Common use of Termination Remedies Clause in Contracts

Termination Remedies. Customer may terminate a Purchase Order for any reason upon thirty (30) days’ written notice to Supplier. Customer shall pay Supplier for those conforming Products delivered to Customer through the date of termination, less appropriate offsets. Supplier shall cease to provide Products under the Purchase Order on the date of termination specified in such notice. Supplier may terminate the Purchase Order upon written notice to Customer if Customer fails to pay Supplier any amounts not reasonably in dispute within sixty (60) days after Supplier notifies Customer in writing that payment is past due. Upon the expiration or termination of the Purchase Order for any reason: (a) each party will be released from all obligations to the other arising after the date of expiration or termination, except for those which by their terms survive such termination or expiration as well as any other provision that, in order to give proper effect to its intent, should survive such expiration or termination; and (b) Supplier will promptly notify Customer of all Customer Confidential Information or any Work Product in Supplier's possession and, at the expense of Supplier and in accordance with Customer's instructions, will promptly (i) deliver to Customer all such Customer Confidential Information and/or Work Product, or (ii) destroy all such Customer Confidential Information and certify in writing to Customer that it has complied with the requirements of this clause. The rights and remedies of Customer under the Purchase Order and these Terms are cumulative and not exclusive of any rights or remedies to which Customer is entitled by law. The exercise by Customer of any singular right or remedy will not preclude Customer from exercising any other right or remedy under any Purchase Order or these Terms or to which Customer is otherwise entitled by law. Supplier acknowledges and agrees that the obligations and promises of Supplier under a Purchase Order are of a unique nature giving them particular value, and that Supplier's breach of any of the promises contained in the Purchase Order will result in irreparable and continuing damage to Customer for which there will be no adequate remedy at law. In the event of such breach, Customer will be entitled to seek injunctive relief or specific performance without any requirement to post a bond or other security, and without any requirement to prove actual damages or that monetary damages will not afford an adequate remedy.

Termination Remedies. Customer may If an Event of Default occurs -------------------- then, subject to section 15.15 hereof, Landlord shall have the right at any ------------- time to terminate a Purchase Order for any reason upon thirty (30) days’ this Lease by written notice or to Supplierterminate Tenant's right to possession of the Premises by written notice. Customer Upon such termination of this Lease or of Tenant's right to possession, Landlord shall pay Supplier for those conforming Products delivered have, in addition to Customer through all remedies available at law or in equity, the date full and immediate right to possession of the Premises and, to the extent permitted by law now or at such time, Landlord shall have the right to recover from Tenant all unpaid rent which had been earned at the time of termination, all unpaid rent for the balance of the term of this Lease after termination (less appropriate offsetsthe reasonable rental value of the Premises for such period, all discounted to then present value at 8.0% per annum), and all other amounts necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform all of Tenant's obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation, a limited right to consequential damages. Supplier In order for Landlord to recover consequential damages against Tenant, the act or omission giving rise to such consequential damage claim must have been committed by Tenant in bad faith through willful misconduct. Absent a finding of such bad faith and willful misconduct on Tenant's part, Landlord waives any claim to consequential damages. In addition, and notwithstanding the foregoing to the contrary, Landlord's right to recover an award for damages, whether actual or consequential (excluding damages related to payment of Base Rent and additional rent) shall cease be limited to provide Products under and shall not exceed Two Hundred Million Dollars ($200,000,000.00). Further notwithstanding the Purchase Order on foregoing, the date of termination specified in such notice. Supplier maximum damages that Landlord may terminate recover for Base Rent and additional rent related to time periods following the Purchase Order upon written notice to Customer if Customer fails to pay Supplier any amounts not reasonably in dispute within sixty (60) days after Supplier notifies Customer in writing that payment is past due. Upon the expiration or termination of the Purchase Order for any reason: (a) each party will be released from all obligations this Lease or following termination of Tenant's right to the other arising after the date of expiration or termination, except for those which by their terms survive such termination or expiration as well as any other provision that, in order to give proper effect to its intent, should survive such expiration or termination; and (b) Supplier will promptly notify Customer of all Customer Confidential Information or any Work Product in Supplier's possession and, at the expense of Supplier and in accordance with Customer's instructions, will promptly (i) deliver to Customer all such Customer Confidential Information and/or Work Product, or (ii) destroy all such Customer Confidential Information and certify in writing to Customer that it has complied with the requirements of this clause. The rights and remedies of Customer under the Purchase Order and these Terms are cumulative and not exclusive of any rights or remedies to which Customer is entitled by law. The exercise by Customer of any singular right or remedy will not preclude Customer from exercising any other right or remedy under any Purchase Order or these Terms or to which Customer is otherwise entitled by law. Supplier acknowledges and agrees that the obligations and promises of Supplier under a Purchase Order are of a unique nature giving them particular value, and that Supplier's breach of any of the promises contained in the Purchase Order will result in irreparable Premises, shall be limited to three years of Base Rent and continuing damage to Customer for which there will be no adequate remedy at law. In the event of such breach, Customer will be entitled to seek injunctive relief or specific performance without any requirement to post a bond or other security, and without any requirement to prove actual damages additional rent or that monetary damages will not afford an adequate remedyamount which Landlord is able to recover by applicable law, whichever is less.

