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.
(b) If NTB (i) fails or refuses to perform its material obligations hereunder or terminates this Agreement for any reason whatsoever, except because of material breach on the part of CH2M HILL, without providing the two (2) years prior written notice required in Section 3.3 of this Agreement, then, in addition to any other remedies CH2M HILL may have hereunder, NTB agrees that it shall pay to CH2M HILL a termination fee in the amount of $150,000.
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).
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.
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.
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:
(i) The worth at the time of award of any unpaid rent and other charges which had been earned at the time of such termination; plus
(ii) The worth at the time of the award of the amount by which the unpaid rent and other charges which would have been earned after termination until the time of award exceeds the amount of such rental loss which Tenant proves could have been reasonably avoided; plus
(iii) The worth at the time of award of the amount by which the unpaid rent and other charges for the balance of the term of this Lease after the time of award exceeds the amount of such rental loss which Tenant proves reasonably could be avoided; plus
(iv) The total value at the time of the award of all of the concessions granted to Tenant at the time of signing this Lease prorated based on the remainder of the initial term of the Lease; plus
(v) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including but not limited to any cost or expense incurred by Landlord in (i) terminating the Lease or retaking the Premises, including reasonable attorney fees therefor, (ii) maintaining or preserving the Premises after such default, (iv) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises for such reletting, (iv) leasing commissions and (v) any other costs necessary or appropriate to relet the Premises; plus
(vi) At Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable law. As used in Paragraphs 23(b)(i) and (ii) above, the "worth at the time of award" shall be computed by allowing interest at the Default Rate. As used in Paragraph 23(b)(iii) above, the "worth at the time of award" shall be computed by discounting s...
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.
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.
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.