Common use of With Immediate Effect Clause in Contracts

With Immediate Effect. The Company may terminate this Agreement with immediate effect by giving notice to Dealer or to Dealers legal representative in any of the following events: (i) Any transfer or attempted transfer, without the prior written approval of the Company, by Dealer of any interest in, or right, privilege, or obligation under this Agreement, or any transfer by operation of law or otherwise of the principal assets of the Dealer that are required for the conduct of its business under this Agreement, or any change, however accomplished, in the direct or indirect ownership or operating management of Dealer as set forth in Schedule A. (ii) Any misrepresentation in applying for appointment as a dealer in PRODUCTS by Dealer or any person named in Schedule A; the submission of a fraudulent parts return or the return of parts with fraudulent packaging or labeling; the submission by Dealer to the Company of a false or fraudulent application or claim, or any false statement in support thereof, for warranty, policy or campaign adjustments or for wholesale pads or sales incentives or for any other refund, credit; rebate, incentive, allowance, discount, reimbursement or payment under any program, or the acceptance by Dealer of any payment for any work not performed by Dealer in accordance with the provision of this Agreement or the MANUAL. (iii) Failure of Dealer to maintain one or more of Dealer’s places of business open for business for a period of seven or more consecutive days. (iv) Conviction or guilty plea in a court of original jurisdiction of Dealer or any person named in Schedule A of a felony or of any violation of law that in the Company’s opinion tends to affect adversely the operation or business of Dealer or the good name, goodwill or reputation of PRODUCTS, Dealer, the Company, or other dealers in PRODUCTS. (v) Failure of Dealer to fulfill any provision of Paragraph 9 or Paragraph 21 or to pay the Company any sum due under any agreement between the Company and Dealer. (vi) Failure of Dealer to obtain or hold any license required for the performance of any of Dealer’s obligations under this Agreement. (vii) Death or physical or mental incapacity or disappearance of Dealer if Dealer is an individual, or of the principal owner of Dealer if Dealer is a legal entity other than an individual. (viii) Insolvency of Dealer, the inability of Dealer to pay debts as they mature, whether to the Company or others; the filing of a petition in bankruptcy or for reorganization, whether voluntary or involuntary; the making of an assignment by Dealer for the benefit of creditors; the appointment of a receiver, custodian or trustee for Dealer or its property; or default by Dealer in the payment of any obligation owing to the Company. (ix) Revocation or discontinuance of any guaranty of Dealer’s present or future obligations to the Company. (x) Failure of Dealer to provide the reports and/or permit the audits described in Paragraph 18. (xi) Any conduct by any person named in Schedule A or any employee of Dealer unbecoming a reputable business person, or disagreement between any persons named therein that in the Company’s opinion tends to adversely affect the operation or business of Dealer or the good name, goodwill or reputation of PRODUCTS, Dealer, the Company, or other dealers in PRODUCTS. (xii) Conduct by any person named in Schedule A or any employee of Dealer that is abusive or threatening to any Company employee.

With Immediate Effect. The Company New Holland Construction may terminate this Agreement with immediate effect by giving notice to the Dealer or to Dealers the Dealer’s legal representative in any of the following events: (i) Any transfer or attempted transfer, without the prior written approval of the CompanyNew Holland Construction, by the Dealer of any interest in, or right, privilege, or or, obligation under this Agreement, or any transfer by operation of law or otherwise of the principal assets of the Dealer that are required for the conduct of its business under this Agreement, or any change, however accomplished, in the direct or indirect ownership or operating management of the Dealer as set forth in Schedule A. (ii) Any misrepresentation in applying for appointment as a dealer Dealer in PRODUCTS by the Dealer or any person named in Schedule A; the submission of a fraudulent parts return or by the return of parts with fraudulent packaging or labeling; the submission by Dealer to the Company New Holland Construction of a false or fraudulent application or claim, or any false statement in support thereof, for warranty, policy or campaign adjustments or for wholesale pads parts or sales incentives or for any other refund, credit; , rebate, incentive, allowance, discount, reimbursement or payment under any program, or the acceptance by the Dealer of any payment for any work not performed by the Dealer in accordance with the provision provisions of this Agreement or the MANUAL. (iii) Failure of the Dealer to maintain one or more of the Dealer’s places of business open for business for a period of seven or more consecutive days. (iv) Conviction or guilty plea in a court of original jurisdiction of the Dealer or any person named in Schedule A of a felony or of any violation of law that in the CompanyNew Holland Construction’s opinion tends to affect adversely the operation or business of the Dealer or the good name, goodwill or reputation of PRODUCTS, the Dealer, the CompanyNew Holland Construction, or other dealers Dealers in PRODUCTS. (v) Failure of the Dealer to fulfill any provision of Paragraph 9 or Paragraph 21 20 or to pay the Company New Holland Construction any sum due under any agreement between New Holland Construction and the Company and Dealer. (vi) Failure of the Dealer to obtain or hold any license required for the performance of any of the Dealer’s obligations under this Agreement. (vii) Death or physical or mental incapacity or disappearance of the Dealer if the Dealer is an individual, or of the principal owner of the Dealer if the Dealer is a legal entity other than an individual. (viii) Insolvency of the Dealer, ; the inability of the Dealer to pay debts as they mature, whether to the Company New Holland Construction or others; the filing of a petition in bankruptcy or for reorganization, whether voluntary or involuntary; the making of an assignment by the Dealer for the benefit of creditors; the appointment of a receiver, custodian or trustee for the Dealer or its Its property; or default by the Dealer in the payment of any obligation owing to the CompanyNew Holland Construction. (ix) Revocation or discontinuance of any guaranty of Dealer’s present or future obligations to the Company. (x) Failure of Dealer to provide the reports and/or permit the audits described in Paragraph 18. (xi) Any conduct by any person named in Schedule A or any employee of Dealer unbecoming a reputable business person, or disagreement between any persons named therein that in the Company’s opinion tends to adversely affect the operation or business of Dealer or the good name, goodwill or reputation of PRODUCTS, Dealer, the Company, or other dealers in PRODUCTS. (xii) Conduct by any person named in Schedule A or any employee of Dealer that is abusive or threatening to any Company employee.

