Termination for Incurred Liability Sample Clauses

Termination for Incurred Liability. Notwithstanding anything to the contrary in Section 24, the County shall have the right to terminate: (a) the Term of this Agreement with regard to the Services, or (b) any portion the Services (e.g., a Service Area or subcomponent), then being provided by Vendor by delivery of a Termination Notice to Vendor at least ninety (90) calendar days before the Termination Date specified therein, if Vendor has incurred liability under this Agreement in an aggregate amount equal to or greater than seventy-five percent (75%) of then applicable limit on liability specified in this Agreement. If, during the Term, Vendor’s total aggregate liability for all claims asserted against it by the County under this Agreement based on actual damage awards or settlement amounts equals or exceeds seventy-five (75%) of the amount specified in Section 16.1.2, then the County may provide to Vendor a written notice requesting that Vendor increase the amount specified in Section 16.1.2 by no less than Vendor’s total aggregate liability for all claims asserted against it by the County under this Agreement as of the date of such written notice. If Vendor refuses to take such actions in writing within thirty (30) calendar days of Vendor’s receipt of the County’s written request therefor, the County may terminate this Agreement or any portion of the Services. In the event the County exercises its rights as set forth in this Section 14.6, no Termination Fee shall be payable by the County to Vendor.
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Termination for Incurred Liability. Notwithstanding anything to the contrary in Section 17, the County shall have the right to terminate: (a) the Term of this Agreement with regard to the Services, or (b) any portion the Services, then being provided by Contractor by delivery of a Termination Notice to Contractor at least ninety (90) days before the Termination Date specified therein.
Termination for Incurred Liability. Notwithstanding anything to the contrary in Section 24, the Client shall have the right to terminate: (a) the Term of this Agreement with regard to the Services, or (b) any portion the Services (e.g., a Service Area or subcomponent), then being provided by Vendor by delivery of a Termination Notice to Vendor at least ninety (90) days before the Termination Date specified therein, if Vendor has incurred liability under the Agreement in an aggregate amount equal to or greater than seventy-five percent (75%) of then applicable limit on liability specified in this Agreement. If, during the Term, Vendor’s total aggregate liability for all claims asserted against it by the Client under this Agreement equals or exceeds seventy-five (75%) of the amount specified in Section 16.1.2, then the Client may provide to Vendor a written notice requesting that Vendor either waive the limitations set forth in Section 16.1.2 or increase the amount specified in Section 16.1.2 by no less than Vendor’s total aggregate liability for all claims asserted against it by the Client under this Agreement as of the date of such written notice. If Vendor refuses to take such actions in writing within thirty (30) days of Vendor’s receipt of the Client’s written request therefor, the Client may terminate this Agreement pursuant to subpart (b) above. In the event the Client exercises its rights as set forth in this Section 14.8, no termination fee shall be payable by the Client to Vendor.
Termination for Incurred Liability. Notwithstanding anything to the contrary in Section 24, the Commonwealth shall 1. If, during the Term, Vendor’s total aggregate liability for all claims asserted against it by the Commonwealth under this Agreement equals or exceeds seventy-five (75%) of the amount specified in Section 16.1.2, then the Commonwealth may provide to Vendor a written notice requesting that Vendor either waive the limitations set forth in Section 16.1.2 or increase the amount specified in Section 16.1.2 by no less than Vendor’s total aggregate liability for all claims asserted against it by the Commonwealth under this Agreement as of the date of such written notice. If Vendor refuses to take such actions in writing within thirty (30) days of Vendor’s receipt of the Commonwealth’s written request therefor, the Commonwealth may terminate this Agreement pursuant to subpart (b) above. In the event the Commonwealth exercises its rights as set forth in this Section 14.8, no Exit Fee shall be payable by the Commonwealth to Vendor and the Commonwealth shall not be required to assume the Resolution Fees.
Termination for Incurred Liability. Notwithstanding anything to the contrary in Section 24, the Client shall have the right to terminate: (a) the Term of this Agreement with regard to the Services, or (b) any portion the Services (e.g., a Service Area or subcomponent), then being provided by Vendor by delivery of a Termination Notice to Vendor at least ninety (90) days before the Termination Date specified therein, if Vendor has incurred liability under the Agreement in an aggregate amount equal to or greater than seventy-five percent (75%) of then applicable limit on liability specified in this Agreement. If, during the Term, Vendor’s total aggregate liability for all claims asserted against it by the Client under this Agreement based on actual damage awards or settlement amounts equals or exceeds seventy-five (75%) of the amount specified in Section 16.1.2, then the Client may provide to Vendor a written notice requesting that Vendor increase the amount specified in Section 16.1.2 by no less than Vendor’s total aggregate liability for all claims asserted against it by the Client under this Agreement as of the date of such written notice. If Vendor refuses to take such actions in writing within thirty
Termination for Incurred Liability. County shall have the right to terminate: (A) the Term of this Agreement with regard to the Services, or

