposes of Section 7.7.1d) (Mutual Right to Terminate) above has occurred and the conditions specified therein were met.
Sample 1
Termination by the Concessionaire. Subject to this Clause 5, the Concessionaire may terminate the Concession by notice in writing (a Termination Notice) if the Kingdom or the Commission commits an Event of Default.
Sample 1
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Related to Termination by the Concessionaire

  • TERMINATION BY THE CONTRACTOR If the Work is stopped for a period of thirty days under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing any of the Work under a contract with the Contractor, or if the Work should be stopped for a period of thirty days by the Contractor because the Architect has not issued a Certificate for Payment as provided in Paragraph 9.7 of these General Conditions or because the State has not made payment thereon as provided in Paragraph 9.7, then the Contractor may, upon seven additional days written notice to the State and the Architect, terminate the Contract and recover from the State payment for all Work executed and for any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery, including reasonable profit and damages.

  • Termination by the Company This Agreement may be terminated and the Merger Transactions abandoned at any time before the Acceptance Time by the Company: (a) in order to enter into an Acquisition Agreement pursuant to and in accordance with Section 5.3(c), so long as concurrently with such termination the Company pays the Expense Reimbursement under Section 7.6(b)(i); (b) if Parent or Merger Sub breaches any of their respective representations or warranties, or fails to perform any of their respective covenants or agreements contained in this Agreement, and which breach or failure (i) would, individually or when aggregated with any such other breaches of failures, result in a Parent Material Adverse Effect and (ii) by its nature cannot be cured or has not been cured by Parent or Merger Sub, as applicable, by the earlier of (A) the Outside Date and (B) the date that is twenty (20) Business Days after Xxxxxx’s receipt of written notice of such breach from the Company, but only so long as the Company is not then in material breach of its representations or warranties or materially failing to perform its covenants or agreements contained in this Agreement in a manner that would allow Parent to terminate this Agreement under Section 7.3(b); or (c) upon prior written notice to Parent, if Xxxxxx Sub fails to commence the Offer in accordance with the terms of this Agreement hereof on or prior to the fifteenth (15th) Business Day following the date hereof or if Merger Sub fails to consummate the Offer when required to do so in accordance with the terms of this Agreement; provided, however, that the right to terminate this Agreement pursuant to this Section 7.4(c) shall not be available to the Company if the Company is in breach of any representation, warranty, covenant or agreement set forth in this Agreement that has been the proximate cause of, or resulted in, Merger Sub’s failure to commence or consummate the Offer in accordance with the terms of this Agreement.

  • Termination by the University i) The university may terminate this agreement under the following circumstances:

  • TERMINATION BY THE OWNER The Owner may terminate this Contract in accordance with the following terms and conditions: (A) The Owner may, for any reason whatsoever, terminate performance under this Contract by the Contractor for convenience. The Owner shall give written notice of such termination to the Contractor specifying when termination becomes effective. The Contractor shall incur no further obligations in connection with the work and the Contractor shall stop work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The Owner may direct the Contractor to assign the Contractor's right, title and interest under termination orders or subcontracts to the Owner or its designee. The Contractor shall transfer title and deliver to the Owner such completed or partially completed work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has. When terminated for convenience, the Contractor shall be compensated as follows: (1) The Contractor shall submit a termination claim to the Owner specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the Owner. If the Contractor fails to file a termination claim within one (1) year from the effective date of termination, the Owner shall pay the Contractor, an amount derived in accordance with Subparagraph (3) below; (2) The Owner and the Contractor may agree to the compensation, if any, due to the Contractor hereunder; (3) Absent agreement to the amount due to the Contractor, the Owner shall pay the Contractor the following amounts: (a) Contract prices for labor, materials, equipment and other services accepted under this Contract; (b) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for direct jobsite overhead and profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (c) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subparagraph 19(A) of this Paragraph. These costs shall not include amounts paid in accordance with other provisions hereof. The total sum to be paid the Contractor under this Subparagraph 19(A) shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. (B) If the Contractor does not perform the work, or any part thereof, in a timely manner, supply adequate labor, supervisory personnel or proper equipment or materials, or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to disobey applicable law, or otherwise commits a violation of a material provision of this Contract, then the Owner, in addition to any other rights it may have against the Contractor or others, may terminate the performance of the Contractor and assume possession of the Project site and of all materials and equipment at the site and may complete the work. In such case, the Contractor shall not be paid further until the work is complete. After final completion has been achieved, if any portion of the Contract Price, as it may be modified hereunder, remains after the cost to the Owner of completing the work, including all costs and expenses of every nature incurred, has been deducted by the Owner, such remainder shall belong to the Contractor. Otherwise, the Contractor shall pay and make whole the Owner for such cost. This obligation for payment shall survive the termination of the Contract. In the event the employment of the Contractor is terminated by the Owner for cause pursuant to this Subparagraph 19(B) and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Subparagraph 19(A) and the provisions of Subparagraph 19(A) shall apply.

  • TERMINATION BY THE PARTIES This Agreement may be terminated upon sixty (60) days’ written notice (a) by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control. The provisions of Sections 19 through 31 of this Agreement shall survive termination of this Agreement.

  • Termination by the HSP (a) The HSP may terminate this Agreement at any time, for any reason, upon giving 6 months’ Notice (or such shorter period as may be agreed by the HSP and the Funder) to the Funder provided that the Notice is accompanied by: satisfactory evidence that the HSP has taken all necessary actions to authorize the termination of this Agreement; and a Transition Plan, acceptable to the Funder, that indicates how the needs of the HSP’s clients will be met following the termination and how the transition of the clients to new service providers will be effected within the six-month Notice period. (b) In the event that the HSP fails to provide an acceptable Transition Plan, the Funder may reduce Funding payable to the HSP prior to termination of this Agreement to compensate the Funder for transition costs.

  • Termination by the State The State or commissioner of Administration may cancel this Professional and Technical Services Master Contract and any Work Authorizations at any time, with or without cause, upon 30 days’ written notice to the Contractor. Upon termination, the Contractor will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed.

  • Cooperation by the Company If any Shareholder shall transfer any Registrable Securities pursuant to Rule 144, the Company shall cooperate, to the extent commercially reasonable, with such Shareholder and shall provide to such Shareholder such information as such Shareholder shall reasonably request.

  • Termination by the Manager This Agreement may be terminated by the Manager if: (a) the Resident fails to check into their assigned Room within five (5) days of the first day of the Semester; (b) the Resident abandons their Room as detailed in section 8.03 of this Agreement; (c) the Resident decides not to accept the Room they were assigned, or any alternate rooms offered to them during the course of this Agreement; or (d) the Resident violates any of the terms of this Agreement, including violations of the Residence Community Living Standards or Institution Standards. Written Notice of Termination of Residency will be delivered to the Resident, and if necessary, the Manager may notify the Primary or Secondary Contact by phone or e-mail of the termination of the Resident’s residency. If the Resident is unavailable to receive service of the notice in person, then delivery of the notice to the Resident’s Room shall be deemed proper service and delivery. The Resident will be allowed 24 hours from the date and time of delivery of the Notice of Termination of Residency to fully vacate and remove all personal belongings from the Residence.

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