Default Termination for Cause and Dispute Resolution Clause Samples

Default Termination for Cause and Dispute Resolution. SECTION 9.1 RIGHT OF CITY TO PERFORM SERVICES IN CERTAIN CIRCUMSTANCES: (A) Franchisee Failure to Collect Solid Wastes for Any Reason. Should Franchisee, for any reason whatsoever, fail, refuse or be unable to collect, transport and dispose of any or all solid wastes which it is herein obligated to collect, transport and dispose of in the time and manner and as herein this Franchise provided, for a period of more than seventy-two (72) hours after the designated collection time, or if in any lesser time period solid wastes should accumulated in the City to such an extent, in such manner, or for such time that the City Manager or City Council should find that such accumulation endangers or menaces the public health, safety, welfare, then, in any of those events, the City shall have the right, upon notice to Franchisee, during such period, to take possession of any or all of the operating assets necessary in the collection, transportation, processing and disposal of the solid wastes, kept or accumulated in the City, and use such property to collect, transport and dispose of any or all solid wastes which Franchisee would otherwise be obligated to collect, transport and dispose of pursuant to this Franchise. Franchisee agrees that in such event it will fully cooperate with the City to effect such a transfer of possession of the operating assets for the City’s use of the same for the collection, transportation and disposal of solid waste materials. Franchisee agrees that, in such event, the City may take possession of and use all of the operating assets for the above-mentioned purposes without paying Franchisee or any other person any rental or any other charges or compensation whatsoever for such possession and use. The City may in such circumstances operate the operating assets with its employees, or cause the operating assets to be operated by subcontractors to the City.
Default Termination for Cause and Dispute Resolution 

Related to Default Termination for Cause and Dispute Resolution

  • Consultation and Dispute Resolution 1. The Parties shall promptly consult, at the request of either of them, on any question arising out of the interpretation or application of this Agreement. Any disputes concerning the interpretation or application of this agreement shall be settled by friendly consultations between the Parties. 2. Paragraph 1 shall not prevent the Parties from having recourse to dispute settlement procedures under the Partnership and Cooperation Agreement establishing partnership between the European Communities and their Member States, and Ukraine.

  • BREACH; TERMINATION Customer may terminate this Agreement at any time in its sole discretion by providing notice to the Company not less than one hundred and eighty (180) days before such termination. In the event of breach of any material terms or conditions of this Agreement, if the breach has not been remedied within 30 days following receipt of written notice thereof from the other Party (provided that, if the breaching Party has commenced and is diligently pursuing efforts to cure such breach, then such 30-day period shall be extended until the earlier of (i) 30 additional days or (ii) end of diligent efforts to cure the breach), then the non-breaching party may terminate this Agreement by written notice at any time until cure of such breach occurs. In the event of any proceedings by or against either Party in bankruptcy, insolvency or for appointment of any receiver or trustee or any general assignment for the benefit of creditors (excluding, for the avoidance of doubt, an assignment in accordance with Article X or other collateral), the other Party may terminate this Agreement. If the Customer increases the capability or the capacity of the Facility to exceed 4.999 MW, this Agreement shall immediately terminate. The Company shall not be liable to the Customer for damages resulting from a termination pursuant to this paragraph. If the Customer's generating equipment produces zero (0) kilowatt-hours during any period of twelve (12) consecutive Billing Periods after the Commercial Operation Date, the Company may terminate this Agreement.

  • Alternate Dispute Resolution In the event of any issue of controversy under this Agreement, the PARTIES may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to, conciliation, facilitation, mediation, and fact finding.