Common use of TERMINATION BY THE OWNER Clause in Contracts

TERMINATION BY THE OWNER. The Owner may terminate this Agreement in its entirety in any of the following circumstances: (A) if, for reasons other than Force Majeure, a continuing material non-conforming performance occurs as to the Operator’s provision of the Operation Services for more than four (4) weeks and the Owner has given the Operator written notice of such non-conforming performance and within thirty (30) days thereafter such unsatisfactory performance has not been corrected or the Operator has not developed and implemented a plan of corrective action reasonably satisfactory to the Owner to prevent the reoccurrence of such non-conforming performance; (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 promptly after the Owner has made such decision, if the Owner decides to cease production at the Plant; (C) with as much notice as is possible under the circumstances and in any event promptly after the Owner has made such decision, if the Owner decides to cease operations at the Plant on the ground that it does not desire to undertake Improvements required by Law or HSE Standards; (D) subject as otherwise provided in Appendix 7, with three (3) years’ prior written notice; and (E) if either of the SUMF Agreements is terminated, by giving to the Operator the same period of notice, if any, as has been required to be given for terminating the SUMF Agreements.

TERMINATION BY THE OWNER. The Owner 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 Operator and the Operator does not provide adequate assurances to the Owner within thirty (30) days of the occurrence of the Bankruptcy Event that the Operator will continue to provide the Operation Services to the Owner on the terms and conditions of this Agreement; (B) if, for reasons other than Force Majeure, a continuing material non-conforming performance occurs as to the Operator’s provision of the Operation Services for more than four (4) weeks and the Owner has given the Operator written notice of such non-conforming performance and within thirty (30) days thereafter such unsatisfactory performance has not been corrected or the Operator has not developed and implemented a plan of corrective action reasonably satisfactory to the Owner to prevent the reoccurrence of such non-conforming performance; (BC) 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 Owner has made such decision, if the Owner decides to cease production at the Plant;; 23 Pernis OMS Agreement (Kraton) (CD) with as much notice as is possible under the circumstances and in any event promptly after the Owner has made such decision, if the Owner decides to cease operations at the Plant on the ground that it does not desire to undertake Improvements required by Law or HSE Standards; (DE) subject as otherwise provided in Appendix 7, with three (3) years’ prior written notice; and (EF) if either of the SUMF Agreements is terminated, by giving to the Operator the same period of notice, if any, as has been required to be given for terminating the SUMF Agreements.