Termination and Breach. 9.1 Either party may terminate the Licence upon giving the other not less than 3 months written notice served so as to expire on any anniversary of the Commencement Date.
9.2 If the Licensee commits any material breach of any of the provisions of this Licence and remains in breach fourteen (14) days after receiving notice to remedy such breach (where the breach is remediable) then CLA, without prejudice to any of its other rights, may by notice either terminate the Licence or suspend the Licence until CLA shall be satisfied such breaches will not recur.
9.3 Either party may terminate the Licence by notice in writing to the other if and when a supervisor, receiver, administrator, administrative receiver or other encumbrancer takes possession of, or is appointed over, the whole or any substantial part of the other party’s assets or if and when the other party enters into any arrangement or composition with or for the benefit of its creditors (including any voluntary arrangement under the Insolvency Act 1986) or if and when a petition is presented for the purpose of the making of an administration order or the winding-up of the other party which is not discharged within seven (7) days of the presentation of such a petition or if the other party is placed into liquidation or administration or if the other party is dissolved or if a resolution for the winding-up of the other party is passed (other than a voluntary liquidation for the purpose of reconstruction in which all creditors’ claims will be discharged in full) or if a bankruptcy petition is presented against the other party which is not discharged within seven (7) days of its presentation.
Termination and Breach. (A) This Agreement shall continue in full force and effect during the Term or Renewal Term hereof unless and until terminated in accordance with the provisions of this Agreement. Nothing in this Agreement or otherwise shall be construed as a requirement that the City will request any amount of work or services to be performed by Contractor, and any amount of work or services requested or to be performed will be at the sole discretion of the City.
(B) In the event of any material breach of this Agreement by either party, the other party may terminate this Agreement immediately by giving written notice thereof to the other party.
(C) In the absence of a material breach of this Agreement by Contractor, the City may terminate this Agreement with or without cause by giving Contractor written notice of its election to terminate said Agreement. In such case, the City agrees to pay Contractor on a pro rata basis for all work or services performed by the Contractor with the City’s approval up to the date of notice of termination.
Termination and Breach. 13.1 The termination of this Agreement or any part thereof however caused and the serving of notice to terminate shall be without prejudice to any obligations or rights of any of the parties which have accrued prior to such termination and shall not affect any provision of this Agreement which is expressly or by implication provided to come into effect on or to continue in effect after such termination
13.2 Without prejudice to any other rights or remedies this Agreement or any part thereof shall terminate on the earlier of:-
13.2.1 unanimous agreement of all the Participating Councils and Transport for London in respect of the functions set out in Part 2 of Schedule 2 13.2.2 unanimous agreement of all the Participating Councils in respect of the functions set out in Part 3 of Schedule 2
Termination and Breach. 13.1 The termination of this Agreement or any part thereof, however caused, and the serving of notice to terminate shall be without prejudice to any obligations or rights of any of the parties which have accrued prior to such termination and shall not affect any provision of this Agreement which is expressly or by implication provided to come into effect after such termination.
13.2 Without prejudice to any other rights or remedies, this Agreement or the relevant part thereof shall terminate on the earlier of:
13.2.1 the unanimous agreement of all the London Local Authorities which are subscribers to any of the groups of functions listed in Schedule 2 […]37 or any Sectoral joint committee; agreement of the LHUC members on 13 November 2007 to dissolve the LHUC and London Councils (Leaders’ Committee) decision on 11 December 2007 to reduce the notice period for termination. [Deleted: any functions listed in Schedule 3] 36Terminated under clause 13.2.1 following the dissolution of the London Housing Unit Committee with effect from 31 March 2008 in accordance with the decision of the Executive on 29 September 2006 to integrate the LHUC services into the core London Councils (Leaders’ Committee) services, the unanimous agreement of the LHUC members on 13 November 2007 to dissolve the LHUC and London Councils (Leaders’ Committee) decision on 11 December 2007 to reduce the notice period for termination. [Deleted: the London Housing Unit Committee or] 37 Terminated under clause 13.2.1 following the dissolution of the London Housing Unit Committee with effect from 31 March 2008 in accordance with the decision of the Executive on 29 September 2006 to integrate the LHUC services into the core London Councils (Leaders’ Committee) services, the unanimous agreement of the LHUC members on 13 November 2007 to dissolve the LHUC and London Councils (Leaders’ Committee) decision on 11 December 2007 to reduce the notice period for termination. [Deleted: -3]
13.2.2 where by reason of any change in law, or other reason not attributable to the fault of the London Local Authorities, they shall be prohibited from giving effect to their obligations hereunder.