Termination Remedies. Customer may terminate (a) Upon or after the occurrence of an Event of Default, a Purchase Order for any reason upon Party shall give written notice to the other Party, setting forth the nature of the Event of Default ("Notice of Default"). If the Party in default fails to demonstrate within thirty (30) days’ written notice days after receipt of the Notice of Default that all necessary and reasonable actions to Supplier. Customer shall pay Supplier remedy the Event of Default has been taken, then the Party alleging default may elect to terminate this Agreement and it may xxx for those conforming Products delivered any other damages to Customer through the date of termination, less appropriate offsets. Supplier shall cease to provide Products under the Purchase Order on which such Party may be entitled at law or in equity (except that no claim for fees due after the date of termination specified shall be made if Licensee's Event of Default is solely that listed in such noticeSubparagraph 12 (a)(v). (b) At the expiration or earlier termination of this Agreement (the "Termination Date") and subject to Subparagraph 13(c), Licensee shall, at Licensee's sole cost and expense, without liens, remove Licensee's Equipment and all of Licensee's personal property from the Building. Supplier may terminate the Purchase Order upon written notice to Customer if Customer fails to pay Supplier any amounts Any property not reasonably in dispute so removed within sixty thirty (6030) days after Supplier notifies Customer in writing that payment is past due. Upon the expiration or termination of the Purchase Order for any reason: (a) each party will be released from all obligations to the other arising after the date of expiration or termination, except for those which by their terms survive such termination or expiration as well as any other provision that, in order to give proper effect to its intent, should survive such expiration or termination; and (b) Supplier will promptly notify Customer of all Customer Confidential Information or any Work Product in SupplierTermination Date may at Licensor's possession and, at the expense of Supplier and in accordance with Customer's instructions, will promptly sole option (i) deliver to Customer all such Customer Confidential Information and/or Work Product, be removed and stored by Licensor at Licensee's expense or (ii) destroy all such Customer Confidential Information and certify in writing become the property of Licensor without compensation to Customer that it has complied with the requirements of this clauseLicensee. The rights and remedies of Customer under the Purchase Order and these Terms are cumulative and not exclusive of any rights or remedies to which Customer is entitled by law. The exercise by Customer of any singular right or remedy will not preclude Customer from exercising any other right or remedy under any Purchase Order or these Terms or to which Customer is otherwise entitled by law. Supplier acknowledges and agrees that the obligations and promises of Supplier under a Purchase Order are of a unique nature giving them particular value, and that Supplier's breach of any As of the promises contained in the Purchase Order will result in irreparable and continuing damage to Customer for which there will be no adequate remedy at law. In the event date of such breachremoval, Customer will be entitled neither party shall have any claim against the other, except for claims or obligations that may have arisen or accrued prior to seek injunctive relief the Termination Date or specific performance without any requirement to post a bond arise by reason of removal of Communications Equipment or other securityproperty removal. Licensee agrees, at its sole cost and without expense, to repair or refinish all damage caused by the operation or removal of Licensee's Equipment, excepting damage caused by ordinary wear and tear. If Licensee fails to repair or refinish any requirement to prove actual damages such damage, Licensor may, in its sole discretion, repair or that monetary damages will not afford an adequate remedyrefinish such damage and Licensee shall reimburse Licensor of all costs and expenses incurred in such repair or refinishing (c) Notwithstanding Subparagraph 13(b): (i) Licensee's Connecting Equipment and copper in building riser cable shall remain in place for use by other local exchange carriers as stipulated in CRTC decision 2003-45.

Termination Remedies. Customer may (a) Each party hereto shall have the right to terminate this Agreement due to a Purchase Order for breach by the other party of any reason upon term of this Agreement, including but not limited to, the representations, warranties and covenants set forth herein, following written notice of said breach to the breaching party and failure of the breaching party to cure a breach which is curable within thirty (30) days’ business days of receipt of the notice. Incurable breaches shall not be subject to the notice and cure provision and shall entitle Licensor to immediately terminate the Agreement, and shall include the following: (i) in the event that Licensee uses the Licensed Property contrary to Licensor's approval, commits any illegal or illicit act; (ii) Licensee permits the cancellation of any insurance coverage in which Licensor is a covered insured; (iii) Licensee takes any action which harms the value of the Licensed Prxxxxxy which is not capable of being cured by Licensee within thirty (30) business days of being notified by Licensor; and (iv) if any financial obligation of Licensee to Licensor is not satisfied within ten (10) business days of notice by Licensor to Licensee. Licensor may terminate this Agreement at any time by giving written notice to Supplier. Customer shall pay Supplier for those conforming Products delivered to Customer through the date of termination, less appropriate offsets. Supplier shall cease to provide Products under the Purchase Order on the date of termination specified in such notice. Supplier may terminate the Purchase Order upon written notice to Customer Licensee if Customer fails to pay Supplier any amounts not reasonably in dispute within sixty (60) days after Supplier notifies Customer in writing that payment is past due. Upon the expiration or termination of the Purchase Order for any reason: (a) each party will be released from all obligations to Licensee is involuntarily dissolved, makes an assignment for the other arising after the date benefit of expiration creditors, files a voluntary petition in bankruptcy or termination, except for those which by their terms survive such termination or expiration as well as any other provision that, in order to give proper effect to its intent, should survive such expiration or termination; and (b) Supplier will promptly notify Customer Licensor becomes aware that Licensee has committed any act or become involved in any situation or occurrence which, in the reasonable opinion of all Customer Confidential Information Licensor, brings Licensor or any Work Product in Supplier's possession andthe Licensed Property into public disrepute, at the expense of Supplier and in accordance with Customer's instructions, will promptly (i) deliver to Customer all such Customer Confidential Information and/or Work Productscandal or ridicule, or shocks or offends the community, or reflects unfavorably upon the Licensed Property which is not cured by Licensee within five (ii5) destroy all such Customer Confidential Information and certify in writing to Customer business days of being notified by Licensor. (b) Licensee acknowledges that a breach by it has complied with the requirements of this clause. The rights and remedies of Customer under the Purchase Order and these Terms are cumulative and not exclusive of any rights or remedies to which Customer is entitled by law. The exercise by Customer of any singular right or remedy will not preclude Customer from exercising any other right or remedy under any Purchase Order or these Terms or to which Customer is otherwise entitled by law. Supplier acknowledges and agrees that the obligations and promises of Supplier under a Purchase Order are of a unique nature giving them particular value, and that Supplier's breach of any of its obligations set forth herein will cause Licensor irreparable harm or damage, the promises contained monetary amount of which would be difficult, if not impossible, to ascertain. Licensee therefore agrees that Licensor and its successors and assigns shall have the right, in the Purchase Order will result in irreparable and continuing damage addition to Customer for which there will be no adequate remedy at law. In the event of such breachseeking monetary damages, Customer will be entitled to seek injunctive relief or and obtain the remedy of specific performance without and/or injunction with respect to any violation or threatened violation of any provision of this Agreement. Licensee agrees to waive the requirement to that Licensor post a bond or other security, and without in any requirement to prove actual damages or that monetary damages will not afford an adequate remedysuch proceeding.

Termination Remedies. Customer may terminate (a) Upon or after the occurrence of an Event of Default, a Purchase Order for any reason upon Party shall give written notice to the other Party, setting forth the nature of the Event of Default (“Notice of Default”). If the Party in default fails to demonstrate within thirty (30) days’ written notice days after receipt of the Notice of Default that all necessary and reasonable actions to Supplier. Customer shall pay Supplier remedy the Event of Default has been taken, then the Party alleging default may elect to terminate this Agreement and it may sue for those conforming Products delivered any other damages to Customer through the date of termination, less appropriate offsets. Supplier shall cease to provide Products under the Purchase Order on which such Party may be entitled at law or in equity (except that no claim for fees due after the date of termination specified shall be made if Licensee’s Event of Default is solely that listed in such noticeSubparagraph 12 (a)(v). (b) At the expiration or earlier termination of this Agreement (the “Termination Date”) and subject to Subparagraph 13(c), Licensee shall, at Licensee’s sole cost and expense, without liens, remove Licensee’s Equipment and all of Licensee’s personal property from the Building. Supplier may terminate the Purchase Order upon written notice to Customer if Customer fails to pay Supplier any amounts Any property not reasonably in dispute so removed within sixty thirty (6030) days after Supplier notifies Customer in writing that payment is past due. Upon the expiration or termination of the Purchase Order for any reason: (a) each party will be released from all obligations to the other arising after the date of expiration or termination, except for those which by their terms survive such termination or expiration as well as any other provision that, in order to give proper effect to its intent, should survive such expiration or termination; and (b) Supplier will promptly notify Customer of all Customer Confidential Information or any Work Product in Supplier's possession and, Termination Date may at the expense of Supplier and in accordance with Customer's instructions, will promptly Licensor’s sole option (i) deliver to Customer all such Customer Confidential Information and/or Work Product, be removed and stored by Licensor at Licensee’s expense or (ii) destroy all such Customer Confidential Information and certify in writing become the property of Licensor without compensation to Customer that it has complied with the requirements of this clauseLicensee. The rights and remedies of Customer under the Purchase Order and these Terms are cumulative and not exclusive of any rights or remedies to which Customer is entitled by law. The exercise by Customer of any singular right or remedy will not preclude Customer from exercising any other right or remedy under any Purchase Order or these Terms or to which Customer is otherwise entitled by law. Supplier acknowledges and agrees that the obligations and promises of Supplier under a Purchase Order are of a unique nature giving them particular value, and that Supplier's breach of any As of the promises contained in the Purchase Order will result in irreparable and continuing damage to Customer for which there will be no adequate remedy at law. In the event date of such breachremoval, Customer will be entitled neither party shall have any claim against the other, except for claims or obligations that may have arisen or accrued prior to seek injunctive relief the Termination Date or specific performance without any requirement to post a bond arise by reason of removal of Communications Equipment or other securityproperty removal. Licensee agrees, at its sole cost and without expense, to repair or refinish all damage caused by the operation or removal of Licensee’s Equipment, excepting damage caused by ordinary wear and tear. If Licensee fails to repair or refinish any requirement to prove actual damages such damage, Licensor may, in its sole discretion, repair or that monetary damages will not afford an adequate remedyrefinish such damage and Licensee shall reimburse Licensor of all costs and expenses incurred in such repair or refinishing (c) Notwithstanding Subparagraph 13(b): (i) Licensee’s Connecting Equipment and copper in building riser cable shall remain in place for use by other local exchange carriers as stipulated in CRTC decision 2003-45.

Termination Remedies. Customer Xxxxx may terminate a Purchase Order the Agreement, and/or any Service(s), for any reason upon thirty (30) days’ written notice to SupplierSeller. Customer Unless termination by Xxxxx is based on Seller’s failure to perform or other breach of the Agreement, filed petition in bankruptcy, insolvency, or dissolution (or equivalent thereof), or other legal cause, such termination resulting in Xxxxx owing nothing to Seller, Xxxxx shall pay Supplier Seller for the portion of the Services satisfactorily performed and those conforming Products Goods delivered to Customer Xxxxx through the date of termination, less appropriate offsets, including any additional costs to be incurred by Xxxxx in completing the Services. Supplier Seller shall cease to perform Services and/or provide Products Goods under the Purchase Order Agreement on the date of termination specified in such notice. Supplier Seller may terminate the Purchase Order Agreement upon written notice to Customer Xxxxx if Customer Xxxxx fails to pay Supplier any amounts not reasonably in dispute Seller within sixty (60) days after Supplier Seller notifies Customer Xxxxx in writing that payment is past due. Upon the expiration or termination of the Purchase Order Agreement for any reason: (a) each party will be released from all obligations to the other arising after the date of expiration or termination, except for those which by their terms survive such termination or expiration as well as any other provision that, in order to give proper effect to its intent, should survive such expiration or terminationexpiration; and (b) Supplier Seller will promptly notify Customer Xxxxx of all Customer Xxxxx Confidential Information or any Work Product in SupplierSeller's possession and, at the expense of Supplier Seller and in accordance with Customer's Xxxxx'x instructions, will promptly (i) deliver to Customer Xxxxx all such Customer Xxxxx Confidential Information and/or Work Product, or (ii) destroy all such Customer Confidential Information and certify in writing to Customer that it has complied with the requirements of this clause. The rights and remedies of Customer Xxxxx under the Purchase Order and these Terms Agreement are cumulative and not exclusive of any rights or remedies to which Customer Xxxxx is entitled by law. The exercise by Customer Xxxxx of any singular right or remedy will not preclude Customer Xxxxx from exercising any other right or remedy under any Purchase Order or these Terms the Agreement or to which Customer Xxxxx is otherwise entitled by law. Supplier Seller acknowledges and agrees that the obligations and promises of Supplier Seller under a Purchase Order the Agreement are of a unique unique, intellectual nature giving them particular value, and that Supplier. Seller's breach of any of the promises contained in the Purchase Order Agreement will result in irreparable and continuing damage to Customer Xxxxx for which there will be no adequate remedy at law. In law and, in the event of such breach, Customer Xxxxx will be entitled to seek injunctive relief relief, or a decree of specific performance without any requirement to post a bond or other security, and without any requirement to prove actual damages or that monetary damages will not afford an adequate remedyperformance.