Related to Termination for Incurred Liability

  • Termination for Insolvency The Procuring Entity may at any time terminate the Contract by giving notice to the Supplier if the Supplier becomes bankrupt or otherwise insolvent. In such event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy that has accrued or will accrue thereafter to the Procuring Entity

  • Termination for Insufficient Funding The State may immediately terminate this Contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services addressed within this Contract. Termination must be by written notice to the Contractor. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Contractor will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that dedicated funds are available. The State will not be assessed any penalty if the Contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Contractor notice of the lack of funding. This notice will be provided within a reasonable time of the State’s receiving notice.

  • Termination for fault 19.3.1 The Commonwealth may terminate this Agreement by notice where the Grantee has: (a) failed to comply with an obligation under this Agreement and the Commonwealth believes that the non‐compliance is incapable of remedy or where clause 19.2.2(b) applies; (b) provided false or misleading statements in relation to the Grant; or (c) become bankrupt or insolvent, entered into a scheme of arrangement with creditors, or come under any form of external administration. 19.3.2 The Grantee agrees, on receipt of the notice of termination, to: (a) stop the performance of the Grantee’s obligations; (b) take all available steps to minimise loss resulting from the termination; and (c) report on, and return any part of the Grant to the Commonwealth, or otherwise deal with the Grant, as directed by the Commonwealth.

  • TERMINATION FOR IMPROPER CONSIDERATION 8.44.1 The County may, by written notice to the Contractor, immediately terminate the right of the Contractor to proceed under this Contract if it is found that consideration, in any form, was offered or given by the Contractor, either directly or through an intermediary, to any County officer, employee, or agent with the intent of securing this Contract or securing favorable treatment with respect to the award, amendment, or extension of this Contract or the making of any determinations with respect to the Contractor’s performance pursuant to this Contract. In the event of such termination, the County shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of default by the Contractor. 8.44.2 The Contractor shall immediately report any attempt by a County officer or employee to solicit such improper consideration. The report shall be made either to the County manager charged with the supervision of the employee or to the County Auditor-Controller's Employee Fraud Hotline at (000) 000-0000. 8.44.3 Among other items, such improper consideration may take the form of cash, discounts, services, the provision of travel or entertainment, or tangible gifts.

  • Indemnification and Advance of Expenses as a Witness or Other Participant Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is or may be, by reason of Indemnitee’s Corporate Status, made a witness or otherwise asked to participate in any Proceeding, whether instituted by the Company or any other person, and to which Indemnitee is not a party, Indemnitee shall be advanced and indemnified against all Expenses actually and reasonably incurred by Indemnitee or on Indemnitee’s behalf in connection therewith within ten days after the receipt by the Company of a statement or statements requesting any such advance or indemnification from time to time, whether prior to or after final disposition of such Proceeding. Such statement or statements shall reasonably evidence the Expenses incurred by Indemnitee. In connection with any such advance of Expenses, the Company may require Indemnitee to provide an undertaking and affirmation substantially in the form attached hereto as Exhibit A.

  • Acquisition for Investment The Purchaser is a “non-US person” as defined in Regulation S, acquiring the Shares solely for the its own account for the purpose of investment and not with a view to or for sale in connection with a distribution to anyone. 投资目的。购买人是符合规则S下定义的“非美国主体”,购买此合同下的股票仅出于其个人的投资目的,不是为了向其他人分销。

