Default or Termination Clause Samples
Default or Termination. 12.1 Except where specifically provided otherwise in this Agreement, in the event the Operator shall default in any of the covenants, agreements, commitments, or conditions herein, or if any of the conditions set forth herein shall occur, and any such default shall continue unremedied for a period of three (3) business days after written notice thereof to Operator, City may, at its option and in addition to all other rights and remedies which it may have at law or equity against Operator, including expressly the specific enforcement hereof and the enforcement of City ordinances, have the cumulative right to immediately terminate this contract and all rights of Operator under this Agreement. Termination of this agreement will also result in revocation or termination of operator’s license.
12.2 Notwithstanding anything to the contrary herein, City may suspend or terminate this Agreement and Operator must cease operations at any time if City finds, in its sole discretion that Operator’s ▇▇▇▇ is not in the best interest of the health, safety, or welfare of City’s residents and visitors.
12.3 Operator’s obligation with regards to indemnification as provided in Section 15 of this Agreement shall survive the expiration or termination of this Agreement with regards to any claims arising during such time as this Agreement was in effect.
12.4 Upon instances of Default or Termination, Operator shall remove its Shared Devices from the right-of- way within two (2) days of being notified of termination by City. If Operator fails to remove the Shared Devices upon due notice, any remaining Shared Devices may be removed by City at Operator’s expense. Operator shall not be entitled to damages for the removal of Shared Devices by City. Operator agrees to hold the City harmless for any damage to Shared Devices caused by City’s removal and or storage of such vehicles.
Default or Termination. In the event Subscriber defaults in the performance of any of the terms and conditions of this contract, including failure to make any payment as agreed, the balance of monies due for the unexpired term of this contract shall become immediately due and payable to Nexicom. In the event of any default by Subscriber, Subscriber authorizes Nexicom to enter Subscriber's premises and remove Nexicom equipment, and Nexicom shall not be responsible for repair or redecoration of any portion of Subscriber's premises upon removal of Nexicom equipment.
Default or Termination. In the event Subscriber defaults in the performance of any of the terms and conditions of this contract, including failure to make any payment as agreed, the balance of monies due for the unexpired term of this contract shall become immediately due and payable to Nexicom Communications Inc.. In the event of any default by Subscriber, Subscriber authorizes Nexicom Communications Inc. to enter Subscriber's premises and remove Nexicom Communications Inc. equipment, and Nexicom Communications Inc. shall not be responsible for repair or redecoration of any portion of Subscriber's premises upon removal of Nexicom Communications Inc. equipment.
Default or Termination. 7.1 Except where specifically provided otherwise in this Agreement, in the event the Company shall default in any of the covenants, agreements, commitments, or conditions herein, or if any of the conditions set forth herein shall occur, and any such default shall continue unremedied for a period of three (3) business days after written notice thereof to Company, City may, at its option and in addition to all other rights and remedies which it may have at law or equity against Company, including expressly the specific enforcement hereof and the enforcement of City ordinances, have the cumulative right to immediately terminate this contract and all rights of Company under this Agreement.
7.2 Prior to the conclusion of the Term of this Agreement, City may establish a Pilot Program of formalized regulations for Shared Active Transport Operation. If such Pilot Program is established prior to the conclusion of the Term, City shall have the right to terminate this Agreement.
7.3 Notwithstanding anything to the contrary herein, City may suspend or terminate this Agreement at any time if City finds, in its sole discretion, that Company’s Shared Active Transportation Operation is not in the best interest of the health, safety, or welfare of City’s residents and visitors.
7.4 Company’s obligation with regards to indemnification as provided in Section 12 of this Agreement shall survive the expiration or termination of this Agreement with regards to any claims arising during such time as this Agreement was in effect.
