Termination for Failure to Perform. (1) At its discretion, NASA may terminate this Agreement 30 days after issuance of a written notification that Partner has failed to perform under this Agreement, by failure to meet a scheduled milestone as identified and described in Appendix A. Before making such a notification, NASA shall consult with Partner to ascertain the cause of the failure and determine whether additional efforts are in the best interest of the Parties. Upon such a notification and determination, NASA will take all rights identified in Articles entitled “Intellectual Property Rights-Data Rights” and “Intellectual Property Rights-Invention and Patent Rights” of this Agreement.
(2) If Partner fails to meet the criteria for successful completion of a milestone contained in Appendix A, Partner shall not be entitled to any payment from the Government associated with the failed milestone, nor shall Partner be entitled to any payments for termination-related expenses. NASA and Partner will negotiate in good faith any other issues unrelated to milestone completion and payments between the Parties. Partner shall retain all payments made and received as of the date of termination.
Termination for Failure to Perform. (1) At its discretion, NASA may terminate this Agreement 30 days after issuance of a written notification that Participant has failed to perform under this Agreement, by failure to meet a scheduled milestone as identified and described in Appendix B. Before making such a notification, NASA shall consult with Participant to ascertain the cause of the failure and determine whether additional efforts are in the best interest of the Parties. Upon such a notification and determination, NASA will take all rights identified in Articles 9 and 10 of this Agreement.
(2) Participant shall not be entitled to any additional payments from the Government due to a termination for failure to meet a milestone. NASA and Participant will negotiate in good faith any other outstanding issues between the Parties. Failure of the Parties to agree will be resolved pursuant to Article 20, Dispute Resolution. Participant shall retain without liability or obligation of repayment all NASA payments made and received as of the date of termination.
Termination for Failure to Perform. By providing written notice, a party may immediately terminate this Agreement: (a) if the other party materially breaches this Agreement and fails to cure that breach within 15 days after receiving written notice of the breach, or (b) as provided in Sections 2.6 or 12.7 or Exhibit B. In addition, by providing written notice, theglobe may immediately terminate this Agreement, or at its option immediately suspend its promotion and other efforts hereunder, in the case of Boxlot's breach of Section 12.1.
Termination for Failure to Perform. If (a) GDC fails to execute a FFGA within three (3) years after the Effective Date, and (b) such failure is not due to a Party’s (except the GDC’s) failure to perform its obligations hereunder or under any applicable SEP Agreement, then, subject to prior consent by the federal funding or financing providers party to any financing agreement in respect of HTP entered into in accordance with this Agreement to the extent required by the terms of any such financing agreement, the Parties shall develop a plan to terminate this Agreement and address such failure to perform, including a process for transferring GDC’s roles and obligations hereunder to other Parties, and the proper disposition of the assets of the GDC related to the HTP to any of the Parties that would succeed GDC in advancing the HTP.
Termination for Failure to Perform. If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
Termination for Failure to Perform. If the Contractor refuses or fails to supply enough properly skilled workers or enough proper materials or equipment, fails to make prompt payment to Subcontractors or for labor, materials or equipment, violates or disregards laws, statutes, codes, ordinances, rules, regulations or orders of any public authority having jurisdiction of the Project, or otherwise defaults on any of its obligations under this Agreement, and fails to remedy or take bona fide actions to commence the remediation of such default within five (5) days after receipt of written notice of default from the Owner, then the Owner may take possession of the site and all of the Contractor’s materials, equipment, tools, construction equipment and machinery and complete all or any part of the Work, and the Contractor to the extent requested by the Owner shall assign the Contractor’s subcontracts and supply contracts to the Owner for the purpose of so completing Work. In the event the Owner takes over the Work pursuant to this Section, the Owner may dispose of excess materials and debris as it determines appropriate, in its sole discretion. The Contractor shall have no rights in the proceeds of such materials, unless they exceed the Owner’s costs of completing the Work and such other damages as the Owner may sustain as a result of the Contractor’s default. The Owner’s rights under this Section shall be subject to the rights of the Contractor’s surety and the Contractor’s trustee-in-bankruptcy, if any. The Owner’s election to take over all or any part of the Work shall not constitute the Owner’s sole remedy upon any such default. The Owner expressly reserves all other rights and remedies under this Agreement at law and in equity upon default, including without limitation the right to terminate this Agreement for cause.
Termination for Failure to Perform. By providing written notice, a party may terminate this Agreement if the other party materially breaches this Agreement and fails to cure that breach within 15 days after receiving written notice of the breach. In addition, by providing written notice, theglobe may terminate this Agreement, or at its option immediately suspend its promotion and other efforts hereunder, in the case of Music HQ's breach of Section 11.1.
Termination for Failure to Perform. The Company may terminate this Agreement after twelve (12) months from the Effective Date if a prototype of the Company’s first product has not been demonstrated to the satisfaction of the Company’s Board of Directors, or after twenty-four (24) months if a manufacturing prototype has not been produced and manufacturing agreements have not been secured by that time. The Employee shall have the right to exercise any stock options that vested prior to Employee’s termination for failure to perform for a period of two years following Employee’s date of termination. Upon termination for failure to perform, the Company shall have no further liability hereunder to Employee.
Termination for Failure to Perform. By providing written notice, a party may immediately terminate this Agreement: (a) if the other party materially breaches this Agreement and fails to cure that breach within 30 days after receiving written notice of the breach, provided that the cure period for breach of Section 6.1, 6.2 and 6.5 shall be limited to 5 days after such notice, or (b) as provided in Section 14.4. ZDNet may terminate this Agreement on at least ten (10) days notice in the event that e-centives fails to maintain the Performance Standards for the Co-Branded Site which are described on Exhibit C.
Termination for Failure to Perform. Licensor has the right to terminate this Agreement if Licensee has not paid its License Fee to Licensor as required by Section 2.