  • Compensation for Increased Costs Subject to the provisions of Section 2.16 (which shall be controlling with respect to the matters covered thereby), in the event that any Lender shall determine (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto) that any law, treaty or governmental rule, regulation or order, or any change therein or in the interpretation, administration or application thereof (including the introduction of any new law, treaty or governmental rule, regulation or order), or any determination of a court or governmental authority, in each case, that becomes effective after the Closing Date, or compliance by such Lender with any guideline, request or directive issued or made after the Closing Date by any central bank or other governmental or quasi-governmental authority (whether or not having the force of law) (i) subjects such Lender (or its applicable lending office) to any additional Tax (other than any Excluded Taxes of such Lender, or any Indemnified Taxes or Other Taxes indemnifiable under Section 2.16) with respect to this Agreement or any of the other Credit Documents or any of its obligations hereunder or thereunder or any payments to such Lender (or its applicable lending office) of principal, interest, fees or any other amount payable hereunder; (ii) imposes, modifies or holds applicable any reserve (including any marginal, emergency, supplemental, special or other reserve), special deposit, compulsory loan, FDIC insurance or similar requirement against assets held by, or deposits or other liabilities in, or for the account of, or advances or loans by, or other credit extended by, or any other acquisition of funds by, any office of such Lender (other than any such reserve or other requirements with respect to LIBOR Rate Loans that are reflected in the definition of Adjusted LIBOR Rate); or (iii) imposes any other condition (other than with respect to a Tax matter) on or affecting such Lender (or its applicable lending office) or its obligations hereunder or the London interbank market; and the result of any of the foregoing is to increase the cost to such Lender of agreeing to make, making or maintaining Loans hereunder or to reduce any amount received or receivable by such Lender (or its applicable lending office) with respect thereto; then, in any such case, Borrower shall promptly pay to such Lender, upon receipt of the statement referred to in the next sentence, such additional amount or amounts (in the form of an increased rate of, or a different method of calculating, interest or otherwise, as such Lender in its reasonable judgment shall determine), as may be necessary to compensate such Lender on an after tax basis for any such increased cost or reduction in amounts received or receivable hereunder. Such Lender shall deliver to Borrower (with a copy to Administrative Agent) a written statement, setting forth in reasonable detail the basis for calculating the additional amounts owed to such Lender under this Section 2.15(a), which statement shall be conclusive and binding upon all parties hereto absent manifest error.

  • Termination of Agreement; Survival (a) The Underwriters may terminate their obligations under this Agreement, by notice to the Depositor, at any time at or prior to the Closing Date (i) if there has been, since the date of this Agreement or since the respective dates as of which information is given in the Registration Statement and the Prospectus, any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Depositor, Xxxxx Fargo Bank or any other Mortgage Loan Seller whether or not arising in the ordinary course of business, (ii) if there has occurred any outbreak of hostilities or escalation thereof or other calamity or crisis the effect of which is such as to make it, in the reasonable judgment of any Underwriter, impracticable or inadvisable to market the Registered Certificates or to enforce contracts for the sale of the Registered Certificates, (iii) if trading in any securities of the Depositor or of Xxxxx Fargo Bank has been suspended or limited by the Commission or the New York Stock Exchange, or if trading generally on the American Stock Exchange or the New York Stock Exchange or on the NASDAQ National Market or the over the counter market has been suspended or limited, or minimum or maximum prices for trading have been fixed, or maximum ranges for prices have been required, by any of said exchanges or by such system or by order of the Commission, the National Association of Securities Dealers, Inc. or any other governmental authority, (iv) if a banking moratorium has been declared by either federal or New York authorities, or (v) if a material disruption in securities settlement, payments or clearance services in the United States or other relevant jurisdiction shall have occurred and be continuing on the Closing Date, or the effect of which is such as to make it, in the reasonable judgment of such Underwriter, impractical to market the Registered Certificates or to enforce contracts for the sale of the Registered Certificates. (b) If this Agreement is terminated pursuant to this Section 12, such termination shall be without liability of any party to any other party, except as provided in Section 11 or Section 12(c) hereof. (c) The provisions of Section 5(e) hereof regarding the payment of costs and expenses and the provisions of Sections 8 and 9 hereof shall survive the termination of this Agreement, whether such termination is pursuant to this Section 12 or otherwise.

  • TERMINATION FOR CAUSE BY CITY 4.05.1 If Contractor defaults under this Agreement, the Director may terminate this Agreement after providing Contractor written notice and an opportunity to cure the default as provided below. The City’s right to terminate this Agreement for Contractor’s default is cumulative of all rights and remedies that exist now or in the future. Default by Contractor occurs if: 4.05.1.1 Contractor fails to perform any of its material duties under this Agreement; 4.05.1.2 Contractor becomes insolvent; 4.05.1.3 all or a substantial part of Contractor’s assets are assigned for the benefit of its creditors; or 4.05.1.4 a receiver or trustee is appointed for Contractor. 4.05.2 If a default occurs and the Director determines that the City wishes to terminate the Agreement, then the Director must deliver a written notice to Contractor describing the default and the proposed termination date, with a copy of the notice to the CPO. The date must be at least 30 days after Contractor receives notice. The Director, at his or her sole option, may extend the termination date to a later date. If Contractor cures the default before the proposed termination date, then the proposed termination is ineffective. If Contractor does not cure the default before the termination date, then the Director may terminate this Agreement on the termination date, at no further obligation of the City. 4.05.3 To effect final termination, the Director must notify Contractor in writing, with a copy of the notice to the CPO. After receiving the notice, Contractor shall, unless the notice directs otherwise, immediately discontinue all services under this Agreement and promptly cancel all orders or subcontracts chargeable to this Agreement.

  • Termination of Service for Cause Upon a termination of the Participant’s Service by the Company for Cause the Option, including the Vested Portion, shall immediately terminate and be forfeited without consideration.

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