Termination of Agreement by the Company. This Agreement may be terminated by the Company immediately by providing notice to the Executive pursuant to Section 12 hereof upon the occurrence of any of the following:
(a) For Cause (as defined below);
(b) The death of the Executive;
(c) The Disability (as defined below) of the Executive; or
(d) Without Cause, upon written notice to the Executive.
Termination of Agreement by the Company. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days prior written notice, by the Company upon the occurrence of any of the following events:
(i) The Dealer Manager or any of its affiliates materially breaches this Agreement; provided, however, that the party in breach of this Agreement shall have thirty (30) calendar days after the receipt of notice of such breach from the non-breaching party to cure such breach;
(ii) Any fraud, criminal conduct or willful misconduct by the Dealer Manager in any action or failure to act undertaken by such party pertaining to or having a detrimental effect upon the Dealer Manager’s ability to perform its duties provided that Dealer Manager does not cure any such act thirty (30) calendar days after the receipt of notice of such act (or at such later time as stated in the notice) from the Company;
(iii) The entry of a decree or order for relief by a court of competent jurisdiction in respect of the Dealer Manager in any involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or appointment of a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of the Dealer Manager or for any substantial part of its property or an order winding up or liquidating such party’s affairs;
(iv) The commencement of a voluntary case by the Dealer Manager under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent by the Dealer Manager to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment of or the taking of possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of the Dealer Manager or of any substantial part of its property, or the making of any general assignment for the benefit of creditors, or its admission of insolvency or its failure generally to pay its debts as they become due;
(v) The aggregate amount of Shares to be offered by the Company under the Offering has been issued and sold or the Offering is terminated or discontinued; and
(vi) The Company issues and offers for sale Shares in excess of the Offering and no subsequent agreement for the sale of such additional Shares is executed between the Company, the Company and their affiliates, on the one hand, and the Dealer Manager and its affiliates, on the other.
Termination of Agreement by the Company. This Agreement may be terminated by the Company in accordance with the following provisions:
(a) If XX. XXXXXXXX materially violates accepted standards of moral conduct, or if XX. XXXXXXXX commits an act of fraud, dishonesty, or embezzlement, the Company may terminate this Agreement, without prejudice to any other remedy available to the Company either at law, in equity or under this Agreement; provided, however, that prior to the effective date of such termination, XX. XXXXXXXX shall be given an opportunity at a specially convened meeting of the Company's Board of Directors to respond to the allegations triggering such termination.
(b) If XX. XXXXXXXX is convicted of: (i) a misdemeanor involving moral turpitude; or (ii) a felony of any nature during the term of his employment, the Company may terminate this Agreement, without prejudice to any other remedy available to the Company either at law, in equity or under this Agreement.
(c) If XX. XXXXXXXX commits an act, or fails to act, by which XX. XXXXXXXX willfully breaches this Agreement, or if XX. XXXXXXXX habitually neglects the duties that he is required to perform under the terms of this Agreement, the Company may terminate this Agreement, without prejudice to any other remedy available to the Company either at law, in equity or under this Agreement.
(d) In the event of termination under this Section 17, the Company's obligations to XX. XXXXXXXX under this Agreement shall cease, except for monthly compensation accrued to the date of termination. Concurrent with any termination under this Section 17, the Company shall provide XX. XXXXXXXX with a written explanation of the ground(s) for termination. This Agreement may be terminated by XX. XXXXXXXX in accordance with the following provisions:
(e) In the event that the Company breaches this Agreement as set forth in Sections 4 to 7 of this Agreement.
(f) If XX. XXXXXXXX chooses to willfully leave the Company after submitting his resignation.
Termination of Agreement by the Company. Despite anything to the contrary contained in this Agreement hereunder, Company may terminate this Agreement with 60 days written notice to consultant.
