Termination Rights of Both Parties. (1) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if CPUC Approval has not been obtained or waived by SCE in its sole discretion within one hundred eighty (180) days after SCE files its request for CPUC Approval and a Notice of termination is given on or before the two hundred tenth (210th) day after SCE files the request for CPUC Approval.
(2) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if CEC Pre-Certification has not been obtained by Seller within three hundred sixty-five (365) days after the Effective Date and a Notice of termination is given on or before the three hundred ninety-fifth (395th) day after the Effective Date.
(3) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if Seller has not obtained Permit Approval of the Construction Permits on or before the date that is sixty (60) days prior to the Commercial Operation Deadline and a Notice of termination is given on or before the date that is forty-five (45) days prior to the Commercial Operation Deadline.
Termination Rights of Both Parties. Either Party may terminate this Agreement in the event that the other Party fails to remedy a material breach of this Agreement within 30 days after written notice by the non-breaching Party of such breach; provided, however, that if the breach would affect the safety or well-being of a student or is not reasonably capable of being cured, then no such notice and opportunity to cure shall be required.
Termination Rights of Both Parties. Either Party may terminate this Agreement in the event that the other Party fails to remedy a material breach of this Agreement within thirty
Termination Rights of Both Parties. (1) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if CEC Pre-Certification has not been obtained by Seller within twelve (12) months after the Effective Date.
(2) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if Seller has not obtained Permit Approval of the Construction Permits within eighteen (18) months after the Effective Date and a Notice of termination is given on or before the end of the nineteenth (19th) month after the Effective Date.
(3) Either Party shall have the right to terminate this Agreement in accordance with Section 5.05 (Force Majeure).
Termination Rights of Both Parties. Either Party may immediately terminate this Agreement in the event that the other Party fails to remedy a material breach of this Agreement within ___ days after written notice by the non-breaching Party of such breach; provided, however, that if the breach would affect the safety or well-being of a student or is not reasonably capable of being cured, then no such notice and opportunity to cure shall be required. In the event the TISD terminates the agreement before the agreement end date and if the OP has met performance goals, then TISD will pay a transition fee of $1,000,000 to the OP to support costs related with exiting the agreement. The TISD also agrees that the OP has the right to use the facility, on a market rate level, for the duration of the original agreement. In the event that the OP terminates the agreement early or has a material breach, then the OP agrees to pay the TISD pro-rated market rate rent for the time that the OP operated in the facility without rent.
Termination Rights of Both Parties. (i) Either Party shall have the right to terminate this Agreement on Notice, which shall be effective five (5) Business Days after such Notice is given, in the event CPUC Approval has not been obtained within one hundred eighty (180) days after SCE files its request for CPUC Approval and a Notice of termination is given on or before the two hundred tenth (210th) day after SCE files the request for CPUC Approval.
(ii) Either Party shall have the right to terminate this Agreement on Notice, which shall be effective five (5) Business Days after such Notice is given in the event CEC Certification and Verification and all required Permits have not been obtained by Seller within eighteen (18) months after the Effective Date and a Notice of termination is given on or before the end of the nineteenth (19th) month after the Effective Date.
(iii) If either Party exercises a termination right, as set forth in this Section 2.04(a), neither Party shall be responsible for making a Termination Payment to the other Party.
Termination Rights of Both Parties. (i) Either Party shall have the right to terminate this Agreement on Notice, which shall be effective five (5) Business Days after such Notice is given in the event all required Permits and interconnection and transmission agreements have not been obtained by Seller within eighteen (18) months after the Effective Date and a Notice of termination is given on or before the end of the nineteenth (19th) month after the Effective Date; provided that in any event Seller shall use its reasonable commercial efforts to obtain all required Permits and interconnection and transmission agreements. If either Party exercises a termination right, as set forth in this Section 2.04(a), neither Party shall be responsible for making a Termination Payment to the other Party.
Termination Rights of Both Parties. Either Party shall have the right to terminate this Agreement on Notice, which shall be effective five (5) Business Days after such Notice is given in the following circumstances:
(i) CPUC Approval has not been obtained or waived by SCE within three hundred sixty-five (365) days after SCE files its request for CPUC Approval and a Notice of termination is given on or before the three hundred ninety-fifth (395th) day after SCE files the request for CPUC Approval;
(ii) The Trigger Date has not occurred by December 31, 2011 and a Notice of termination setting forth all conditions under Section 1.02(b) that have not been met is given on or before March 31, 2012; or
(iii) In accordance with Section 5.05 in the event of Force Majeure.
Termination Rights of Both Parties. (i) If either Party exercises a termination right, as set forth in Sections 2.03(a)(ii), 2.03(b) or 5.04, a Termination Payment will be calculated in accordance with Section 6.03, the Forward Settlement Amount will be Zero dollars ($0), the terminating Party will be considered the Non- Defaulting Party and, if the termination occurs before the commencement of the Term, Seller will be entitled to a return of any Development Security provided to SCE.
(ii) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if CPUC Approval has not been obtained or waived by SCE in its sole discretion within three hundred sixty-five (365) days after SCE files its request for CPUC Approval and a Notice of termination is given on or before the three hundred ninety-fifth (395th) day after SCE files the request for CPUC Approval.
Termination Rights of Both Parties. Either party may terminate this Agreement in the event that the other party fails to remedy a material breach or to fulfill any material condition, term, provision, representation, warranty, covenant, or obligation contained in this Agreement within ninety (90) days after written notice (unless a shorter notice period is specified in this Section 7.01) by the non-breaching party of such breach or non-fulfillment provided, however, that if the breach or non-fulfillment is not reasonably capable of being cured, no such notice and opportunity to cure shall be required. Such termination shall be effective, immediately upon written notice by the terminating party to the other party, unless immediate termination would place the health, welfare, or safety of students at risk.