13.3 This Agreement may be terminated by [London Councils] by a two-thirds majority of those members present and voting in relation to any London Local Authority in respect of any of the groups of functions set out in Schedule 2 or any future functions which are delegated to [London Councils], and shall be terminated in relati...
Termination and Breach. This License Agreement shall be terminated upon (a) the voluntary filing by MARKETING of a bankruptcy petition or an involuntary bankruptcy proceeding having been commenced and not stayed or terminated within 120 days of such commencement or (b) the termination of the Master Lease in accordance with its terms. REALTY shall have the right to terminate this License Agreement upon the determination that a Material Non-Monetary Default has occurred, as provided in this Paragraph 13, and such Material Non-Monetary Default has not been cured by MARKETING within one year of such determination or within thirty (30) days of such determination if the breach giving rise to such Material Non-Monetary Default is the commingling of Branded Gasoline as described in Section 1 of Schedule B attached hereto. REALTY’s only remedy with respect to breaches by MARKETING other than Material Non-Monetary Defaults shall be to seek damages or injunctive relief. In the event of any breach or threatened breach of this License Agreement or a claimed Material Non-Monetary Default, notice shall be given and the parties shall promptly consult in good faith to cure such breach, with the party at fault being given an adequate period of time to remedy the matter. If such breach or claimed Material Non-Monetary Default is not cured within sixty (60) days of the notice, the matter may be submitted to arbitration in accordance with Paragraph 15 below, which may include a determination whether a material breach or Material Non-Monetary Default, as the case may be, has occurred and/or been cured. In the event the arbitrator determines that a material breach has occurred, the arbitrator shall not be authorized to terminate this License Agreement but shall be authorized to issue any other order or award any other relief deemed appropriate, including, without limitation, injunctive relief.
Termination and Breach. (a) Where the Housing Provider commits a breach of any Section under this Agreement, or where the funding under this Agreement is used for a purpose other than permitted under this Agreement, and the Housing Provider fails to take remedial action as requested by CMHC within thirty (30) days of having received written notice thereof, then CMHC may, at its option
(i) suspend funding under this Agreement until the requested remedial action is taken;
(ii) discontinue the Rental Assistance payments with respect to the particular Assisted Housing Units involved in the default; or,
(iii) terminate this Agreement upon further thirty (30) days’ written notice
(b) CMHC, may at its option, terminate immediately in the case of fraud, gross negligence, misappropriation of funds or gross misconduct on the part of the Housing Provider.
(c) The Housing Provider may terminate this Agreement prior to the end of the Term by providing sixty (60) days’ written notice thereof.
(d) Should the Housing Provider cease to meet the eligibility criteria established under Schedule “A” of this Agreement, or dispose of, other than as described in Section 10, or discontinue the provision of all of its Assisted Housing Units, CMHC may terminate this Agreement upon thirty (30) days’ written notice.
(e) The failure of the Housing Provider to adequately manage or maintain any of the Assisted Housing Units or the Project in which they are located, as required under Section 16, shall constitute a breach of this Agreement.
(f) The insolvency or bankruptcy of the Housing Providers or the appointment of a receiver to manage any of the assets of the Housing Provider shall constitute a breach of this Agreement.
(g) It is understood that a Total Loss which renders one or more Assisted Housing Units uninhabitable shall not constitute grounds for the termination under this Agreement, provided that the Housing Provider proceeds diligently to repair, restore and make the damaged unit/units habitable. This is provided, however, that the funding under this Agreement shall cease with respect to such unit or units until they can again be occupied. The Parties hereto agree that in the event of a Total Loss of all housing units in the Project, then this Agreement shall terminate once such Total Loss is established by CMHC.
(h) In the event that an Assisted Household is in breach of any requirement under this Agreement, including any false submission and/or omission of information, CMHC’s obligations to provide...
Termination and Breach. 13.1 Either party may terminate this Agreement by giving 30 calendar days prior notice to the other party or such other period as agreed by the Parties.
13.2 If this Agreement is terminated pursuant to clause 13.1 the State will not be liable for payment to the Customer for any compensation relating to loss of profit, revenue, goodwill or business opportunity, damage to reputation and any indirect or consequential loss or any other reason in relation to termination.
