Termination for Failure to Pay Fee on a Timely Basis. In addition to the provisions of Section 7.2 above, the Manager may terminate this Agreement upon thirty (30) days written notice of the Owner's failure to pay the Management Fee when due unless the Owner cures the payment default within ten (10) days after receiving written notice from the Manager.
Termination for Failure. TO PERFORM In the event that You fail to make payment in accordance with clause 3 above, or You fail to remove Equipment in the period specified by Us, You acknowledge that You will lose all deposits, right, title and interest which You might otherwise have acquired in and to the Equipment.
Termination for Failure. (e) If BMW NA fails to obtain or maintain any of BMW NA to be license, permit, or authorization necessary for Licensed BMW NA's performance of its obligations under this Agreement or if any such license, permit, or authorization is suspended or revoked, and such suspension or revocation continues for a period of six (6) consecutive business days, either party may terminate this Agreement by providing written notice to the other party. No Waiver by Failure to (f) In the event BMW NA shall be entitled to Terminate terminate this Agreement pursuant to the provisions of Paragraph 12 (b) or (c), but shall fail to do so, such failure shall not be considered a waiver of the rights of BMW NA to so terminate the Agreement.
Termination for Failure. Without affecting any of its rights available under the Agreement (including but not limited to the right to investigate the liability for breach of the defaulting party), if within 180 days after the date hereof, any Conditions Precedent are not fulfilled, Party A or Party B can in written form notify the other party to terminate the Agreement, to the extent that the Conditions Precedent are not satisfied due to the party’s fault, acts, omissions or breach of its obligations under the Agreement. Termination of the Agreement according to Article 10.2 hereof will not affect the disposal of the xxxxxxx money in accordance with Article 9.1 hereof.
Termination for Failure. In the event Omnipharm fails to provide (a) the necessary technical and regulatory batches needed for Product Registration in the Territory for the Initial Products within the agreed to timeline in the Development Plan; or (b) provide by December 31, 2008 (i) shelf life data under accelerated conditions demonstrating **-month and **-month accelerated stability for Product A and Product B and (ii) clinical efficacy of Product B, each from an independent lab reasonably acceptable to Fidopharm, and reasonable acceptability of **of Product A and Product B ** by Fidopharm based on commercial viability of Products, Fidopharm shall have the right to terminate this Agreement immediately and upon such termination Omnipharm shall reimburse any payments made to it under this Agreement and one hundred percent (100%) of the cost and expenses expended by Fidopharm to Develop, register and commercialize Products in the Territory up to five hundred thousand dollars ($500,000), including all costs and expenses for obtaining the Product Registrations (together with the upfront payment, the “Costs”); provided, that in the event Omnipharm has accomplished (x) subsection (i) of Section (b) above, the reimbursement shall be reduced by forty percent (40%) of the Costs, and/or (y) subsection (ii) of Section (b) above, the reimbursement shall be reduced by another forty percent (40%) of the Costs and/or (z) Section (a) above, the reimbursement shall be reduced by another twenty (20%) of the Costs.
Termination for Failure. In the event the Conditions Precedent as specified hereinabove are not fulfilled by either Party, for any reason whatsoever on or prior to the expiry of 100 (One Hundred) days from the CP Longstop Date, then unless waived by the non- defaulting Party, this Agreement shall be deemed to have been terminated by mutual agreement of the Parties.
Termination for Failure. In the event the Conditions Precedent as specified hereinabove are not fulfilled by either Party, for any reason whatsoever on or prior to the expiry of 200 (Two Hundred) days from the Appointed Date, then unless waived by the non-defaulting Party, this Agreement shall be deemed to have been terminated by mutual agreement of the Parties. Provided that any payment made by the Developer towards the first instalment of the Lease Premium and/ or the Annual Lease Rent shall be returned by IRSDC to the Developer, without any interest.
Termination for Failure. If (A) RoboDesign fails to deliver to Isis a Prototype that meets the material requirements of the Specifications after (i) the delivery schedule set forth in Section 2.1 lapses (as may be extended from time to time pursuant to Section 2.7) and (ii) [***] days from the date Isis provides RoboDesign with a reasonably detailed written notice of why the Prototype does not meet the material requirements of the Specifications, (B) and such failure results because RoboDesign did not use commercially reasonable efforts to satisfy its obligations under this Agreement, then Isis may, at its option, terminate this Agreement by providing RoboDesign with written notice thereof and returning to RoboDesign all Work and equipment purchased by RoboDesign and provided to Isis hereunder. In such event, (i) Robodesign will return to Isis (i) all equipment and materials provided by Isis to RoboDesign hereunder and all payments made to Robodesign under this Agreement and (ii) any accrued payment obligations under this Agreement will terminate and not survive within 60 days of such termination.
Termination for Failure. OF PERFORMANCE If, upon evaluation of DEALER's performance pursuant to paragraphs VII(F), X(F), XI(B) or XII(E) herein, DISTRIBUTOR concludes that DEALER has failed to perform adequately its sales, service or customer satisfaction responsibilities or to provide adequate dealership facilities, DISTRIBUTOR shall notify DEALER in writing of such failure(s) and will endeavor to review promptly with DEALER the nature and extent of such failure(s), and will grant DEALER 180 days or such other period as may be required by law to correct such failure(s). If DEALER fails or refuses to correct such failure(s) or has not made substantial progress towards remedying such failure(s) at the expiration of such period, DISTRIBUTOR may terminate this Agreement upon sixty (60) days notice or such other notice as may be required by law.