With Immediate Effect. The Company may terminate this Agreement with immediate effect by giving notice to Dealer or to Dealers Dealer’s legal representative in any of the following events: (i) Any transfer or attempted transfer, without the prior written approval of the Company, by Dealer of any interest in, or right, privilege, or obligation under this Agreement, or any transfer by operation of law or otherwise of the principal assets of the Dealer that are required for the conduct of its business under this Agreement, or any change, however accomplished, in the direct or indirect ownership or operating management of Dealer as set forth in Schedule A. (ii) Any misrepresentation in applying for appointment as a dealer in PRODUCTS by Dealer or any person named in Schedule A; the submission of a fraudulent parts return or the return of parts with fraudulent packaging or labeling; the submission by Dealer to the Company of a false or fraudulent application or claim, or any false statement in support thereof, for warranty, policy or campaign adjustments or for wholesale pads parts or sales incentives or for any other refund, credit; , rebate, incentive, allowance, discount, reimbursement or payment under any program, or the acceptance by Dealer of any payment for any work not performed by Dealer in accordance with the provision provisions of this Agreement or the MANUAL. (iii) Failure of Dealer to maintain one or more of Dealer’s places of business open for business for a period of seven or more consecutive days. (iv) Conviction or guilty plea in a court of original jurisdiction of Dealer or any person named in Schedule A of a felony or of any violation of law that in the Company’s opinion tends to affect adversely the operation or business of Dealer or the good name, goodwill or reputation of PRODUCTS, Dealer, the Company, or other dealers in PRODUCTS. (v) Failure of Dealer to fulfill any provision of Paragraph 9 or Paragraph 21 or to pay the Company any sum due under any agreement between the Company and Dealer. (vi) Failure of Dealer to obtain or hold any license required for the performance of any of Dealer’s obligations under this Agreement. (vii) Death or physical or mental incapacity or disappearance of Dealer if Dealer is an individual, or of the principal owner of Dealer if Dealer is a legal entity other than an individual. (viii) Insolvency of Dealer, ; the inability of Dealer to pay debts as they mature, whether to the Company or others; the filing of a petition in bankruptcy or for reorganization, whether voluntary or involuntary; the making of an assignment by Dealer for the benefit of creditors; the appointment of a receiver, custodian or trustee for Dealer or its property; or default by Dealer in the payment of any obligation owing to the Company. (ix) Revocation or discontinuance of any guaranty of Dealer’s present or future obligations to the Company. (x) Failure of Dealer to provide the reports and/or permit the audits described in Paragraph 18. (xi) Any conduct by any person named in Schedule A or any employee of Dealer unbecoming a reputable business personbusinessperson, or disagreement between any persons named therein that in the Company’s opinion tends to adversely affect the operation or business of Dealer or the good name, goodwill or reputation of PRODUCTS, Dealer, the Company, or other dealers in PRODUCTSproducts. (xii) Conduct by any person named in Schedule A or any employee of Dealer that is abusive or threatening to any Company employee.

