Termination by Xxxxx. Subject to Section 5.2, the CAISO may terminate this Agreement by giving written notice of termination in the event that the Participating Load commits any material default under this Agreement and/or the CAISO Tariff which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given, to the Participating Load, written notice of the default, unless excused by reason of Uncontrollable Forces in accordance with Article X of this Agreement. With respect to any notice of termination given pursuant to this Section, the CAISO must file a timely notice of termination with FERC, if this Agreement was filed with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: (1) the filing of the notice of termination is made after the preconditions for termination have been met, and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement shall terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.
Termination by Xxxxx. In addition to any other rights of Buyer to cancel or terminate the Order, and subject to Section 23, Buyer may terminate the Order in whole or in part by written notice (each, a “Termination Notice”):
15.2.1 For convenience at any time by not less than three (3) days advance Termination Notice to Seller;
15.2.2 For default, effective upon delivery of a Termination Notice or upon such other date specified in said Termination Notice. Seller shall be in default if (i) Seller breaches any warranty; (ii) Seller repudiates, breaches or threatens to breach any of the Terms of the Order; (iii) Seller fails to deliver, or threatens not to deliver, Products in connection with the Order; (iv) Seller fails to make progress or to meet reasonable quality requirements so as to endanger timely and proper performance of the Order; (v) Seller becomes insolvent or makes an assignment for the benefit of creditors, or proceedings in bankruptcy or insolvency are instituted by or against Seller; (vi) Seller sells all or substantially all of its assets to a third party; or merges or consolidates with, or sells all of its stock or membership interests to, another party, or undergoes some other form of reorganization; (vii) Seller undergoes a change of control which, in Buyer’s sole discretion, is detrimental to the interests of Buyer, (viii) Seller needs accommodations from Buyer, financial or otherwise, in order to meet its obligations under the Order; (ix) at any time, in Buyer’s sole judgment, Seller’s financial or other condition or progress on the Order shall be such as to endanger timely performance; or (x) Seller fails to perform or observe or perform its obligations under any other order or agreement with Buyer or any of Buyer’s affiliates. Termination by Buyer shall not relieve Seller of any liability under the Order.
Termination by Xxxxx. If Xxxxx is not then in breach of this Agreement giving rise to an event of termination, this Agreement may be immediately terminated for breach if Supplier fails to produce and deliver Products that meet the Specifications for a period of more than ***. Upon such breach, Xxxxx may terminate this Agreement immediately by giving written notice of termination to Supplier. Subject to fulfilling its obligations to purchase the Minimum Purchase Requirement, Xxxxx may terminate any Purchase Order upon *** written notice. In the event Supplier has incurred costs in executing the Purchase Order up to termination, Xxxxx shall reimburse Supplier for such documented costs. In the event of Supplier’s failure to perform any of its material obligations under this Agreement (including failure to deliver agreed upon amounts of Product and not making up the Supply Shortfall as contemplated by Section 2.1(b)), Xxxxx shall promptly give Supplier notice thereof. Such notice shall specify the nature of such failure with particularity and in reasonable detail, including the specific provision of this Agreement to which such purported failure relates. Supplier shall use commercially reasonable efforts to cure or otherwise remedy the failure specified in such notice within *** after its receipt of such notice. A failure specified in such notice that Supplier does not cure or otherwise remedy in such *** period shall be deemed a “Supplier Uncured Failure”. Xxxxx shall have the right to terminate this Agreement if Supplier has more than three (3) Supplier Uncured Failures in any twelve (12) month period. Xxxxx’x sole and exclusive damages in case of such termination shall be limited to $*** per short ton of Minimum Supply Product that remains undelivered for the remaining Term of the Agreement after the filling of all outstanding Purchase Orders. The Parties acknowledge and agree that in the event of a breach under this Section 8.2, the damages would be difficult if not impossible to quantify, and accordingly, such payment shall be for liquidated damages and not as any form of penalty.
Termination by Xxxxx. Xxxxx will have the right to terminate these Partner Terms immediately upon wrien notice to Partner if Xxxxx determines, in its sole discretion, that Partner has become a competitor of Wazuh.
Termination by Xxxxx. Subject to Section 4.2 the CAISO may terminate this Agreement by giving written notice of termination in the event that the Scheduling Coordinator commits any default under this Agreement and/or the CAISO Tariff which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has
Termination by Xxxxx. In addition to any other termination right which Buyer has, it may terminate the Agreement:
13.1.1 for convenience, with thirty days advance notice, except that advance notice is not required if Buyer’s customer terminates its order with Buyer for any reason, or if Buyer exits the business and/or closes a plant which is the recipient of the Material.
13.1.2 for breach by Seller, including if a) Seller repudiates or defaults on any material term, including Seller's warranty or b) Seller fails to perform services or deliver Material as specified by Buyer or fails to make progress so as to endanger timely and proper completion of services or delivery of Material. Seller’s default will constitute a breach if, after receipt of notice from Buyer specifying the nature of the default, it does not correct such default to Buyer’s satisfaction within 10 days, or such shorter period of time that is commercially reasonable under the circumstances. Declaring a default or breach under this Paragraph 13 will be in addition to any other remedy available to Buyer and will not relieve Seller of its obligations under the Agreement or imposed by law.
