Termination by the Operator. The notice given by an employee shall be the same as that required of the employer except that there shall be no additional notice based on the age of the employee concerned.
Termination by the Operator. Without limiting any rights of termination contained elsewhere in this Agreement or otherwise existing at Law, the Operator may, by notice in writing to Aurizon Network and the End User, immediately terminate this Agreement upon the occurrence of any one or more of the following events or circumstances:
(a) an Insolvency Event in relation to Aurizon Network occurs and such default continues for a period of sixty (60) days;
(b) Aurizon Network’s Accreditation is cancelled such that it cannot perform its obligations generally under this Agreement, and such default continues for thirty (30) days after notice from the Operator to Aurizon Network and the End User of the default;
(c) Aurizon Network fails to pay when due any amount said to be payable under this Agreement, other than due to a bona fide dispute regarding whether the amount is payable for which a Dispute Notice has been given in accordance with clause 18.1 and which has not been resolved in favour of the amount being required to be paid, and such default continues for thirty (30) days after notice from the Operator to Aurizon Network and the End User of the default;
(d) Aurizon Network is in default of the due performance of any other obligation under this Agreement and such default continues for sixty (60) days after notice from the Operator to Aurizon Network and the End User of the default.
Termination by the Operator. Without limiting any rights of termination contained elsewhere in this Agreement or otherwise existing at Law, the Operator may, by notice in writing to QR Network, immediately terminate this Agreement upon the occurrence of any one or more of the following events or circumstances:
(a) an Insolvency Event in relation to QR Network occurs and such default continues for a period of sixty (60) days;
(b) QR Network’s Accreditation is cancelled such that it cannot perform its obligations generally under this Agreement, and such default continues for thirty (30) days after notice from the Operator to QR Network of the default;
(c) QR Network fails to pay when due any amount payable under this Agreement and such default continues for thirty (30) days after notice from the Operator to QR Network of the default;
(d) QR Network is in default of the due performance of any other obligation under this Agreement and such default continues for sixty (60) days after notice from the Operator to QR Network of the default.
Termination by the Operator. The Operator may terminate this Agreement in its entirety in any of the following circumstances:
(A) if the Owner fails to pay the Operation Charge within three (3) months of the date when such payment fell due, and (i) such failure continues for an initial period of at least thirty (30) days after written notice from the Operator and (ii) further continues for an additional period of at least ten (10) days following a second written notice from the Operator which second notice may be given at any time following the expiration of the first thirty (30) day period;
(B) with at least eighteen (18) months’ prior written notice or, if that is impossible, with as much notice as is possible under the circumstances, and in any event
Termination by the Operator. The Operator may terminate this Agreement on the following grounds:
Termination by the Operator. The Operator may terminate this Agreement in its entirety in any of the following circumstances :
(A) if a Bankruptcy Event occurs and is continuing in relation to the Owner and the Owner does not provide the Operator with adequate assurance (such as an advance payment or letter of credit or such other security as is acceptable to Operator) of continued payment of the Operation Charges for the Operation Services within thirty (30) days of the occurrence of the Bankruptcy Event;
(B) if the Owner fails to pay the Operation Charge within three (3) months of the date when such payment fell due, and (i) such failure continues for an initial period of at least thirty (30) days after written notice from the Operator and (ii) further continues for an additional period of at least ten (10) days following a second written notice from the Operator which second notice may be given at any time following the expiration of the first thirty (30) day period;
(C) with at least eighteen (18) months’ prior written notice or, if that is impossible, with as much notice as is possible under the circumstances, and in any event promptly after the Operator has made such decision, if the Operator decides to cease operations of all or substantially all of its assets on the Site;
(D) if either of the SUMF Agreements is terminated, by giving to the Owner the same period of notice, if any, as has been required to be given for terminating the SUMF Agreements;
(E) subject as otherwise provided in Appendix 7, with three (3) years’ prior written notice effective at the end of the initial period of twenty (20) years or at the end of any extension period of five (5) years, as the case may be; and
(F) with as much written notice as is possible under the circumstances and in any event promptly after the Operator has made such decision, if the Owner fails on a timely basis to notify Operator of Owner’s approval of an Improvement required 24 Pernis OMS Agreement (Kraton) to comply with Law, a Permit or HSE Standards or of Owner’s decision to cease operations at the Plant and if thereafter Operator decides to cease operations at the Plant on the ground that the Improvements can not be undertaken within the USD 100,000 amount described in Clause 9.3.