With Immediate Effect. The Company may terminate this Agreement with immediate effect by giving notice to Dealer or to Dealers Dealer’s legal representative in any of the following events: (i) Any transfer or attempted transfer, without the prior written approval of the Company, by Dealer of any interest in, or right, privilege, or obligation under this Agreement, or any transfer by operation of law or otherwise of the principal assets of the Dealer that are required for the conduct of its business under this Agreement, or any change, however accomplished, in the direct or indirect ownership or operating management of Dealer as set forth in Schedule A. (ii) Any misrepresentation in applying for appointment as a dealer in PRODUCTS by Dealer or any person named in Schedule A; the submission of a fraudulent parts return or the return of parts with fraudulent packaging or labeling; the submission by Dealer to the Company of a false or fraudulent application or claim, or any false statement in support thereof, for warranty, policy or campaign adjustments or for wholesale pads parts or sales incentives or for any other refund, credit; , rebate, incentive, allowance, discount, reimbursement or payment under any program, or the acceptance by Dealer of any payment for any work not performed by Dealer in accordance with the provision of this Agreement or the MANUAL. (iii) Failure of Dealer to maintain one or more of Dealer’s places of business open for business for a period of seven or more consecutive days. (iv) Conviction or guilty plea in a court of original jurisdiction of Dealer or any person named in Schedule A of a felony or of any violation of law that in the Company’s opinion tends to affect adversely the operation or business of Dealer or the good name, goodwill or reputation of PRODUCTS, Dealer, the Company, or other dealers in PRODUCTS. (v) Failure of Dealer to fulfill any provision of Paragraph 9 or Paragraph 21 or to pay the Company any sum due under any agreement between the Company and Dealer. (vi) Failure of Dealer to obtain or hold any license required for the performance of any of Dealer’s obligations under this Agreement. (vii) Death or physical or mental incapacity or disappearance of Dealer if Dealer is an individual, or of the principal owner of Dealer if Dealer is a legal entity other than an individual. (viii) Insolvency of Dealer, the inability of Dealer to pay debts as they mature, whether to the Company or others; the filing of a petition in bankruptcy or for reorganization, whether voluntary or involuntary; the making of an assignment by Dealer for the benefit of creditors; the appointment of a receiver, custodian or trustee for Dealer or its property; or default by Dealer in the payment of any obligation owing to the Company. (ix) Revocation or discontinuance of any guaranty of Dealer’s present or future obligations to the Company. (x) Failure of Dealer to provide the reports and/or permit the audits described in Paragraph 18. (xi) Any conduct by any person named in Schedule A or any employee of Dealer unbecoming a reputable business person, or disagreement between any persons named therein that in the Company’s opinion tends to adversely affect the operation or business of Dealer or the good name, goodwill or reputation of PRODUCTS, Dealer, the Company, or other dealers in PRODUCTS. (xii) Conduct by any person named in Schedule A or any employee of Dealer that is abusive or threatening to any Company employee.

With Immediate Effect. The Company may terminate this Agreement with immediate effect by giving notice to Dealer or to Dealers Dealer’s legal representative in any of the following events: (i) Any transfer or attempted transfer, without the prior written approval of the Company, by Dealer of any interest in, or right, privilege, or obligation under this Agreement, or any transfer by operation of law or otherwise of the principal assets of the Dealer that are required for the conduct of its business under this Agreement, or any change, however accomplished, in the direct or indirect ownership or operating management of Dealer as set forth in Schedule A. (ii) Any misrepresentation in applying for appointment as a dealer in PRODUCTS by Dealer or any person named in Schedule A; the submission of a fraudulent parts return or the return of parts with fraudulent packaging or labeling; the submission by Dealer to the Company of a false or fraudulent application or claim, or any false statement in support thereof, for warranty, policy or campaign adjustments or for wholesale pads parts or sales incentives or for any other refund, credit; , rebate, incentive, allowance, discount, reimbursement or payment under any program, or the acceptance by Dealer of any payment for any work not performed by Dealer in accordance with the provision of this Agreement or the MANUAL. (iii) Failure of Dealer to maintain one or more of Dealer’s places of business open for business for a period of seven or more consecutive days. (iv) Conviction or guilty plea in a court of original jurisdiction of Dealer or any person named in Schedule A of a felony or of any violation of law that in the Company’s opinion tends to affect adversely the operation or business of Dealer or the good name, goodwill or reputation of PRODUCTS, Dealer, the Company, or other dealers in PRODUCTS. (v) Failure of Dealer to fulfill any provision of Paragraph 9 or Paragraph 21 or to pay the Company any sum due under any agreement between the Company and Dealer. (vi) Failure of Dealer to obtain or hold any license required for the performance of any of Dealer’s obligations under this Agreement. (vii) Death or physical or mental incapacity or disappearance of Dealer if Dealer is an individual, or of the principal owner of Dealer if Dealer is a legal entity other than an individual. (viii) Insolvency of Dealer, the inability of Dealer to pay debts as they mature, whether to the Company or others; the filing of a petition in bankruptcy or for reorganization, whether voluntary or involuntary; the making of an assignment by Dealer for the benefit of creditors; the appointment of a receiver, custodian or trustee for Dealer or its property; or default by Dealer in the payment of any obligation owing to the Company. (ix) Revocation or discontinuance of any guaranty of Dealer’s present or future obligations to the Company. (x) Failure of Dealer to provide the reports and/or permit the audits described in Paragraph 18. (xi) Any conduct by any person named in Schedule A or any employee of Dealer unbecoming a reputable business person, or disagreement between any persons named therein that in the Company’s opinion tends to adversely affect the operation or business of Dealer or the good name, goodwill or reputation of PRODUCTS, Dealer, the Company, or other dealers in PRODUCTS. (xii) Conduct by any person named in Schedule A or any employee of Dealer that is abusive or threatening to any Company employee.