Termination due to compulsory grounds for exclusion
14.3.1 Grounds for exclusion present at the time of award
14.3.2 Grounds for exclusion emerged throughout the duration of the Agreement
(1) or (2) of the Public Procurement Act, the Supplier shall immediately give written notice to DALO. Furthermore, the provisions set out in clause 14.3.1 apply correspondingly.
Termination due to compulsory grounds for exclusion
10.3.1 Grounds for exclusion present at the time of award
10.3.2 Grounds for exclusion emerged throughout the duration of the Contra ct
(1) or (2) of the Public Procurement Act, the Supplier shall immediately give written no- xxxx to XXXX. Furthermore, the provisions set out in clause 10.3.1 apply correspondingly.
Termination due to compulsory grounds for exclusion Grounds for exclusion present at the time of award Pursuant to § 185 (1), 2) of the Public Procurement Act, a contracting authority may ter- minate a contract where the Supplier was subject to one of the grounds for exclusion under §§ 135-137 at the time of award of the contract with subsequent exclusion of the Supplier from the procurement procedure. If DALO ascertains that the Supplier or any Subcontractor(s) at the time of award of the Contract was subject to a compulsory ground for exclusion as stated in or equivalent to §§ 135 and 136 of the Public Procurement Act, DALO shall give the Supplier an appropriate time limit to document that the Supplier is reliable in accordance with or equivalent to § 138 of the Public Procurement Act. If the Supplier has not provided documentation for the Supplier’s reliability satisfactory to DALO within the time limit, DALO shall be entitled to terminate the Contract with a written notice of 1 (one) month. Correspondingly, DALO shall give the Supplier an appropriate time limit to document that the Supplier is reliable in accordance with or equivalent to § 138 of the Public Procurement Act, if the compulsory ground for exclusion (a) concerns any Subcontractor(s) on which the Supplier is based in accordance with or equivalent to § 144 (5) of the Public Procurement Act, or (b) concerns any Subcontractor(s) where the Supplier on DALO’s request has sub- mitted a declaration stating that the Subcontractor(s) are not subject to grounds for exclu- sion in accordance with or equivalent to § 177 (5) of the Public Procurement Act. If the reliability of the Subcontractor in question has not been documented satisfactory to DALO within the time limit, the Supplier shall replace the Subcontractor and give notice to DALO with whom the Subcontractor is replaced by in accordance with or equivalent to §§ 177 (5) and 147 of the Public Procurement Act. DALO may demand any Individual Chartering under the Contract that has not yet been carried out shall be suspended during the self-cleaning period. The Supplier is not entitled to any payment for suspended deliveries. The Supplier is further not entitled to any damages/compensation for loss in connection with suspension or termination. Grounds for exclusion emerged throughout the duration of the Contract. If the Supplier or any Subcontractor(s) throughout the duration of the Contract becomes subject to a compulsory ground for exclusion in accordance with or...
Termination due to compulsory grounds for exclusion
Termination due to. ACTS OR EVENTS CONTROLLED BY DEALER, ITS OWNER(S) OR MANAGER(S) Each of the following represents an act or event that is within the control of or originates from action taken by Dealer or its Owner(s) or Manager(s) and over which Distributor has no control, but which, when contrary to the spirit, nature, purpose or objectives of this Agreement, warrant its termination:
(a) Any misrepresentation to Distributor by Dealer or by its Owner(s) or Executive Manager in applying for this Agreement or any misrepresentation to Distributor by Dealer or any such person as to the persons who are or will be Owner(s) or Manager(s) of Dealer.
(b) Any attempted sale, transfer or assignment by Dealer of this Agreement or any of the rights or privileges granted Dealer by this Agreement; or any attempted transfer, assignment or delegation by Dealer of any of the responsibilities assumed by Dealer under this Agreement, without in either case the prior written consent of Distributor, which consent shall not be unreasonably withheld.
(c) Any sale, transfer, relinquishment, voluntary or involuntary, by operation of law or otherwise, of any ownership interest in Dealer without the prior written consent of Distributor, which consent shall not be unreasonably withheld.
(d) Any change of the Dealer's Executive Manager without the prior written consent of Distributor, which consent shall not be unreasonably withheld.
(e) Any attempt by Dealer to conduct, either directly or indirectly, any of the dealership operations contemplated by this Agreement at any facilities other than the Dealership Facilities.
(f) Any sale or other transfer, by operation of law or otherwise, to any third party or parties, or any relinquishment or discontinuance of use by Dealer, of any of the Dealership Facilities or other principal assets that are employed and required by Dealer in the conduct of the dealership operations without the prior written consent of Distributor, which consent shall not be unreasonably withheld.
(g) Any dispute, disagreement, or controversy between or among the Owner(s) or Executive Manager (or, if Dealer is a corporation, its directors or officers) of Dealer relating to the ownership or management of Dealer or to its dealership operations which, in the opinion of Distributor, may adversely affect the dealership operations or the interest of Dealer or Distributor.
Termination due to compulsory grounds for exclusion
10.3.1 Grounds for exclusion present at the time of award
10.3.2 Grounds for exclusion emerged throughout the duration of the Agreement
Termination due to x. Xxxxxx, in its sole discretion, may terminate this Agreement, in whole or with respect to Korea, during the period of [***] after Marketing Approval of the Rhopressa Product in Korea (such [***] period, the [***]) if (i) [***] and (ii) either of the following occurred: (A) [***], or (B) [***] (clause (A) or (B), a “[***]”); provided, however, [***], unless and until [***], in which case (x) [***] (a “[***]”), and (y) [***]; and provided further that if such [***]. Santen may terminate this Agreement, in whole or with respect to Korea, pursuant to this Section 13.3.5(a) by providing written notice delivered to Aerie within [***] after a [***] (without a [***]) or a [***] (without a [***]), as applicable.
b. In the event that neither clause (A) nor clause (B) of Section 13.3.5(a) occurs within the [***], both Parties will discuss in good faith to evaluate any issues arising from the [***]; provided, however, that Santen shall have the right to terminate this Agreement, [***]; provided further, however, that in the event of such termination [***], (i) Santen shall not be entitled to any portion of the [***] and (ii) in the event of any subsequent Damages Award, (x) Aerie’s aggregate liability for such Damages Award shall be [***] and (y) [***], which obligation and liability shall survive termination of this Agreement.
Termination due to failure to achieve Financial closure
Termination due to. [ * ]. If, [ * ], the JRC determines that [ * ], this Agreement shall terminate unless the Parties mutually agree to extend the Research Term. Upon termination of this Agreement pursuant to this Section 10.2:
(a) all rights under the licenses granted by either Party shall automatically terminate and revert to the granting Party; and
(b) except as specifically prohibited by a surviving obligation in this Agreement, each Party may [ * ].
Termination due to. If a Force Majeure Event subsists for a period of 60 (sixty) FORCE MAJEURE days or more within a continuous period of 365 (three hundred and sixty five) days either Party may in its discretion terminate this Concession Agreement by issuing a Termination Notice to the other Party without being liable in any manner whatsoever, save as provided in this GC Clause 2.5, and upon issue of such Termination Notice, this Concession Agreement shall, notwithstanding anything to the contrary contained herein, stand terminated forthwith; provided that before issuing such Termination Notice, the Party intending to issue the Termination Notice shall inform the other Party of such intention and grant 15 (fifteen) days’ time to make a representation, and may after the expiry of such 15 (fifteen) days’ period, whether or not it is in receipt of such representation, in its sole discretion issue the Termination Notice.