13.3 The State may terminate this Agreement by notice to the Customer if:
(a) an Unexpected Event occurs;
(b) the Customer no longer meets the State’s eligibility criteria for participation in the VRS – Easy Pay option;
(c) the Customer gives notice of a Conflict of Interest or the State otherwise identifies a Conflict of Interest;
(d) the Customer breaches any provision of this Agreement and that breach is incapable of remedy;
(e) the Customer breaches any provision of this Agreement and, if that breach is capable of being remedied, the Customer fails to remedy the breach within fourteen days of receiving written notice from the State of the breach;
(f) the Customer:
i. becomes insolvent or bankrupt or being a company goes into liquidation or has instituted against it any action or proceeding which has an object or may result in bankruptcy or liquidation; or
ii. has a receiver or manager appointed or a mortgagee goes into possession of any of its assets or becomes subject to any form of external administration; or
iii. enters into an arrangement with its creditors or otherwise takes advantage of any laws in force in connection with insolvent debtors; or
iv. is wound up, voluntarily or involuntarily; or
(g) the Customer indicates that it is unwilling to complete this Agreement.
13.4 If the State terminates this Agreement, the termination is without prejudice to any rights of the State under this Agreement or at common law.
Termination and Breach. 11.1 If the Licensee commits any material breach of any of the provisions of the Agreement and remains in breach 14 days after receiving notice to remedy such breach (where the breach is remediable) then CLA, without prejudice to any of its other rights, may by notice either terminate the Agreement or suspend the Agreement until CLA shall be satisfied such breaches will not recur.
11.2 Either party may terminate the Licence by notice in writing to the other if and when a supervisor, administrator, receiver, administrative receiver or other encumbrancer takes possession of, or is appointed over, the whole or any substantial part of the other party’s assets or if and when the other party enters into any arrangement or composition with or for the benefit of its creditors (including any voluntary arrangement under the Insolvency Act 1986) or if and when a petition is presented for the purpose of the making of an administration order or the winding-up of the other party which is not discharged within 7 days of the presentation of such a petition or if the other party is placed into liquidation or administration or if the other party is dissolved or if a resolution for the winding up of the other party is passed (other than a voluntary liquidation for the purpose of reconstruction in which all creditors’ claims will be discharged in full) or if a bankruptcy petition is presented against the other party which is not discharged within 7 days of its presentation.
Termination and Breach a. SANYO may terminate this Agreement under the following circumstances:
i. Failure by HOKU to achieve one or more of the technical milestones as defined in Exhibit D of this Agreement within three (3) months after the intended date, as indicated by Exhibit D.
ii. Any material violation by HOKU of the other covenants of this Agreement, and failure by HOKU to cure such violation within thirty (30) days after written notice from SANYO.
b. HOKU may terminate this Agreement under the following circumstances:
i. Any failure by SANYO to fulfill its payment obligation according to the dates and amounts prescribed in Exhibit D.
ii. Any material violation by SANYO of the other covenants of this Agreement, and failure by SANYO to cure such violation within thirty (30) days after written notice from HOKU.
Termination and Breach. A. UCCR and Licensee agree that these terms and conditions are material inducements to the execution of this Agreement, and that the breach of any one or more of said provisions shall be a material breach entitling UCCR to terminate this Agreement without notice. Waiver of one or more breaches shall not be construed as waiver of any subsequent or other breaches.
B. UCCR may terminate this Agreement without any liability upon ten (10) days prior written notice to Licensee either 1) with cause or 2) upon a determination by UCCR, in its sole and exclusive judgment, that the requirements of the State Fire Marshal, the Department of Public Health and Safety, or any statute, rule or regulation of any federal state or local body, imposes undue requirements or hardship on UCCR. In such latter events, all amounts paid by Licensee to UCCR shall be fully refunded.
C. If the Facility is destroyed by fire or other cause or is so damaged that it is untenantable, this Agreement may, in the discretion of UCCR, be terminated and Licensee shall have no further obligation hereunder.
D. In the event a legal action or other proceeding is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party those of its fees and costs incurred in the proceeding which the Finder of Fact shall, in its sole discretion, apportion in its favor.
E. In the event of cancellation by Licensee, Licensee will be released from payment of the Guaranteed Minimum Fee provided UCCR receives written notice of the termination no later than 90 days prior to the event, or UCCR re-licenses the same facilities for the same period of time at the same fee. UCCR agrees to use its best efforts to re-license the Facility in this event. If Licensee terminates this Agreement without using the Facility as agreed and if UCCR cannot re-license the Facility, then Licensee agrees to pay to UCCR the entire amount of the Guaranteed Minimum Fee as liquidated damages.