Termination of Agreement by the Company. It is understood and agreed that either party hereof, may at any time and for any reason whatsoever, terminate this agreement by giving thirty (30) days prior written notice to the other party. At the conclusion of this agreement, or its termination, all data provided by WLWD to Consultant shall be returned to WLWD. All compensation due for completed services through the date of termination shall be paid to Consultant immediately upon termination.
Termination of Agreement by the Company. (a) The Company may terminate this Agreement at any time without advance notice in the event Executive commits any act of gross misconduct or willfully neglects to fulfill his duties under this Agreement. If this Agreement is terminated pursuant to this Section 2.1(a), Executive shall be entitled to only his salary plus accrued vacation pay through the date of such termination, and the Company shall have no further obligations to Executive.
(b) The Company may terminate this Agreement at any time; provided, however, that if Executive's employment is terminated by the Company other than pursuant to Section 2.1(a) or Article IV, Executive shall be entitled to payment by the Company of (i) $100,000 in cash, (ii) a pro rata portion of the annual bonus provided for in Section 3.2, and (iii) COBRA insurance benefits until the earlier of (x) 18 months from the date of such termination or (y) such time as Executive obtains health insurance benefits from another employer, and the Company shall have no further obligations to Executive.
Termination of Agreement by the Company. (a) If an Event of Default described in Section 8.03(a) shall occur, and if such Event of Default shall continue for a period of sixty (60) days after the County shall have received notice from the Company (describing in reasonable detail the nature of the Event of Default), and the County has neither remedied, nor has commenced and continued to pursue a remedy for any such Event of Default with due diligence, then the Company may terminate this Agreement upon sixty (60) days prior written notice to the County and pursue all available legal remedies, without prejudice to the limitations set forth in Section 9.08.
(b) If an Event of Default described in Sections 8.03(b) or (c) shall occur and be continuing, then the Company may terminate this Agreement upon thirty (30) days prior written notice to the County and pursue all available legal remedies, without prejudice to the limitations set forth in Section 9.08.
(c) If any Event of Default described in Section 8.03 shall occur, and the Company elects to terminate this Agreement, the County shall be solely responsible for payment of the Bonds and shall forgive all indebtedness of the Company to the County arising under any Project Agreement. In addition, the Company may pursue any and all remedies available to it at law or in equity.
Termination of Agreement by the Company. The Company may, --------------------------------------- at any time at least 15 days after commencement of solicitation of acceptances, by giving written notice to all Noteholders, terminate its obligations hereunder if it reasonably and in good faith then believes that Noteholders holding at least two-thirds of the outstanding principal amount of the Notes voting on the Plan will not timely deliver Acceptances, either because of the receipt of written notices from Noteholders under Section 3 above, breaches of this Agreement by Noteholders, or otherwise.
Termination of Agreement by the Company a. The Company is permitted to terminate this Agreement immediately without providing written notice on the event that you become bankrupt, insolvent or go into liquidation or if you enter into a voluntary arrangement or have a receiver or an administrator appointed over any or all of your assets.
b. The Company is permitted to terminate this Agreement on the event that:-
(i) You breach the terms of this Agreement and do not remedy the breach within fourteen (14) calendar days of being notified of the breach;
(ii) There are monies owed on your account in excess of sixty (60) calendar days;
(iii) If the Network shuts down for any reason; or
(iv) If you provide the Company with false information.
Termination of Agreement by the Company. Notwithstanding anything to the contrary contained in this Agreement hereunder, Company may terminate this Agreement if any of the following events occur:
A. FAILURE TO FOLLOW INSTRUCTIONS. The Company can terminate this Agreement if Consultant fails to follow Company's instructions. Company must inform Consultant that Consultant's actions or inactions are unacceptable and give Consultant fifteen (15) normal business days to comply with Company's instructions. If Consultant fails to comply, or at a later date makes the same unacceptable action or inaction, Consultant may immediately be terminated hereunder by Company's delivery of an applicable written "Notice of Termination" to Consultant.