Default or Termination. In the event the Subscriber breaches the Agreement by reason of failure or refusal to pay Alarm Partners all payments as agreed herein, or in the event Subscriber wrongfully terminates this Agreement, Subscriber hereby agrees that Alarm Partners shall have the right to declare the entire remaining unpaid amount of monies owing hereunder immediately due and payable and Subscriber further agrees to pay same to Alarm partners within 10 days from the date of such breach or termination, provided however that in no event shall amount paid to Alarm Partners by Subscriber exceed the maximum permissible under the law. In the event that Subscriber fails to perform any other provision of this Agreement required to be observed, kept or performed by Subscriber, Alarm Partners shall have the right to exercise any one or more of the following remedies (a) To sue for all and recover all monies owing and other payments that accrued, or thereafter accruing or thereafter declared due and payable.
(b) To take possession of the system and any and all other items of equipment without any court order or other process of law and said taking of possession shall not constitute a waiver or release of Alarm Partners right to collect the amounts owing under this Agreement. (c) To Terminate this Agreement.
Default or Termination. Failure of either party to cure a default under this Agreement as soon as reasonably practical but, not less than thirty (30) days after receipt of written notice thereof, shall entitle the other party to immediately terminate this Agreement. A default which is not susceptible of cure within such thirty (30) days shall not give rise to a right of termination provided cure is commenced within thirty (30) days and diligently pursued to completion. Upon delivery of written notice of intent to terminate this Agreement by either party under this paragraph, ImOn shall be permitted to use the Premises for a period not to exceed one-hundred eighty (180) days at the end of which time ImOn shall remove the Equipment Enclosure and Equipment from the Premises.
Default or Termination. In the event Subscriber defaults in the performance of any of the terms and conditions of this Agreement, including the failure to make any payment as agreed herein, the balance of the monies due for the unexpired term of this Agreement shall become immediately due and payable at the option of STI. In addition, Subscriber agrees to pay STI all sums to which STI may be entitled under the law by virtue of said default, including reasonable attorney's fees, Removal of the System by STI as authorized pursuant to ▇▇▇▇▇▇▇▇▇ ▇▇ of this Agreement, shall not be considered a breach by STI of this Agreement or waiver of STI’s rights to such damages to which it may be entitled under the law.
Default or Termination. 64 Notice............................................................. 64
Default or Termination. The Customer authorises Panuku, upon default under the Agreement by the Customer or on termination of the Agreement, to disclose to the membership of the Marina Operators Association of NZ Inc any personal information held by Panuku about the Customer.
Default or Termination. 1. Either party has the right to terminate this Agreement upon a material default by the other party unless the default is remedied within thirty (30) days of written notification of the default by the non-defaulting party. If such default by its nature cannot be remedied within such thirty (30) day period, the defaulting party shall have such time as is reasonably necessary to remedy the default, provided such remedy is pursued with due diligence. Both parties acknowledge that they shall work diligently and in good faith with the other party to cure any default hereunder. Upon giving notice of default, the non-defaulting party shall agree to meet with the defaulting party during the cure period and make good faith efforts to aid such party in remedying the default. The defaulting party shall make good faith efforts to cure the default as promptly as possible. If the default is not cured within the period provided above, then:
a. If DT is the non-defaulting party, DT may terminate ninety (90) days notice following the expiration of the cure period; or,
b. If Kid Ease is the non-defaulting party, Kid Ease may terminate ninety (90) days notice following the expiration of the cure period.
2. If DT experiences a cumulative financial loss over any three (3) consecutive months, as determined by the application of generally acceptable accounting principles including allocable general and administrative costs (a “loss” for the purposes of this Agreement):
a. Then DT may request a “resolution meeting” in which Kid Ease shall make efforts to amend this Agreement in a manner that permits the Facility to operate profitably.
b. After the “resolution meeting,” if the Facility continues to experience a loss for any two (2) consecutive months, then DT may terminate after giving one month prior written notice to Kid Ease. Kid Ease may elect to require DT to continue to operate the Facility for no more than three months after DT’s noticed termination date. In exchange for the additional operation period, Kid Ease shall pay DT sufficient money to avoid any loss by DT during such additional period of time.
c. In the further event that Kid Ease refuses to hold a “resolution meeting,” (any such meeting to be held after prior written request no less than fifteen (15) days nor more than (30) days after receiving such notice) then DT may terminate this Agreement on one month written notice to be given no earlier than the (30th) day following the date a “resolution meeting” was req...