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. Notwithstanding anything to the contrary contained herein and subject to force majeure delay, in the event Landlord is unable to substantially complete the construction of the Premises by September 15, 1998, Tenant may elect by written notice to Landlord to cause Tenant's obligation to pay Fixed Minimum Monthly Rent as set forth herein to be abated until the earlier of (a) the date Tenant accepts possession of the Premises or (b) February 1, 1999 (the "Abatement Period"). During the Abatement Period, Tenant shall pay Landlord monthly all Additional Rent required by this Lease plus a sum equal to one twelfth (1/12) of the product obtained when nine percent is multiplied by all construction costs then incurred by Landlord in performing Landlord's Work as defined herein. Fixed Minimum Rent as calculated pursuant to Exhibit F and hereunder shall, in any event, commence no later than February 1, 1999. In the event Landlord is unable to complete construction of the Premises by June 1, 1999, as its sole and exclusive remedy, Tenant shall have the right, by written notice to Landlord to terminate this Lease. Notwithstanding anything to the contrary contained herein, in the event either (i) Tenant has not commenced "Tenant's Work" in the Premises pursuant to Exhibit C within fifteen (15) days after substantial completion by Landlord of Landlord's Work; or (ii) Tenant fails to prosecute diligently Tenant's Work to substantial completion in Upon any Lease termination pursuant to this Section 3.3, neither party shall have any further right, obligation or liability to the other party under this Lease.
Termination for Delay. Paragon shall have the right to terminate this Agreement or a Research Program immediately upon written notice to Oruka if, as a result any action or failure to act by Oruka or its Affiliates, such 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. 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. 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.
Termination for Delay. In the event Customer 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 SpaceX), then SpaceX shall have the right to terminate the applicable Launch Service, such right to be elected by SpaceX in writing and within [***…***] following the conclusion of such three hundred sixty-five (365) day period. With respect to any Launch Service terminated by SpaceX under this Section 14.3(b), SpaceX shall [***…***] and have no further obligation or liability to Customer for such Launch Service.
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. In the event that SkyePharma has not received written notice that the FDA has:
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 0000 X. Xxxxxxxxxx Xxxxxxxx (as defined below) has delivered suite spaces in the 0000 X. Xxxxxxxxxx Xxxxxxxx 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 0000 X.
Termination for Delay. If (x) the Scheduled Delivery Date is scheduled or rescheduled by Seller to a date that will cause Delivery to be delayed after the Outside Delivery Date, or (y) Lessor notifies Lessee that Lessor has received written notice from Seller that a delay is anticipated by Seller that will cause Delivery to be delayed to a date after the Outside Delivery Date, then by written notice given within ten (10) Business Days after the first to occur of (i) Lessee’s receipt of such Lessor notice or (ii) the Outside Delivery Date, either party may by written notice to the other terminate this Lease and this Lease will terminate on the date of receipt of such notice by the non-notifying party. In the event of such termination, neither party will have any further liability to the other party except that Lessor will return to Lessee the Security Deposit in accordance with Section 4.5 and any prepaid Rent. If such termination notice is not given within such ten (10) day period, each of Lessee and Lessor shall have waived their right to terminate this Lease for delay under this Section 8.3 and, subject to Lessor’s agreement with Seller to a revised Scheduled Delivery Date (which shall be binding upon Lessee), this Lease shall remain in full force and effect, the Aircraft shall be delivered to Lessee in accordance with the terms of this Lease on the revised Scheduled Delivery Date.
