Termination Prior to Commencement Date. In the event that the Contract terminates for any reason before the Commencement Date, Shipper shall pay to Enbridge a termination charge (“Termination Charge”). The Termination Charge will be calculated by Enbridge based upon the aggregate of all internal and external costs, expenses and overheads incurred by Enbridge in relation to the construction, installation and connection of the meter station as contemplated under the Contract and/or resulting from the termination, including but not limited to those relating to: site, meter station and pipeline design and studies, obtaining regulatory approvals, permitting fees, site preparation, construction, material, equipment, third party parts and components, maintenance, decommissioning, site restoration and associated cancellation fees. The parties agree, in the event the calculation of the Termination Charge is necessary pursuant to this paragraph (a), that the second paragraph of Article XII Default and Termination of M13 Rate Schedule “A 2013” (or any subsequent replacement or amendment thereof) is of no force and effect, and is instead replaced by the following: “In the event that the Contract is terminated pursuant to Section 2. Termination and Default, paragraph (a) of the Special Provisions contained in Schedule 1, the parties hereto agree that they shall continue to be bound only by the terms and conditions set forth in the Contract but only for the purpose of:
(i) determining the actual quantities in Xxxxxxx's Producer Balancing Account with such determination being subject to Article X. Such extended period of time shall not exceed one (1) year from the date of termination of the Contract; and
(ii) Shipper paying to Enbridge the Termination Charge, which amount shall be paid to Enbridge within 30 days after such invoice is issued by Enbridge. Should Shipper fail to pay all or part of the invoice Shipper shall pay to Enbridge interest on the unpaid portion of the invoice accruing at a rate per annum equal to the minimum commercial lending rate of Enbridge's principal banker in effect from time to time from the due date until the date of payment.”
Termination Prior to Commencement Date. This Agreement may be terminated by Memorial prior to the Commencement Date upon the occurrence of one of the following events:
6.2.1. Memorial reasonably determines that Fellow will not have obtained all necessary licenses and certifications required under Florida laws and regulations to participate in the Fellowship Program prior to the Commencement Date; or
6.2.2. Fellow fails to pass or satisfy any Memorial human resource screening, testing or other examination required to be satisfied by every Memorial employee and Fellow; or, if applicable,
6.2.3. For graduates of a foreign medical school: Fellow fails to successfully obtain any required work authorization, including but not limited to a J-1 training visa, and/or complete any other required work documents prior to the Commencement Date.
Termination Prior to Commencement Date. 3.4.1 In the event:
(a) the Conditions Precedents are not satisfied, waived and/or deferred on or prior to the date falling ninety (90) days fromthe Scheduled Commencement Date, (including the extended time, if any) due to reasons attributable to the Concessionaire; and/or
(b) of occurrence of a Concessionaire Event of Default prior to the Commencement Date; theGoS shall have the right (to be exercised in its sole and absolute discretion) to terminate this Agreement by issuance of a written Termination Notice to the Concessionaire. In such case, GoS shall (within fourteen (14) days of the receipt of the Termination Notice by the Concessionaire) forfeit the Bid Security or the Construction Performance Security (as in effect at such time). Further, in case the GoS opts so, the Class A Shares (if issued) of the Concessionaire shall be transferred by the Sponsor to the GOS (or its nominee) against the face value of same. Except for (a) said transfer of Class A Shares, (b) any other rights of Parties set out in the Funding & Utilization Agreement and
(c) the forfeiture of the Bid Security or the Construction Performance Security (as in effect at such time) in terms of this Section 3.4.1, each Party hereto shall have no claims against the other for costs, damages, compensation or otherwise for such termination of this Agreement.
3.4.2 In the event:
(a) the Conditions Precedents are not satisfied, waived and/or deferred on or prior to the date falling ninety (90) days from the Scheduled Commencement Date, (including the extended time, if any) due to reasons attributable to the GoS; and/or
(b) of occurrence of a GoS Event of Default prior to Commencement Date; the Concessionaire shall have the right (to be exercised in its sole discretion) to terminate this Agreement by issuance of a written Termination Notice to the GoS. In such case, the GoS shall (within fourteen (14) days of its receipt of the Termination Notice):
(a) return the Bid Security or the Construction Performance Security (as in effect at such time) to the Concessionaire without any encashments, demands or claims; In case the GoS opts so, the Class A Shares (if issued) of the Concessionaire shall be transferred by the Sponsor to the GoS (or its nominee) against the face value of same.
(a) said transfer of Class A Shares (if issued), (b) any rights set out in the Funding & Utilization Agreement and (c) the return of the Bid Security or the Construction Performance Security (as the case may be) in term...
Termination Prior to Commencement Date. (a) Prior to the date that is thirty (30) days before the Start Date, the tenant may terminate this Tenancy Agreement on written notice to the Landlord.
Termination Prior to Commencement Date. 3.5.1 In the event:
Termination Prior to Commencement Date. By delivery to Grantor of a written notice of termination prior to the Commencement Date, the Town will have the right to terminate the exercise of its Lease Option if the Town is not satisfied with the results of its diligence activities, for any other reason, or for no reason.
Termination Prior to Commencement Date. Each party (such party (the “Terminating Party”) shall have the right to terminate this Lease prior to the Commencement Date as follows:
(a) Pursuant to Section 1.4.1 or Section 1.4.2, as applicable, the Terminating Party may terminate this Lease after the Pre-Commencement Expiration Date if any of the conditions precedent to such Terminating Party’s obligations as set forth in Section 1.4.1 or Section 1.4.2, as applicable, have not been satisfied as of the date of the Termination Notice (as hereinafter defined) (other than due to the failure of the Terminating Party to perform in all material respects its obligations hereunder). In such situation, upon written notice (“Termination Notice”) to the other party (such party, the “Non-Terminating Party”) given by the Terminating Party after the Pre-Commencement Expiration Date, this Lease shall terminate.
(b) If this Lease is terminated by Landlord or Tenant pursuant to this Section 1.4 or by mutual written consent, this Lease shall be deemed null and void and the parties shall have no further obligations to each other arising under the Lease, except to the extent that any such obligations survive the expiration or earlier termination of this Lease and except that no party shall be relieved of any liability for any intentional breach of any provision of this Agreement. Notwithstanding anything to the contrary herein, Landlord shall not be responsible for any Termination Costs (as defined hereinafter) due to a termination in accordance with this Section 1.4.
Termination Prior to Commencement Date. If the WSS Acquisition is not completed by September 30, 1999, either party hereto may terminate this Agreement upon written notice to the other, and in such event, this Agreement shall be of no further force and effect and neither party shall have any liability to the other under or in respect of this Agreement, other than as specified in Section 17 hereof which section shall survive such termination.
Termination Prior to Commencement Date. This Agreement may be terminated at any time prior to the Commencement Date:
(a) by mutual written consent of MHL and Xxxxxx;
(b) by either MHL or Xxxxxx if the Commencement Date has not occurred prior to March 31, 2008, or such later date as MHL and Xxxxxx shall agree in writing;
(c) by either MHL or Xxxxxx if the other of them shall have failed, or be unable, to comply with any of its obligations under this Agreement;
(d) by either MHL or Xxxxxx if there shall have occurred any event, development or circumstance after the date hereof and prior to the Commencement Date which materially and adversely affects the proposed Business, or upon the ability of either MHL or Xxxxxx or the Company to realise the benefits currently anticipated to result from such Business; or
(e) by either MHL and Xxxxxx if prior to the Commencement Date there shall have been a material breach by either of such Parties of any representation or warranty contained in this Agreement and such breach remains uncured for more than twenty (20) days following written notice of such breach by such Party to the other Party.
