Termination; Other Remedies. Notwithstanding anything else in this Agreement, with respect to: (i) a default under Section 7.2(i), upon Client’s failure to cure such default within ten (10) days after written notice of default, or (ii) all other defaults, upon the either party’s failure to cure such default within thirty (30) days after written notice of default, either party (as applicable) may take any or all of the following actions:
(a) terminate this Agreement and/or access to any of the Materials upon written notice;
(b) declare all amounts due to be immediately due and payable; and/or
(c) exercise any of its other rights or remedies hereunder and under applicable law (except to the extent expressly excluded hereunder). In addition, either party may terminate upon written notice to the other party hereto in the event that:
Termination; Other Remedies. (a) If Franchisee commits or allows an Event of Default to occur and does not cure it before the related remedial period, if any, expires, Company has the right to terminate the franchise and Franchisee's rights under this Agreement or compel Franchisee to sell the Restaurant in accordance with Section 16(d). Upon termination or expiration of the franchise, Franchisee’s right and privilege to use the Marks, the Copyrighted Materials, the Trade Secrets and all components of the Operations Manual shall absolutely and unconditionally cease. Franchisee shall immediately:
(1) discontinue use of the Marks, the Copyrighted Materials, the System and the Trade Secrets;
(2) return to Company the entire Operations Manual and any other printed, graphic or audio-visual item designated by Company as containing Trade Secrets;
(3) remove from the Restaurant's premises all interior and exterior Dick’s Wings signs and other uses of the Marks; and
(4) alter the Restaurant's interior to remove all Trade Dress items and otherwise eliminate the distinctive features of the Restaurant concept. Effective: January 1, 2009
(b) Upon the franchise's termination or expiration, Company may immediately file with Franchisee's local telephone company all Assignments of Telephone Number(s) that Franchisee provided Company, and may instruct the telephone company to transfer use and control of the Restaurant's telephone number(s) to Company or its designee. Franchisee irrevocably constitutes and appoints Company and its designees as Franchisee's agent and attorney in fact to affect the transfer of the Restaurant's telephone number(s), including authority to execute and deliver on Franchisee's behalf any Transfer of Service Agreement the telephone company requires, and to revoke any call-forwarding or similar instructions Franchisee has given the telephone company. Company shall have no liability to Franchisee on account of or arising from any action it authorizes or takes to affect the transfer of the Restaurant's telephone number(s) in accordance with this Section 16(b). In addition, Company shall be entitled to injunctive or similar relief, without bond, against Franchisee and any other person bound under Section 22 to enforce compliance with these requirements.
(c) If Franchisee does not comply with the requirements of Section 16(a) within seven days after the franchise's termination or expiration, Company may, at Franchisee's expense, enter the Restaurant's premises and effect Franchisee'...
Termination; Other Remedies. A. Neither MaineDOT nor the City will have the right to terminate this Agreement for convenience. If ARPA Funds or State Funds become unavailable to fund the Project as the result of a federal or State governmental directive, MaineDOT will have the right to terminate this Agreement after fifteen (15) days prior written notice to the City. In the event of termination of this Agreement by MaineDOT, MaineDOT will have no liability for payment of any funds to the City for work performed after the effective date of termination.
B. In addition, if MaineDOT determines that the City has failed to complete the Project in accordance with this Agreement, or has used ARPA Funds or State Funds for any purpose other than as provided in this Agreement, or has failed to submit all required reports to MaineDOT as provided in this Agreement, MaineDOT will also have the right to terminate this Agreement, withhold all further disbursements of funds, recoup funds disbursed to the City, set off amounts of funds otherwise payable to the City against amounts that the City is required to pay or return to MaineDOT, and pursue all other legal remedies that may be available to MaineDOT after written notice of non- compliance is provided to the City and the City fails to cure the non-compliance within a reasonable period specified in the notice, in MaineDOT’s judgment. MaineDOT will have the right to recover its attorneys’ fees and legal costs in the exercise of its legal remedies.
C. No waiver of any non-compliance with, or breach of, any one or more of the provisions of this Agreement will be deemed to imply or constitute a waiver of any subsequent non- compliance with, or breach of, the same or different provision.
Termination; Other Remedies. The Issuer shall have the right to terminate this Agreement and the tax savings if (a) the Company or Guarantor fails to pay, when due, a PILOT Payment, a Recovery Payment or any other amount owing hereunder, (b) the Bond is not issued before December 31, 2026, (c) construction of the Project is not substantially complete, subject to Force Majeure, as evidenced by AIA Certificate of Substantial Completion within 60 months of the issuance of the Bond, or (d) at any time during the Incentive Term, the Company fails to provide 36 Inclusionary Housing Units or otherwise fails to comply with the Inclusionary Housing Ordinance. In addition, the Issuer may pursue any other remedy available to it to enforce its rights hereunder. Notwithstanding anything herein to the contrary, upon a termination of the Rental Agreement, this Agreement shall simultaneously be terminated and be of no further force and effect.
Termination; Other Remedies. (a) This Agreement may be terminated and the transactions contemplated hereby may be abandoned at any time, but not later than the Closing Date:
(i) by the mutual consent of Purchaser and Seller;
(ii) by Purchaser, if Seller is in material breach of this Agreement and such breach continues for ten (10) days following written notice from Purchaser to Seller and the Committee; or, in the alternative, by Seller, if Purchaser is in material breach of this Agreement and such breach continues for ten (10) days following written notice from Seller to Purchaser and the Committee;
(iii) by Purchaser or Seller if the Closing Date does not occur prior to April 30, 2002;
(iv) by Purchaser as a result of a timely Election; or
(v) by Purchaser or Seller, if such termination is express y permitted pursuant to another provision of this Agreement.
(b) Upon the termination of this Agreement pursuant to Section 13.1(a), provided that Purchaser is not in default hereunder, Purchaser shall obtain a return of any payments made together with any interest earned thereon, and neither Seller nor Purchaser shall have any further liability to the other hereunder, except as otherwise specifically provided in this Agreement. This Section 13.1 (b) shall survive the termination of this Agreement.
