Termination Right of Seller Sample Clauses

Termination Right of Seller. Seller has the right to terminate this Agreement if Seller (or any venture in which Seller is a participant) and the Generating Facility are jointly selected by Buyer in a competitive solicitation. The termination of this Agreement will be effective as of midnight the day before the commencement of any delivery period for any electric energy, capacity or attributes from the Generating Facility which is selected by Buyer in such competitive solicitation.
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Termination Right of Seller. Except with respect to the right of Buyer to terminate this Agreement as to one or more of the Properties as described in the next sentence of this Section, if Buyer terminates this Agreement as to more than ten (10) of the Properties pursuant to the terms of this Agreement, then Seller shall have the right to terminate the whole of this Agreement, as to the balance of the Properties for which Closing has not occurred, by ten (10) days prior notice to Buyer, in which event neither party shall have any further claim against the other, except (i) with respect to those matters which this Agreement provides expressly survive the termination of this Agreement, and (ii) the Xxxxxxx Money shall be returned to Buyer. Notwithstanding the foregoing, any termination of this Agreement as to one or more Properties for any of the following reasons shall not be included in calculating whether or not Purchaser has terminated this Agreement as to more than ten (10) Properties for the purposes of determining -whether Seller's light to terminate has accrued pursuant to This Section 32: (i) any termination of this Agreement as to any Property in respect of which Buyer's due diligence discloses any environmental contamination, whether past or present, affecting a Property which constitutes a present "Recognized Environmental Condition" under a standard ASTM Phase I report; or (ii) any termination of this Agreement as to any Property pursuant to Section 6(A) above due to an uncured Objection, or (iii) any termination of this Agreement as to any Properties pursuant to Section 7 above.
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Termination Right of Seller. If Seller's good faith determination of the Cost of Remediation of the Cytec Determined Actions exceeds $10,000,000 and Seller desires to terminate this Agreement, then on or prior to the last day of the Cytec Evaluation Period, Parent shall notify Purchaser and Pilko of such determination. Within the five business day period following any such notification, Pilko shall make a determination of the Cost of Remediation of the Cytec Determined Actions, and deliver a letter to each of Purchaser and Seller setting forth such determination. If Pilko's determination of the Cost of Remediation of the Cytec Determined Actions exceeds $10,000,000, Seller, at Seller's sole option, may terminate this Agreement and in such case the Cytec Parties shall not have any obligation to deliver the Pilko Assessment to any Sterling Party.
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Termination Right of Seller. Seller has the right to terminate this Agreement if Seller (or any venture in which Seller is a participant) and the Generating Facility are jointly selected by a California investor-owned utility in a competitive solicitation. The termination of this Agreement will be effective (i) as of midnight the day before the commencement of any delivery period for any energy, capacity or attributes from the Generating Facility which is selected by Buyer in such competitive solicitation, or (ii) upon at least 90 days advance Notice from Seller to Buyer if Seller (or any venture in which Seller is a participant) and the Generating Facility are: (A) jointly selected in a competitive solicitation by a California investor-owned utility other than Buyer; or (B) upon midnight of the day before the commencement of any delivery period for any energy, capacity or attributes from the Generating Facility which executes a bilateral agreement or any other form of procurement for it power.
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Termination Right of Seller. Upon the occurrence of a Fuel Resource Failure or an Event of Fuel Unavailability, Seller shall have the right to terminate this Agreement on Notice, which termination shall be effective thirty (30) Business Days after the date such Notice is given to SCE.
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Termination Right of Seller. This Agreement shall terminate on Notice from Seller, if Seller and the Generating Facility are selected in an SCE competitive solicitation at any time after the Effective Date. The termination of this Agreement shall be effective date as of midnight the calendar day before the commencement of any delivery period for any energy, capacity or attributes from the Generating Facility which are selected by SCE in the SCE competitive solicitation.
Sample 1
Termination Right of Seller. Seller has the right to terminate this Agreement if Seller (or any venture in which Seller is a participant) and the Generating Facility are jointly selected by a California investor-owned utility in a competitive solicitation. The termination of this Agreement will be effective (i) as of midnight the day before the commencement of any delivery period for any energy, capacity or attributes from the Generating Facility which is selected by Buyer in such competitive solicitation, or (ii) upon at least six months advance Notice from Seller to Buyer if Seller (or any venture in which Seller is a participant) and the Generating Facility are jointly selected in a competitive solicitation by a California investor-owned utility other than Buyer.
Sample 1
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Termination Right of Seller. (a) The Seller may immediately terminate this agreement at any time (including prior to Completion) by notice to the Purchaser.
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Related to Termination Right of Seller

  • Termination Rights This Agreement may be terminated at any time prior to the Closing:

  • Termination Right The Representative shall have the right to terminate this Agreement at any time prior to any Closing Date, (i) if any domestic or international event or act or occurrence has materially disrupted, or in its opinion will in the immediate future materially disrupt, general securities markets in the United States; or (ii) if trading on any Trading Market shall have been suspended or materially limited, or minimum or maximum prices for trading shall have been fixed, or maximum ranges for prices for securities shall have been required by FINRA or by order of the Commission or any other government authority having jurisdiction, or (iii) if the United States shall have become involved in a new war or an increase in major hostilities, or (iv) if a banking moratorium has been declared by a New York State or federal authority, or (v) if a moratorium on foreign exchange trading has been declared which materially adversely impacts the United States securities markets, or (vi) if the Company shall have sustained a material loss by fire, flood, accident, hurricane, earthquake, theft, sabotage or other calamity or malicious act which, whether or not such loss shall have been insured, will, in the Representative’s opinion, make it inadvisable to proceed with the delivery of the Securities, or (vii) if the Company is in material breach of any of its representations, warranties or covenants hereunder, or (viii) if the Representative shall have become aware after the date hereof of such a material adverse change in the conditions or prospects of the Company, or such adverse material change in general market conditions as in the Representative’s judgment would make it impracticable to proceed with the offering, sale and/or delivery of the Securities or to enforce contracts made by the Underwriters for the sale of the Securities.

  • Buyer’s Termination Right If, prior to Closing and the delivery of possession of the Property to Buyer in accordance with this Contract, (a) any condemnation proceeding shall be pending against a substantial portion of the Hotel or (b) there is any substantial casualty loss or damage to the Hotel, Buyer shall have the option to terminate this Contract, provided Buyer delivers written notice to Seller of its election within twenty (20) days after the date Seller has delivered Buyer written notice of any such loss, damage or condemnation as provided above, and in such event, the Xxxxxxx Money Deposit, and any interest thereon, shall be delivered to Buyer and thereafter, except as expressly set forth herein, no party shall have any further obligation or liability to the other under this Contract. In the context of condemnation, “substantial” shall mean condemnation of such portion of a Hotel (or access thereto) as could, in Buyer’s reasonable judgment, render use of the remainder impractical or unfeasible for the uses herein contemplated, and, in the context of casualty loss or damage, “substantial” shall mean a loss or damage in excess of One Hundred Thousand and No/100 Dollars ($100,000.00) in value.

  • Landlord’s Termination Right Whether or not the Premises are affected, Landlord may, by notice to Tenant, within 60 days following the date upon which Landlord receives notice of the Taking of all or a portion of the Real Property, the Building or the Premises, terminate this Lease, provided that Landlord elects to terminate leases (including this Lease) affecting at least 50% of the rentable area of the Building.

  • Tenant’s Termination Right If the part of the Buildings or the Real Property so acquired or condemned contains a substantial part of the total area of the portion of the Premises located in such Building immediately prior to such acquisition or condemnation, or if, by reason of such acquisition or condemnation, Tenant no longer has reasonable means of access to the Premises, Tenant may terminate this Lease as to such portion of the Premises by notice to Landlord given within 60 days following the date upon which Tenant received notice of such acquisition or condemnation; provided, however, that if the portion of the Premises so affected shall be the Music Hall, then Tenant’s right of termination shall apply to the whole of the Premises. Furthermore, if by virtue of the nature of the space in the Music Hall which is acquired or condemned, the space remaining in the Music Hall after giving effect to such acquisition or condemnation cannot economically be used for its intended purpose, following the date upon which Tenant received notice of such acquisition or condemnation, Tenant may terminate this Lease by notice to Landlord. If Tenant so notifies Landlord, this Lease shall terminate and the Term shall end and expire upon the date set forth in the notice as to the portion of the Premises covered thereby, which date shall not be more than 30 days following the giving of such notice. If a part of the Premises shall be so acquired or condemned and this Lease and the Term shall not be terminated in accordance with this Section, Landlord, at Landlord’s expense but without requiring Landlord to spend more than it collects as an award, shall, subject to the provisions of any Mortgage or Superior Lease, restore such portion of the Premises not so acquired or condemned to a self-contained unit substantially equivalent (with respect to character, quality, appearance and services) to that which existed immediately prior to such acquisition or condemnation, to the extent commercially practicable to do so, in which case Tenant shall be obligated to restore Tenant’s Property relating to such portion of the Premises to the condition which existed immediately prior to such acquisition or condemnation.

  • Waiver of Termination Rights The Employee waives any and all rights to compensation or damages as a result of a Termination, insofar as those rights result or may result from: (a) the loss or diminution in value of such rights or entitlements under the Program; or (b) the Employee ceasing to have rights, or ceasing to be entitled to any Awards under the Program as a result of such Termination.

  • Waiver of Termination Right Landlord and Tenant agree that the foregoing provisions of this Paragraph 20 are to govern their respective rights and obligations in the event of any damage or destruction and supersede and are in lieu of the provisions of any applicable law, statute, ordinance, rule, regulation, order or ruling now or hereafter in force which provide remedies for damage or destruction of leased premises (including, without limitation, to the extent the Premises are located in California, the provisions of California Civil Code Section 1932, Subsection 2, and Section 1933, Subsection 4 and any successor statute or laws of a similar nature).

  • Additional Termination Rights In addition to any right to terminate this Agreement under the provisions of this Section 16, either party shall have the further right to terminate this Agreement, upon delivery of written notice to the Agent, upon the occurrence of any of the following:

  • Other Termination Rights This Agreement may be terminated at any time prior to the Closing by the applicable party if and to the extent permitted in Part V of Appendix B.

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