Termination of Default. An Event of Default shall be deemed to have been terminated upon the earliest to occur of:
13.7.1. The date the Representative and the Company enter into a settlement of all claims; or
13.7.2. If an Acceleration has not been authorized by the Holders, the date the Company has paid (i) to the Holders, all payments due through such date; and (ii) to the Representative, all the fees and expenses described in section 12.3.2(f); or
13.7.3. If an Acceleration has been authorized by the Holders, the date the Company has paid (i) to the Holders all payments due through such date; and (ii) to the Representative, all the expenses described in section 12.3.2(f); but only if a Majority agrees to annul the demand for Acceleration.
Termination of Default. An Event of Default shall be deemed to have been terminated upon the earliest to occur of:
8.7.1. The date the Representative and the Company enter into a settlement of all claims; or
8.7.2. If the acceleration of the outstanding principal with respect to the Notes has not been authorized by the Holders, the date the Company has paid (i) to the Holders, all interest and principal due through such date; and (ii) to the Representative, all the fees and expenses described in section 9.3.2(f); or
8.7.3. If the acceleration of the outstanding principal with respect to the Notes has been authorized by the Holders, the date the Company has paid (i) to the Holders all interest and principal due through such date; and (ii) to the Representative, all the expenses described in section 9.3.2(f); but only if Holders holding a majority of the Notes, measured by the outstanding principal amount with respect to each Note, agree to annul the demand for acceleration.
Termination of Default. If Tenant defaults in performing any obligation arising out of this Master Lease and does not correct the default within 30 days (or such longer period as reasonably required based on the nature of the alleged breach) after receipt of written notice to Tenant and any lender, notice to whom is required by this Master Lease, Landlord may terminate this Master Lease.
Termination of Default. The Default will be terminated, and the full rights of the defaulting Party restored when: (i) the Default has been cured and all costs incurred by the non- defaulting Parties resulting from the Default of the defaulting Party, including monies placed by non-defaulting Parties into Make-up Reclamation Trust Funds and expended by the Trustee, have been reimbursed in full by the defaulting Party, with interest thereon at the Prime Rate plus two percent (2%) per annum or the maximum legal rate of interest, whichever is less, from the date of payment to the date of reimbursement; (ii) other arrangements acceptable to the non-defaulting Parties have been made; or (iii) the defaulting Party prevails in an arbitration or other legal proceeding in which the default status of the defaulting Party is at issue.
Termination of Default. The Default will be terminated, and the full rights of the defaulting Party restored when:
(i) the Default has been cured and all costs incurred by the non- defaulting Parties resulting from the Default of the defaulting Party have been reimbursed in full by the defaulting Party, with interest thereon at the Prime Rate plus two percent (2%) per annum or the maximum legal rate of interest, whichever is less, from the date of payment to the date of reimbursement; (ii) other arrangements acceptable to the non-defaulting Parties have been made; or (iii) the defaulting Party prevails in an arbitration or other legal proceeding in which the default status of the defaulting Party is at issue.
Termination of Default. In the event of any failure on the part of either party to perform its obligations under the terms of this Agreement, including, but not limited to, transmittal of required payments under this Agreement, the other party shall have the right to give immediate notice of default and, at its option, after first giving ten (10) days written notice thereof by certified mail to the party in default and notwithstanding any waiver by the party giving notice of any prior breach thereof, to terminate this Agreement, and the exercise of such right shall not impair any other rights of the parry giving notice under this Agreement or any rights of action against the defaulting party for the recovery of damages.
Termination of Default. (a) Buyer may terminate all or any part of this Order if Seller breaches any of the terms hereof including warranties or fails to make progress so as to endanger performance of this Order in accordance with its terms. Termination hereunder shall be effected by written notice to Seller.
(b) In the event Buyer terminates this Order in whole or in part as provided hereinabove, Buyer may procure, upon such terms and in such manner as Buyer deems appropriate, supplies or services similar to those so terminated, and Seller shall be liable to Buyer for any excess costs for such similar supplies or services, provided that Seller shall continue the performance of this Order to the extent not terminated under the provisions of this clause.
(c) Except with respect to defaults of subcontractors at any tier, Seller shall not be liable for excess costs if the failure to perform the Order arises out of causes beyond the control and without the fault or negligence of Seller. If the failure to perform is caused by the default of a subcontractor at any tier, and if such default arises out of causes beyond the control of both Seller and the subcontractor, and without the fault or negligence of either of them, Seller shall not be liable for any excess costs for failure to perform, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Seller to meet the required delivery schedule.
(d) If this Order is terminated for default, Buyer may require Seller to transfer to Buyer title and possession in the manner and to the extent directed by Xxxxx of (1) any completed items, and (2) such partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings,
Termination of Default. Either Party may terminate this Agreement in the event of the material breach or material default by the other Party of the material terms and conditions hereof which is not cured, as set forth in this Section 13.2. In the event of such a material breach or material default, the terminating Party will first give to the other Party written notice of the proposed termination of this Agreement, specifying the grounds therefor. Upon receipt of such notice, the other Party will have one hundred eighty (180) days to cure such material breach or material default. In the event of determination in a final, non-appealable decision by a court of competent jurisdiction that such other Party has committed, and failed to cure, such breach or default within such period, then this Agreement will terminate automatically upon such determination. Termination of this Agreement pursuant to this Section 13.2 will not affect any other rights or remedies which may be available to the non-defaulting Party.”
E. Section 13.4 of the Original Agreement is hereby deleted in its entirety and the following inserted in lieu thereof:
Termination of Default. FORCE MAJEURE
Termination of Default. If Tenant shall default in the payment when due of any installment of rent or in the payment when due of any additional rent and such default shall continue for a period of ten (10) days after notice by Landlord to Tenant of such default, or if this lease and the Demised Term shall expire and come to an end as provided in Article 28:
