Termination Remedy Sample Clauses

Termination Remedy. (a) If NTB terminates this Agreement because of the failure or refusal of CH2M HILL to pay any undisputed amount to NTB hereunder as and when due and, so long as NTB has not failed to perform any material obligation required of it pursuant hereto, then CH2M HILL shall pay to NTB, in addition to any amounts payable to NTB hereunder, a termination fee of $150,000.
Sample 1
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Termination Remedy. In the event Supplier fails to meet the Transition Complete Date as set forth in Exhibit T (Transition-In), unless modified or extended by the written agreement of the Parties Approved by the CIO or his or her designee, in addition to other rights and remedies provided to County under this Agreement, County may elect to terminate this Agreement for convenience pursuant to Section 25.6 (Termination for Convenience) without payment of any obligation, liability, fee, cost, expense, or charge. In addition, Supplier shall be liable for all costs to County incurred in connection with any replacement Services or procurement processes, including attorney and consulting fees, and the difference between the cost of services which are substantially similar to the Services provided by a replacement vendor as compared to those under this Agreement.
Sample 1
Termination Remedy. In addition to any remedies for default available under this Agreement, if the Minimum Project has not been Completed by December 31, 2020, then either party may terminate this Agreement as the applicable remaining Project entitlements and Related Documents (to the extent permitted in the applicable Related Documents).
Sample 1
Termination Remedy. Once the NTP Closing has occurred and Seller then fails to meet the SPG Staging, Erection and Assembly Milestone, except as a result of a Force Majeure event or Buyer Change or Delay, such failure shall be a Seller Event of Default and shall entitle Buyer, among other remedies, to terminate this Agreement effective upon delivery of a notice of termination without further notice and without first giving Seller the right to furnish and meet any Recovery Plan or exercise any other cure right. For all other failures of Seller to meet a Milestone after the NTP Closing, Seller shall first be given the right to proceed with the submission and approval process of the Recovery Plan within the required time period for the same before Buyer can declare a notice of Seller Event of Default that if not cured within the earlier of (i) the thirty (30) day cure period in Section 18.1.11 or (ii) ten (10) Business Days before the Commercial Operation Deadline, Buyer can terminate this Agreement and exercise all other Buyer's rights for a Seller Event of Default.
Sample 1
Termination Remedy. Notwithstanding anything contained herein to the contrary, if the Possession Date with respect to the Phase III Premises (other than Suite 250, which shall be expressly excluded from the remedies set forth in this Section 1.3, and if Landlord delivers the remainder of the Phase III Premises other than Suite 250, the delivery prior to the Phase III Termination Outside Date shall be deemed satisfied and Tenant shall have no right to terminate this Lease) does not occur on or before March 1, 2023 (the "Phase III Termination Outside Date", which shall be extended on a day for day basis to the extent of delays caused by events of Force Majeure and Tenant Delays), then Tenant shall have the right to deliver a written notice to Landlord (a "Termination Notice") electing to terminate this Lease in its entirety effective upon the date occurring five (5) business days following receipt by Landlord of the Termination Notice (the "Effective Termination Date"). If Tenant delivers such a Termination Notice to Landlord, then Landlord shall have the right to suspend the occurrence of the Effective Termination Date for a period ending forty-five (45) days after the Phase III Termination Outside Date by delivering written notice to Tenant prior to the Effective Termination Date, that, in Landlord's reasonable, good faith judgment, the Possession Date with respect to the Phase III Premises will occur within forty-five (45) days after the Phase III Termination Outside Date. If the Possession Date with respect to the Phase III Premises occurs within such forty-five (45) day suspension period, then the Termination Notice shall be of no force or effect, but if the Possession Date with respect to the Phase III Premises does not occur within such forty-five (45) day suspension period, then this Lease shall terminate in its entirety and have no further force or effect upon the expiration of such forty-five (45) day suspension period and Landlord shall refund to Tenant any prepaid Rent paid by Tenant to Landlord and return the L-C to Tenant.
Sample 1
Termination Remedy. If a default by Tenant occurs, then and at any time thereafter, in addition to any other rights or remedies available to Landlord at law or in equity, Landlord shall have the immediate option, but not the obligation, to terminate this Lease and all rights of Tenant hereunder without further notice or demand of any kind to Tenant or any other person, except as required by applicable state law. In the event that Landlord shall elect to so terminate this Lease, then Landlord, as provided in California Civil Code Section 1951.2, may recover from Tenant:
Sample 1
Termination Remedy. In the event of Excess Unplanned Downtime for three (3) or more calendar months in any period of six (6) or fewer consecutive calendar months, 8x8 shall be considered to have materially breached the Agreement for purposes of Customer’s right thereunder to terminate such Agreement for 8x8’s material breach thereof, provided that such Customer termination right shall (i) not be subject to any 8x8 right to cure such breach and (ii) forever and irrevocably lapse, expire, and be waived if not exercised by Customer in accordance with the applicable terms of the Agreement within five (5) days following the end of the calendar month during which termination right arose. In addition, in the event of Excess Unplanned Downtime and Customer’s opening of a related ticket with 8x8 Support, 8x8 shall, upon Customer’s request, provide Customer with analytics and information regarding such incident.
Sample 1
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Termination Remedy. In the event of Excess Unplanned Downtime for three (3) or more calendar months in any period of six (6) or fewer consecutive calendar months, Customer shall be entitled to terminate this Agreement on immediate written notice; however, this right to terminate shall forever and irrevocably lapse, expire, and be waived if not exercised by Customer in accordance with the applicable terms of the Agreement within five (5) days following the end of the calendar month during which such termination right arose. In addition, in the event of Excess Unplanned Downtime and Customer’s opening of a related ticket with 8x8 Support, 8x8 shall, upon Customer’s request, provide Customer with analytics and information regarding such incident.
Sample 1

Related to Termination Remedy

  • Additional Remedies The rights, powers and remedies given to Bank hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to Bank by law against Borrower or any other person, including but not limited to Bank's rights of setoff or banker's lien.

  • Acceleration; Remedies Upon the occurrence and during the continuance of an Event of Default, then, and in any such event, (a) if such event is a Bankruptcy Event, automatically the Commitments shall immediately terminate and the Loans (with accrued interest thereon), and all other amounts under the Credit Documents (including, without limitation, the maximum amount of all contingent liabilities under Letters of Credit) shall immediately become due and payable, and (b) if such event is any other Event of Default, any or all of the following actions may be taken: (i) with the written consent of the Required Lenders, the Administrative Agent may, or upon the written request of the Required Lenders, the Administrative Agent shall, declare the Commitments to be terminated forthwith, whereupon the Commitments shall immediately terminate; (ii) the Administrative Agent may, or upon the written request of the Required Lenders, the Administrative Agent shall, declare the Loans (with accrued interest thereon) and all other amounts owing under this Agreement and the Notes to be due and payable forthwith and direct the Borrower to pay to the Administrative Agent cash collateral as security for the LOC Obligations for subsequent drawings under then outstanding Letters of Credit an amount equal to the maximum amount of which may be drawn under Letters of Credit then outstanding, whereupon the same shall immediately become due and payable; and/or (iii) with the written consent of the Required Lenders, the Administrative Agent may, or upon the written request of the Required Lenders, the Administrative Agent shall, exercise such other rights and remedies as provided under the Credit Documents and under applicable law.

  • Termination Not Sole Remedy Termination is not the sole remedy under this Agreement and, whether or not termination is effected and notwithstanding anything contained in this Agreement to the contrary, all other remedies shall remain available except as agreed to otherwise herein.

  • General Remedies Upon the occurrence of an Event of Default and during the continuation thereof, the Administrative Agent and the holders of the Secured Obligations shall have, in addition to the rights and remedies provided herein, in the Loan Documents, in any other documents relating to the Secured Obligations, or by law (including, without limitation, levy of attachment and garnishment), the rights and remedies of a secured party under the UCC of the jurisdiction applicable to the affected Collateral and, further, the Administrative Agent may, with or without judicial process or the aid and assistance of others (to the extent permitted under applicable law), (i) subject to the rights of tenants in possession, enter on any premises on which any of the Collateral may be located and, without resistance or interference by the Grantors, take possession of the Collateral, (ii) dispose of any Collateral on any such premises, (iii) require the Grantors to assemble and make available to the Administrative Agent at the expense of the Grantors any Collateral at any place and time designated by the Administrative Agent that is reasonably convenient to both parties, (iv) remove any Collateral from any such premises for the purpose of effecting sale or other disposition thereof, and/or (v) except as provided below in the case of notice required by law, without demand and without advertisement, notice or hearing, all of which each of the Grantors hereby waives to the fullest extent permitted by law, at any place and time or times, sell and deliver any or all Collateral held by or for it at public or private sale, by one or more contracts, in one or more parcels, for cash, upon credit or otherwise, at such prices and upon such terms as the Administrative Agent deems advisable, in its sole discretion (subject to any and all mandatory legal requirements). Each of the Grantors acknowledges that any private sale referenced above may be at prices and on terms less favorable to the seller than the prices and terms that might have been obtained at a public sale and agrees (to the extent permitted by applicable law) that such private sale shall be deemed to have been made in a commercially reasonable manner. Neither the Administrative Agent’s compliance with applicable law nor its disclaimer of warranties relating to the Collateral shall be considered to adversely affect the commercial reasonableness of any sale. In addition to all other sums due the Administrative Agent and the holders of the Secured Obligations with respect to the Secured Obligations, the Grantors shall pay the Administrative Agent and each of the holders of the Secured Obligations all reasonable documented costs and expenses actually incurred by the Administrative Agent or any such holder of the Secured Obligations, including, but not limited to, reasonable attorneys’ fees and court costs, in obtaining or liquidating the Collateral, in enforcing payment of the Secured Obligations, or in the prosecution or defense of any action or proceeding by or against the Administrative Agent or the holders of the Secured Obligations or the Grantors concerning any matter arising out of or connected with this Security Agreement, any Collateral or the Secured Obligations, including, without limitation, any of the foregoing arising in, arising under or related to a case under the Bankruptcy Code. To the extent the rights of notice cannot be legally waived hereunder, each Grantor agrees that any requirement of reasonable notice shall be met if such notice is personally served on or mailed, postage prepaid, to the Borrower in accordance with the notice provisions of Section 11.02 of the Credit Agreement at least ten Business Days before the time of sale or other event giving rise to the requirement of such notice. The Administrative Agent and the holders of the Secured Obligations shall not be obligated to make any sale or other disposition of the Collateral regardless of notice having been given. To the extent permitted by applicable law, any holder of the Secured Obligations may be a purchaser at any such sale. To the extent permitted by applicable law, each of the Grantors hereby waives all of its rights of redemption with respect to any such sale. Subject to the provisions of applicable law, the Administrative Agent and the holders of the Secured Obligations may postpone or cause the postponement of the sale of all or any portion of the Collateral by announcement at the time and place of such sale, and such sale may, without further notice, to the extent permitted by applicable law, be made at the time and place to which the sale was postponed, or the Administrative Agent and the holders of the Secured Obligations may further postpone such sale by announcement made at such time and place.

  • UCC Remedies (a) Upon the occurrence of and during the continuance of an Event of Default under this Agreement or the other Financing Documents, Agent, in addition to all other rights, options, and remedies granted to Agent under this Agreement or at law or in equity, may exercise, either directly or through one or more assignees or designees, all rights and remedies granted to it under all Financing Documents and under the UCC in effect in the applicable jurisdiction(s) and under any other applicable law; including, without limitation:

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