Termination Remedies. Customer may terminate (a) Upon or after the occurrence of an Event of Default, a Purchase Order for any reason upon Party shall give written notice to the other Party, setting forth the nature of the Event of Default (“Notice of Default”). If the Party in default fails to demonstrate within thirty (30) days’ written notice days after receipt of the Notice of Default that all necessary and reasonable actions to Supplier. Customer shall pay Supplier remedy the Event of Default has been taken, then the Party alleging default may elect to terminate this Agreement and it may xxx for those conforming Products delivered any other damages to Customer through the date of termination, less appropriate offsets. Supplier shall cease to provide Products under the Purchase Order on which such Party may be entitled at law or in equity (except that no claim for fees due after the date of termination specified shall be made if Licensee’s Event of Default is solely that listed in such noticeSubparagraph 14(a)(v). (b) At the expiration or earlier termination of this Agreement (the “Termination Date”) and subject to Subparagraph 15(c), Licensee shall, at Licensee’s sole cost and expense, without liens, remove Licensee’s Equipment and all of Licensee’s personal property from the Building. Supplier may terminate the Purchase Order upon written notice to Customer if Customer fails to pay Supplier any amounts Any property not reasonably in dispute so removed within sixty thirty (6030) days after Supplier notifies Customer in writing that payment is past due. Upon the expiration or termination of the Purchase Order for any reason: (a) each party will be released from all obligations to the other arising after the date of expiration or termination, except for those which by their terms survive such termination or expiration as well as any other provision that, in order to give proper effect to its intent, should survive such expiration or termination; and (b) Supplier will promptly notify Customer of all Customer Confidential Information or any Work Product in Supplier's possession and, Termination Date may at the expense of Supplier and in accordance with Customer's instructions, will promptly Licensor’s sole option (i) deliver to Customer all such Customer Confidential Information and/or Work Product, be removed and stored by Licensor at Licensee’s expense or (ii) destroy all such Customer Confidential Information and certify in writing become the property of Licensor without compensation to Customer that it has complied with the requirements of this clauseLicensee. The rights and remedies of Customer under the Purchase Order and these Terms are cumulative and not exclusive of any rights or remedies to which Customer is entitled by law. The exercise by Customer of any singular right or remedy will not preclude Customer from exercising any other right or remedy under any Purchase Order or these Terms or to which Customer is otherwise entitled by law. Supplier acknowledges and agrees that the obligations and promises of Supplier under a Purchase Order are of a unique nature giving them particular value, and that Supplier's breach of any As of the promises contained in the Purchase Order will result in irreparable and continuing damage to Customer for which there will be no adequate remedy at law. In the event date of such breachremoval, Customer will be entitled neither party shall have any claim against the other, except for claims or obligations that may have arisen or accrued prior to seek injunctive relief the Termination Date or specific performance without any requirement to post a bond arise by reason of removal of Communications Equipment or other securityproperty removal. Licensee agrees, at its sole cost and without expense, to repair or refinish all damage caused by the operation or removal of Licensee’s Equipment, excepting damage caused by ordinary wear and tear. If Licensee fails to repair or refinish any requirement to prove actual damages such damage, Licensor may, in its sole discretion, repair or that monetary damages will not afford an adequate remedyrefinish such damage and Licensee shall reimburse Licensor of all costs and expenses incurred in such repair or refinishing. (c) Notwithstanding Subparagraph 15(b): (i) Licensee’s Connecting Equipment and copper in building riser cable shall remain in place for use by other local exchange carriers as stipulated in CRTC decision 2003-45.