Termination by Xxxxx. 19.2.1 FITEL may terminate THE FINANCING CONTRACT of full right by some of the following grounds:
a) When THE CONTRACTOR is declared in a situation of bankruptcy before the Commission of Insolvency Proceedings of the National Institute of Defense of Competence and Intellectual Property– INDECOPI or the person acting as such.
b) Due to the lack of renewal of guarantees indicated in the Tenth Clause of the FINANCING CONTRACT.
c) Due to the unjustified non compliance of the DEFINITIVE SCHEDULE OF ACTIVITIES OF THE ACCESS NETWORK OR THE DEFINITIVE SCHEDULE OF ACTIVITIES OF THE TRANSPORT NETWORK; provided said non compliance assessed by FITEL, results in a non compliance of the activities within the INVESTMENT PERIOD of THE ACCESS NETWORK or within the INVESTMENT PERIOD of THE TRANSPORT NETWORK referred in the TECHNICAL SPECIFICATIONS.
d) For unjustified non compliance of the TECHNICAL SPECIFICATIONS and, in general, of the obligations agreed in the FINANCING CONTRACT.
e) For abandonment in rendering the service of access to Internet or, if applicable, of the access to Intranet, in some of the BENEFICIARY LOCALITIES or any of the MANDATORY PAID INSTITUTIONS for causes attributable to THE CONTRACTOR.
f) When there are deviations in the use of the AWARDED FINANCING, or is given a different destiny for which it was granted; without prejudice of the agreement made in the paragraph 10.2 of the Tenth Clause of the FINANCING CONTRACT.
g) For unjustified non compliance of the TECHNICAL PROPOSAL, except modifications established between the PARTIES.
h) When XXXXX had knowledge that the company that leadered the CONSORTIUM did not had a minimum total participation of twenty five per cent (25%) in the legal person incorporated as THE CONTRACTOR, before three (03) years, counted since the CLOSING DATE.
i) For loss of the Concession of Public Telecommunications Service or loss of the registration in the registry of services of added value to provide the Public Telecommunication Services established in the TECHNICAL SPECIFICATIONS.
j) When the amount of penalties referred to the INVESTMENT PERIOD of THE ACCESS NETWORK or the INVESTMENT PERIOD of THE TRANSPORT NETWORK have exceeded the amount in force of the amount of the ADVANCE GUARANTEE and the PERFORMANCE BOND GUARANTEE of THE FINANCING CONTRACT, .
k) For inaccuracy or falsehood of the AFFIDAVITS submitted by THE CONTRACTOR in the BID, as BIDDER.
l) For non compliance of the obligations of CLOSURE OF THE FINANCING CONTRAC...
Termination by Xxxxx. In the event the RC Customer commits any material default under this Agreement, which, if capable of being remedied, is not remedied within thirty (30sixty (60) days after the CAISO has given written notice to the RC Customer of the default, the CAISO may terminate this Agreement at any time upon thirty (30) days prior written notice of termination, provided the notice of termination incorporates a transition plan for the RC Customer to transition to a new Reliability Coordinator to ensure that the termination of this Agreement results in no harm to the Western grid. The CAISO shall inform all RC Customers at the time it sends written notice of termination to any RC Customer. Any outstanding financial right or obligation or any other obligation under the CAISO Tariff of the RC Customer that has arisen while that RC Customer was receiving services under this Agreement, and any provision of this Agreement necessary to give effect to such right or obligation, will survive until satisfied. With respect to any notice of termination given pursuant to this Section, the CAISO must file a notice of termination with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. . For avoidance of doubt, if the CAISO terminates the Agreement under this Section 3.2.1 prior to expiration of the Initial Term, the RC Customer will still be required to pay the RC Service Charge for the remainder of the Initial Term and the HANA services charge, if applicable.. Any outstanding financial right or obligation or any other obligation under the CAISO Tariff of the RC Customer that has arisen while that RC Customer was receiving services under this Agreement, and any provision of this Agreement necessary to give effect to such right or obligation, will survive until satisfied. With respect to any notice of termination given pursuant to this Section, the CAISO must timely file a notice of termination with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: the filing of the notice of termination is made after the preconditions for termination have been met, and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default. This Agreement will terminate upon acceptance by FERC of such a notice of termination, or thirty (30) days after the date of the CAISO’s not...
Termination by Xxxxx. 27.1 If the Hirer wishes to cancel the hiring in whole or in part the Hirer must give to the Committee notice to that effect.
27.2 If the Hirer is unable to effect an alternative hiring then the deposit may be forfeited;
27.3 If the notice under clause 27.1 is given not later than one month prior to the Period of the Hiring and if the Committee is unable to effect an alternative hiring the Committee may charge the Hirer the balance of the Fee.
Termination by Xxxxx. EROAD may suspend, reduce or terminate the Services or rental of the Hardware:
(a) if Customer breaches these Terms or the Agreement and fails to remedy the breach within 10 days of receiving notice of the breach from EROAD; or
(b) Customer becomes insolvent or makes an assignment for the benefit of creditors.
