Effective Date Term and Termination Sample Clauses
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Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 The term of this Agreement shall expire on February 4, 2007 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration), this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expir...
Effective Date Term and Termination. 2.1 Effective Date 2.2 Term of Agreement 2.3 Termination Procedures
2.3.1 Written Notice
2.3.2 Default 2.3.3 Suspension of Work 2.3.4
Effective Date Term and Termination. 1.1 The effective date ("EFFECTIVE DATE") of this Agreement shall be the date first above written.
1.2 The term of this Agreement ("TERM") commences on the Effective Date, and unless the Agreement is terminated pursuant to Section 1.3 or 1.4, it shall continue in force until "Completion Date" (as defined in Section 3.2).
1.3 Each party may terminate this Agreement (effective immediately upon written notice) if the other party materially breaches any provision of this Agreement if such breach continues and is not cured within [***] after written notice thereof by the non-breaching party, including the nature of the breach upon which such notice is based. SVI may terminate this Agreement upon written notice to Customer if Customer fails to pay, within [***] of a Payment Date, any amount payable hereunder. SVI may suspend its performance of services under the terms of this Agreement pending receipt of such payment. Any such termination by SVI shall not affect SVI and Customer's respective rights with respect to any Deliverables and/or Professional Services delivered or performed and fully paid during the Term.
1.4 Customer may terminate this Agreement during the Term (a) upon written notice to SVI after [***] prior written notice, provided that Customer shall remain obligated to pay to SVI all amounts due SVI to such termination date (b) upon [***] written notice to SVI after a change of control (as defined in Section 13.1), or (c) on the occurrence of any of the following: (i) an assignment by SVI for the benefit of creditors; (ii) the appointment of a trustee or receiver for substantially all of SVI's assets; or (iii) to the extent termination is enforceable under the U.S. Bankruptcy Code, a proceeding in bankruptcy is instituted against SVI which is acquiesced in, is not dismissed within [***], or results in an adjudication of bankruptcy.
1.5 After expiration or termination of this Agreement for any reason, other than related to Customer's breach, SVI shall promptly deliver any partially-created Deliverable that exists as of the expiration or termination date; provided that Customer pays SVI all amounts then due SVI. Upon delivery, such Deliverable shall be considered a "Deliverable" for all purposes hereunder.
1.6 Subject to each party's rights, remedies and defenses relating to any breach by the other party, the provisions of Sections 1.5, 1.6, 6 (with respect to Deliverables delivered in the Term, subject to Section 1.5), 9.1 (with respect to fees accru...
Effective Date Term and Termination. 5.1 Subject to Commission approval, the Effective Date of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Effective Date Term and Termination. 8.1 Effective Date:
8.1.1 In AT&T-22STATE, with the exception of AT&T OHIO and AT&T WISCONSIN, the Effective Date of this Agreement shall be ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AT&T OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing. In AT&T WISCONSIN, the Effective Date of this Agreement shall be ten (10) calendar days after the mailing date of the final order approving this Agreement.
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule B-1;
(ii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued within the limits and rules described in Schedule C-1;
(iv) are in compliance with all of the other terms and provisions of this Agreement;
(v) have elected the Guaranteed Minimum Income Benefit, as described in Schedule A, on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vi) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) October 31, 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 70% or less of its U.S. GAAP surplus position as of December 31, 2001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus position as of December 31, 2001 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall ▇▇▇▇▇▇▇ ▇▇▇▇▇ & ACE Tempest GMIB 7 be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 70% of its U.S. GAAP surplus position as of December 31, 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreem...
Effective Date Term and Termination. 5.1 In SBC-13STATE, with the exception of SBC OHIO, the Effective Date of this Agreement shall be ten
Effective Date Term and Termination. 22.1 This Agreement shall be effective ten (10) days after approval by the PUC of Nevada when it has determined that the Agreement complies with Sections 251 and 252 of the Act (“Effective Date”).
22.2 The initial term of this Agreement shall expire on October 25, 2000. Absent the receipt by one Party of written notice from the other Party at least sixty (60) days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term of this Agreement, this Agreement shall automatically renew and remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 22.3, below.
22.3 Either Party may terminate this Agreement in the event that the other Party fails to perform a material obligation that disrupts the operation of either Party’s network and/or End User service and fails to cure such material nonperformance within forty-five (45) days after written notice thereof.
22.4 If pursuant to Section 22.2, above, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement ninety (90) days after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Section 22.5, below. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 22.4 other than its obligations under Section 22.5, below.
22.5 Upon termination or expiration of this Agreement in accordance with this Section 22, above:
(a) each Party shall comply immediately with its obligations set forth in Section 30.6, below; and
(b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; and
(c) each Party 's indemnification obligations shall survive.
22.6 If upon expiration or termination the Parties are negotiating a successor agreement, during such period each Party shall continue to perform its obligations and provide the services described herein that are to be included in the successor agreement until such time as the latter agreement becomes effective; provided however, that if the Parties are unable to reach agreement within six (6) months after termination or expiration of this Agreement, either Party has the right to submit this matter to the Commission for resolution. Until a survivor agreement is reached or the Commission resolves the matter, whichever is sooner, the terms, conditions, rates, a...
Effective Date Term and Termination. 2.1. This Agreement shall be effective on the later of the dates that it is executed by the Company and Consultant (the “Effective Date”) and shall terminate as of the date Services are completed (the “Term” as further defined and outlined in Appendix A) unless: (i) this Agreement is sooner terminated as provided in Section 2.2 below; or (ii) the parties agree in writing to extend the Term for a mutually agreed upon period.
2.2. The Agreement and the Services provided by Consultant may be terminated by either Consultant or the Company, at any time and for any reason, upon five (5) days prior written notice of termination.
Effective Date Term and Termination. A. The effective date of this Agreement is January 1, 1997. This Agreement remains effective for all annuity contracts subject to this Agreement written by Integrity Life through December 31, 2001, unless terminated pursuant to the paragraphs listed below.
B. Once each calendar year, Integrity Life shall have the option to recapture existing contracts beginning with the twentieth (20) anniversary of their reinsurance hereunder. Recapture must be made on an issue year basis, and no contracts can be recaptured unless all contracts with earlier issue years are recaptured.
C. Connecticut General shall have the option of terminating this Agreement for new business or for new and existing business, upon delivery of thirty (30) calendar days written notice to Integrity Life, within thirty (30) days of the happening of any of the following events:
(1) Integrity Life’s A. M. Best rating is reduced to a “C” or lower.
(2) Integrity Life’s domiciliary state’s insurance regulators take any regulatory action potentially adversely affecting its license to conduct business, including without limitation placement on a “watch list;”
(3) An order appointing a receiver, conservator or trustee for management of Integrity Life is entered or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of Integrity Life.
(4) Integrity Life withdraws from or substantially reduces the active marketing of policy forms identified in Schedule B.
(5) The Securities and Exchange Commission takes any regulatory action with respect to Integrity Life that potentially adversely affects its conduct of business.
D. Connecticut General shall have the option of terminating this Agreement for new and existing business, should Integrity Life fail to pay premium in accordance with Article V. If, during the thirty (30) days notice period, Connecticut General receives all premiums in arrears and all premiums which may become due within the thirty (30) days notice period, the notice of termination shall be deemed withdrawn. In the event of termination under this paragraph, this agreement may be reinstated upon the written consent of Connecticut General if, at any time with sixty (60)day of termination, Integrity Life pays and Connecticut General receives all premiums due and payable up to the date of reinstatement.
E. Integrity Life shall have the option of terminating this Agreement for new business or for new and existing business, upon delivery of thirty (30) calendar day...