Termination by the Operator. 20.4.1 The Operator may, without prejudice to any other rights or remedies it may possess, terminate this Contract in accordance with the provisions of this Article 20.4.
20.4.2 Unless the default has occurred as a result of any breach of this Contract by the Operator or due to the occurrence and continuance of the Force Majeure Event, if the Authority:
(a) becomes bankrupt or insolvent, has a receiving order issued against it, compounds with its creditors, or, if a resolution is passed or order is made for its winding up (other than a voluntary liquidation for the purposes of amalgamation or reconstruction), a receiver is appointed over any part of its undertaking or assets, or if the Authority takes or suffers any other analogous action in consequence of debt; or
(b) has insolvency, receivership, reorganisation, bankruptcy, or proceedings of a similar nature brought against it and the proceedings are not dismissed or effectively stayed within 60 (sixty) days of such commencement, then, the Operator may, without prejudice to any other rights it may possess under this Contract, provide a notice to the Authority in this regard, requiring the Authority to remedy the same. If the Authority fails to remedy or to take steps to remedy the same within 30 (thirty) days of receipt of such notice, then, the Operator may terminate this Contract forthwith by giving a notice of Termination to the Authority that refers to this Article 20.4.2.
20.4.3 Unless the default has occurred as a result of any breach of this Contract by the Operator or due to the occurrence and continuance of the Force Majeure Event, if the Authority:
(a) has committed a material breach of this Contract; has validly suspended the performance of its obligations herein, in accordance with Article 20.1 and such suspension: (i) continues for a period of 120 (one hundred twenty) days in any Accounting Year, or (ii) is caused by the Authority for more than 3 (three) times during the Operating Period;
(b) fails to complete its obligations as per Article 4.5.1A and 4.5.5 within the period prescribed therein;
(c) fails to maintain navigable fairway at the channels between Varanasi Terminal and Ghazipur Terminal (as and when it is handed over) for a continuous period of 3 (three) months in any Accounting Year; or
(d) fails to ensure the grant of the relevant Applicable Permit within 120 (one hundred twenty) days of the receipt of request in such regard from the Operator along with satisfactory documents evi...
Termination by the Operator. Subject to clause 15.5, without limiting any other rights of termination in this agreement or otherwise existing at Law, the Operator (acting reasonably) may, by notice in writing to the other Parties, immediately terminate this agreement insofar as it relates to the Operator upon the occurrence of any one or more of the following events or circumstances:
(a) an Insolvency Event occurs in relation to Queensland Rail;
(b) Queensland Rail fails to pay when due any amount payable under this agreement; or
(c) Queensland Rail fails, in any material respect, to perform or comply with this agreement other than where this agreement excludes Queensland Rail’s liability for that failure, or where Queensland Rail is not otherwise liable under this agreement for that failure.
Termination by the Operator. Without limiting any rights of termination contained elsewhere in this Agreement or otherwise existing at Law, the Operator may, by notice in writing to QR Network, immediately terminate this Agreement upon the occurrence of any one or more of the following events or circumstances:
Termination by the Operator. The Operator may terminate this agreement on 30- days’ written notice to the Company, on condition that if any VIP Member prepaid for access to an Operator Site for any period beyond the prospective-effective termination date, the Company may continue to make that Operator Site and the associated Operator Content available to that VIP Member until the termination of that prepaid-access period (the “Post-Termination Grace Period”). If the Operator notifies the Company that the Operator wishes to terminate this agreement in accordance with this section 10.1, this agreement will terminate at midnight at the end of the 30th day after the day that the Company receives that notice.
