Without Fault Sample Clauses

Without Fault. Should Tenant secure its Permits and Approvals but, then suffer a loss thereof, but only if such loss arises by reason of either a loss of local zoning approval or a revocation or loss of any of the Permits and Approvals, and such occurrence arises through no fault, no inaction, no omission, and no other conduct or action of Tenant which conduct or action is in breach of this Lease or breach by Tenant of the State rules and regulations and laws which govern under the Permits and Approvals, such event shall be called an “Excused Loss of Approvals”. In case of an Excused Loss of Approvals, Tenant shall immediately notify Landlord in writing upon receipt of written notice of same and Tenant may thereafter at any time until such lost Permits and Approvals have been re-secured, terminate this Lease upon delivery of written notice of such termination (an “Excused Termination”); provided, such an Excused Termination shall not be effective until the ninetieth (90th) day after the giving of written notice of such termination unless Landlord elects for such Excused Termination to be effective sooner (including retroactively to the date of such loss). An Excused Termination shall be deemed and treated as though the Lease had been thereby automatically amended to establish such termination date as the date of natural expiration of the Term without renewal, extension or other option exercise (with any previously exercised option automatically thereby deemed withdrawn).
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Without Fault. The Owner may, by a written Contract Termination Notice, terminate this Contract or a portion thereof after determining that for reasons beyond the control of the Contractor, the work contracted for cannot be completed. Such reasons for termination may include, but need not necessarily be limited to, one of the following: 1. An Executive Order of the President of the United States with respect to the prosecution of war or in the interest of national defense. 2. The Engineer and Contractor each make a determination that, due to a shortage of critical materials required to complete the Work caused by allocation of these materials to work of a higher priority by the Federal Government or any agency thereof, it will be impossible to obtain these materials within a practical time limit and that it would be in the public interest to discontinue construction. 3. An injunction is imposed by a court of competent jurisdiction that stops the Contractor from proceeding with the Work and causes a delay of such duration that it is in the public interest to terminate the Contract and the Contractor was not at fault in creating the condition that led to the court’s injunction. The Engineer’s decision as to what is in the public interest and as to the Contractor’s fault, for the purpose of termination, shall be final. Restraining orders or injunctions obtained by a third party citizen action resulting from Federal or State environmental protection laws, or where acts or omissions or persons or agencies whether or not the Contractor primarily caused the issuance of such order or injunction, shall also be cause for termination.
Without Fault. The Buyer may terminate the Contract at any time, subject to one (1) months’ notice (30), or by sending a request to FOODIA by e-mail to xxxxxxx@xxxxxx.xx or by registered mail to its registered office. FOODIA will acknowledge receipt of this request and process it within seven (7) days of its receipt. FOODIA may terminate the Contract at any time, subject to eight (8) days' notice. In this case, the FOODIA shall notify its intention by e-mail to the Buyer at the address indicated in its Front-Office or by registered mail to the address of its head office. Termination without fault does not entitle to any compensation, regardless of who is responsible for the termination. - Termination for fault The Contract shall be terminated as of right: - Upon completion of the suspension procedure applicable to the essential obligations referred to in Article 9.1 hereof; - In the event of non-compliance by one of the Parties with its obligations considered essential such as: to have the capacity and power to enter into commitments, to be professional in the food and non-food sector, or to have transmitted all up-to-date, and non-misleading information concerning him/her without fraud or usurpation; - In case of serious breach such as : publishing a manifestly illicit or harmful content ; or proposing or promoting an undeclared, illicit or illegal activity; or harassing, threatening other users - Harvest information about other users of the Platform such as contact addresses or other personal information to use for purposes other than those intended by the services offered by the Platform; - Commit unfair acts against FOODIA or one or more users such as those referred to in Article 7.2 hereof; Termination of the Contract shall be notified to the Buyer by email at the address indicated in his Front Office, or by registered mail with acknowledgement of receipt at his registered office address.

Related to Without Fault

  • Without Party A’s prior written consent, Party B shall not assign its rights and obligations under this Agreement to any third party.

  • Without Notice This agreement shall terminate without any requirement of notice to either party when the first of the following events occurs: 5.1.1. The parties mutually consent to termination in writing.

  • Publicly Known Without Breach Such information becomes known to the general public without a breach of this Agreement or a similar confidential disclosure agreement regarding such information;

  • Without Pay where an employee participates in a program of training for the purpose of qualifying for a higher rank; or

