Termination for Delay Clause Samples

Termination for Delay. Unless earlier terminated in accordance with Section 10.1 or 10.2, this Agreement may be terminated and the transactions contemplated hereby may be abandoned by the Company or the Purchasers if the Closing does not occur by June 30, 1999, provided, however, that the right to terminate this Agreement under this Section 10.3 shall not be available to any party whose failure to fulfill any obligation under this Agreement has been the cause of, or resulted in, the failure of the Closing to occur on or before such date.

Termination for Delay. Paragon shall have the right to terminate this Agreement or a Research Program immediately upon written notice to Crescent if, as a result any action or failure to act by Crescent or its Affiliates, a Research Program or all material activities under the applicable Research Plan are suspended, discontinued or otherwise delayed for a period of four (4) consecutive months.

Termination for Delay. If Landlord manages the Tenant Improvements Work pursuant to Section 3.3 and Landlord does not achieve Substantial Completion of the Base Building Work and the Tenant Improvements Work by the date that is eight months after the Target Completion Date, subject to extension for Excusable Delay, then, provided that Tenant has not exercised its self-help right pursuant to Section 3.8(c), Tenant shall have the right, upon 30 days’ prior written notice to Landlord, to terminate this Lease unless, within such 30 day period, Landlord achieves Substantial Completion of the Base Building Work and the Tenant Improvements Work. If a Third Party Contractor manages the Tenant Improvements Work pursuant to Section 3.4 and Landlord does not achieve Partial Completion of the Base Building Work by the date that is eight months after the Target Delivery Date, subject to extension for Excusable Delay, then, provided that Tenant has not exercised its self-help right pursuant to Section 3.8(c), Tenant shall have the right, upon 30 days’ prior written notice to Landlord, to terminate this Lease unless, within such 30 day period, Landlord achieves Partial Completion of the Base Building Work. If this Lease terminates pursuant to this Section 3.8(d), Landlord shall pay or reimburse Tenant for, and shall indemnify and hold Tenant harmless from and against, all out-of-pocket costs incurred by Tenant in connection with this Lease and the subject transaction, including, but not limited to, attorneys’ fees, design costs, project management costs, consulting fees and construction costs.

Termination for Delay. Provided Customer is not currently in default of a material provision of this Agreement, In the event Contractor has delayed or provided notice of delay of a Launch Date, other than for Excusable Delays, for a period exceeding (***) for the Launch Service, (***), Customer shall have the right to: (i) (***); or (ii) (***), such right to be elected by Customer in writing and within (***) following the conclusion of such (***) period. With respect to any Launch Service terminated by Customer, Customer shall have no further obligation or liability to Contractor for such Launch Service.

Termination for Delay. FARES may terminate this Agreement (by providing written notice) if it rejects Customer’s development efforts for the Interface two (2) or more times pursuant to Subsection 3.4 (Acceptance).

Termination for Delay. Time is of the essence. Accuray may terminate this Agreement if Institution is not ready for installation of the Equipment within two (2) months of Delivery Date, and Institution may terminate this Agreement if Accuray is not able to ship the Equipment within two (2) months of Delivery Date.

Termination for Delay. As used herein, the phrase “Delivery Condition” shall mean that Landlord has delivered to Tenant Suite Spaces in the Building and the ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ (as defined below) has delivered suite spaces in the ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ totaling at least seventy-five percent (75%) (i.e., 88,333 square feet of Rentable Area) of the aggregate Rentable Area of the Premises leased by Tenant under this Lease and the premises initially leased by Tenant under the ▇▇▇▇ ▇.

Termination for Delay. Purchaser may terminate this Purchase Order and any related agreement, in whole or in part, for delays caused solely by Seller. Seller shall refund all payments for goods upon written notification of termination by purchaser

Termination for Delay. In the event SpaceX has delayed or provided notice of delay of either Launch, other than for Excusable Delays, for an aggregate period exceeding three hundred sixty-five (365) days beyond the last day of a Launch Period (not including any coinciding or overlapping period of delay attributable to Customer), Customer shall have the right to terminate in Customer’s discretion either or both of the Launch Services (to the extent such Launch Service(s) have not yet been performed) and obtain a refund of payments made under this Agreement in connection with the affected Launch Service(s), such right to be elected by Customer in writing and within [***…***] following the conclusion of such three hundred sixty-five (365) day period. With respect to any Launch Service terminated by Customer, Customer shall have no further obligation or liability to SpaceX for such Launch Service. Unless disputed, any amounts required to be refunded to Customer under this Section 14.2(b) shall be paid by SpaceX to Customer within [***…***] of notice of such termination.