Termination Not a Waiver Sample Clauses

Termination Not a Waiver. The termination of this Agreement and/or the franchise granted pursuant to the terms of this Agreement shall not, for any reason, operate as a waiver or release of any obligation of the Company or any other Person, as applicable, for any Liability: [(i) pursuant to Section 13.1 hereof, which arose or arises out of any act or failure to act prior to the termination; (ii) which exists pursuant to Sections 8.2 [Privacy], 9 [Compensation] (but only to the extent that the payments required by Section 9 relate to activities of the Company prior to the termination), 10.5.03 [Right of Inspection], 10.5.04 [Right of Examination], 10.6 [Investigations], 14.5 through 14.8 [Termination], 16.18 [Governing Law] and 16.21 [Claims under Agreement] hereof]; (iii) to maintain in full force and effect the performance bond required by Section 6.10 hereof and coverage under the liability insurance policies required by Section 13.2 hereof for a reasonable period following the date of termination for any reason, but in no event less than one (1) year following such date; or (iv) to maintain in full force and effect the Security Fund required by Section 14.2 hereof pursuant to the terms of Section 14.2.03 hereof. If the Company continues to operate all or any part of the System after the expiration of the term of the franchise, without renewal, then the Company shall comply with and be obligated under such reasonable additional terms and conditions the City may reasonably and lawfully impose with respect to such period of operation, provided, however, that this provision shall not apply if such continuation of operations is pursuant to Section 14.8 hereof.
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Termination Not a Waiver. The termination of this Agreement (in any way specified in Section 2.2.4 hereof) shall not, for any reason, operate as a waiver or release of any obligation or Liability of the Company or any other Person, as applicable, incurred or accrued prior to the date of such termination. This Section 2.2.5 and Sections 8.1.7, 9.7.1, 9.7.2, 12.2, 12.5, 12.6, 14.14, 14.15, 14.17 and 14.20 shall survive the termination of this Agreement. If the Company continues to operate all or any part of the System after the expiration of the term of the Franchise, without renewal, then (i) this Section 2.2.5 shall not be construed to waive or release any obligation or Liability of the Company arising out of such continued operations and (ii) the Company shall comply with the terms and conditions of this Agreement, including but not limited to all compensation and other payment provisions of this Agreement. Any such continued operation shall in no way be construed as a renewal or other extension of this Agreement or the Franchise granted pursuant to this Agreement except to the extent provided in Section 2.3.6 hereof.
Termination Not a Waiver. The termination of this Agreement (in any way specified in Section 2.2.04 hereof) shall not, for any reason, operate as a waiver or release of any obligation or Liability of the Company or any other Person, as applicable, incurred or accrued prior to the date of such termination. This Section 2.2.05 and Sections 9.1.07, 10.7.01, 10.7.02, 13.2, 13.5, 13.6, 13.7, 13.8, 15.15, 15.16, 15.18 and 15.21 shall survive the termination of this Agreement. If the Company continues to operate all or any part of the System after the expiration of the term of the Franchise, without renewal, then (i) this Section 2.2.05 shall not be construed to waive or release any obligation or Liability of the Company arising out of such continued operations and

Related to Termination Not a Waiver

  • Termination Notice If either Party, having become entitled to do so, decides to terminate this Agreement pursuant to the preceding Clause 8.2 (a) (i) or 8.2 (a) (ii), it shall issue Termination Notice setting out:

  • Termination Notices If at any time prior to the expiration of the Property Approval Period, the Title Company receives a notice from Purchaser that Purchaser has exercised its termination right under Section 5.4, or if Purchaser does not timely deliver its Approval Notice under Section 5.4, the Title Company, within three (3) Business Days after the receipt of such notice or after the Contingency Date, as applicable, will deliver the Xxxxxxx Money Deposit to Purchaser without any notice to, or consent of, Seller being required. If at any time, except as provided in the preceding sentence, the Title Company receives a certificate of either Seller or of Purchaser (for purposes of this Section 4.6, the “Certifying Party”) stating that: (a) the Certifying Party is entitled to receive the Xxxxxxx Money Deposit pursuant to the terms of this Agreement, and (b) a copy of the certificate was delivered as provided herein to the other party (for purposes of this Section 4.6, the “Other Party”) prior to or contemporaneously with the giving of such certificate to the Title Company, then, the Title Company shall notify the Other Party in writing of the Title Company’s receipt of such certificate. Unless the Title Company has then previously received, or receives within three (3) Business Days after such written notification to the Other Party of the Title Company’s receipt of the Certifying Party’s certificate, contrary instructions from the Other Party, the Title Company, within one (1) Business Day after the expiration of the foregoing three (3) Business Day period, will deliver the Xxxxxxx Money Deposit to the Certifying Party, and thereupon the Title Company will be discharged and released from any and all liability hereunder. If the Title Company receives contrary instructions from the Other Party within three (3) Business Days following such written notification to the Other Party of the Title Company’s receipt of said certificate, the Title Company will not so deliver the Xxxxxxx Money Deposit, but will continue to hold the same pursuant hereto, subject to Section 4.7.

  • Effect of Termination Notice Where Network Rail or the Train Operator has served a Termination Notice on the other:

  • Contents of Termination Notice A Termination Notice shall specify:

  • Payment after Notice of Termination The Manager’s acceptance of any payment of arrears or of any other payment for the use or occupation of the Room, after delivery of a notice terminating this Agreement to the Resident, does not operate as waiver of a notice of termination, nor reinstatement of this Agreement.

  • Withdrawal of Termination Notice Notwithstanding anything inconsistent contained in this Agreement, if the Party who has been served with the Termination Notice cures the underlying Event of Default to the satisfaction of the other Party at any time before the Termination occurs, the Termination Notice shall be withdrawn by the Party which had issued the same. Provided that the Party in breach shall compensate the other Party for any direct costs/consequences occasioned by the Event of Default which caused the issue of Termination Notice.

  • Termination on Notice The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving at least 30 days’ Notice to the Recipient.

  • Termination of Agreement If this Agreement is terminated by the Representatives in accordance with the provisions of Section 5 or Section 9(a)(i) hereof, the Company shall reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable fees and disbursements of counsel for the Underwriters.

  • Remedies Not Involving Termination The State, in its discretion, may exercise one or more of the following additional remedies:

  • Contract Termination Provision This contract may be terminated at any time by City for any cause without penalty or liability except as may otherwise be specified herein. Upon receipt of written notice by City, Engineer shall immediately discontinue all services and Engineer shall immediately terminate placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this contract and shall proceed to cancel promptly all existing contracts insofar as they are related to this contract. As soon as practicable after receipt of notice of termination, Engineer shall submit a statement showing in detail the services performed but not paid for under this contract to the date of termination. City shall then pay Engineer promptly the accrued and unpaid services to the date of termination, to the extent the services are approved by City. This contract may be terminated by Engineer with mutual consent of City at any time for any cause without penalty or liability except as may otherwise be specified herein. Engineer shall submit written notice to terminate contract and shall submit to City all plans and documents relative to the design of Project. City shall then ascertain cost to complete the balance of the work under this contract. If the cost to complete the balance of the work is greater than the unpaid contract amount, City shall retain all unpaid balances and, in addition, Engineer shall pay directly to City the difference in the unpaid balance and the cost to complete the work. In no case shall City pay Engineer any additional monies other than those previously paid under the contract.

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