  • Without Just Cause The Company may, by written notice to the Employee, immediately terminate his employment at any time, resulting in a Separation from Service, for a reason other than Just Cause, in which event the Employee shall be entitled to receive the following compensation and benefits (unless such Separation from Service occurs within the time period set forth in subsection 10(a) hereof, in which event the benefits and compensation provided for in Section 10 shall apply): (i) One times the base salary provided pursuant to Section 2 hereof, as in effect on the date of Separation from Service; (ii) An amount equal to the Bonuses received by or payable to the Employee in the calendar year prior to the calendar year of the Employee’s Separation from Service; and (iii) Cash reimbursement to the Employee in an amount equal to the cost to the Employee (demonstrated by submission to the Company of invoices, bills, or other proof of payment by the Employee) of (A) all other Employee Benefits (all as defined in subsection 4(a) excluding Bonuses which will be made in accordance with the terms and conditions of the applicable plans or agreements) and (B) all Automobile Benefits (as defined in subsection 4(b)) and professional and club dues the Employee would otherwise have been eligible to participate in or receive, through the first anniversary of the Employee’s Separation from Service, based upon the benefit levels substantially equal to those provided for the Employee at the date of the Employee’s Separation from Service. The Employee shall also be entitled to receive an amount necessary to provide any cash payments received under this subsection 8(d)(ii) net of all income and payroll taxes that would not have been payable by the Employee had he continued participation in the benefit plan or program instead of receiving cash reimbursement. Notwithstanding the foregoing, but only to the extent required under federal banking law, the amount payable under subsection 8(d) shall be reduced to the extent that on the date of the Employee’s Separation from Service, the present value of the benefits payable under subsection 8(d) exceeds any limitation on severance benefits that is imposed by the Office of the Comptroller of the Currency (the “OCC”) on such benefits. All amounts payable to the Employee under subsections 8(d)(i) and 8(d)(ii) shall be paid in one lump sum within ten days of such Separation from Service. All amounts payable to the Employee under subsection 8(d)(iii) shall be paid on the first day of each month following the Employee’s Separation from Service, in an amount equal to the total reimbursable amount (demonstrated by invoices, bills or other proof of payment submitted by the Employee). Such amounts must be submitted for reimbursement no later than the earlier of: (i) six months after the date such amounts are paid by the Employee; or (ii) March 15th of the year following the year in which the Employee paid the amount.

  • Without Good Reason Subject to the terms of this Agreement, the Executive may voluntarily terminate his employment under this Agreement without Good Reason upon written Notice of Termination to the Company at least 30 days prior to the effective date of termination (which termination the Company may, in its sole discretion, make effective earlier than the date set forth in the Executive’s Notice of Termination).

  • OTHER LEAVE WITH OR WITHOUT PAY 17.01 In respect to applications for leave made pursuant to this Article, the employee may be required to provide satisfactory validation of the circumstances necessitating such requests.

  • Representations or Warranties The Collateral Agent shall not make nor shall it be deemed to have made any representations or warranties as to the validity, legality or enforceability of this Agreement, any other Loan Document or any other document or instrument or as to the correctness of any statement contained in any thereof, or as to the validity or sufficiency of any of the pledge and security interests granted hereby, except that the Collateral Agent in its individual capacity hereby represents and warrants (a) that each such specified document to which it is a party has been or will be duly executed and delivered by one of its officers who is and will at such time be duly authorized to execute and deliver such document on its behalf, and (b) this Agreement is or will be the legal, valid and binding obligation of the Collateral Agent in its individual capacity, enforceable against the Collateral Agent in its individual capacity in accordance with its terms, subject to the effect of any applicable bankruptcy, insolvency, reorganization, moratorium or similar law affecting creditors’ rights generally.

  • No Other Company Representations or Warranties (a) Each of Parent and Merger Sub acknowledges that (i) it and its Representatives have received access to such books and records, facilities, equipment, contracts and other assets of the Company which it and its Representatives have desired, requested or required to review, (ii) it and its Representatives have had reasonable opportunity to meet with the management of the Company and to discuss the business and assets of the Company, (iii) it and its Representatives have been afforded the opportunity to ask questions of and receive answers from personnel of the Company and (iv) it has conducted its own independent investigation of the Company and its Subsidiaries, their respective businesses and the transactions contemplated hereby. (b) Each of Parent and Merger Sub acknowledges that neither the Company nor any Person has made any representation or warranty, express or implied, as to the accuracy or completeness of any information regarding the Company furnished or made available to Parent, its Affiliates (including Merger Sub) and their respective Representatives (and has not relied on any representation, warranty or other statement made by the Company or any Person on behalf of the Company or any of its Subsidiaries), except for the representations and warranties expressly set forth in Article III (which includes exceptions set forth therein and in the Company Disclosure Schedule), and that all other representations and warranties, express or implied, are specifically disclaimed. Except for the representations and warranties expressly set forth in Article III (after taking into account exceptions set forth therein and in the Company Disclosure Schedule), neither the Company nor any other Person shall be subject to any liability to Parent, Merger Sub or any other Person resulting from the Company’s making available to Parent, its Affiliates (including Merger Sub) or any of their respective Representatives, or any such Person’s use of or reliance on, such information, including any Confidential Information (as defined in the Confidentiality Agreement) or presentation materials delivered to Parent, its Affiliates (including Merger Sub) or any of their respective Representatives, as subsequently updated, supplemented or amended, or any information, documents or material made available to Parent, its Affiliates (including Merger Sub) or any of their respective Representatives in the due diligence materials provided to Parent, its Affiliates (including Merger Sub) or any of their respective Representatives, including in any “data room,” management presentation (formal or informal) or in any other form in connection with the transactions contemplated by this Agreement (collectively, the “Company Information”). Without limiting the foregoing, except for the representations and warranties expressly set forth in Article III, the Company makes no representation or warranty, express or implied, to Parent or Merger Sub or any other Person with respect to (i) the information set forth in the Company Information, (ii) any financial projection or forecast relating to the Company or any of its Subsidiaries, whether or not included in the Company Information or (iii) any other information concerning the Company, any of its Subsidiaries or the transactions contemplated hereby.

  • Transfers Without Posting Lateral transfers or voluntary demotions may be granted, without posting for: (a) Compassionate or medical grounds to regular Employees who have completed their probationary period; (b) All Employees who have become incapacitated by industrial injury or industrial illness. In such cases, the Screening Committee outlined in 11.11 shall consider any applications or requests presented to the Committee. Each request for special consideration shall be judged solely on its merit.

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