Inability to Operate. Notwithstanding anything else herein to the contrary, if prior to Closing, the Clearview Group is rendered substantially unable to operate the Business for a period of time equal to or greater than 30 days by any reason beyond the Clearview Group's control and which it cannot reasonably cure, including but not limited to destruction of a substantial portion of the Assets or if the whole or any part of the Real Property shall be acquired or condemned by Eminent Domain for any public or quasi-public use, the Clearview Group at its option, which may be exercised by written notice given to the GG Group within thirty (30) business days after the Clearview Group's receipt of notice of such loss, may terminate this Agreement, effective immediately.
Appears in 2 contracts
Sources: Asset Purchase and Management Agreement (Clearview Cinema Group Inc), Asset Purchase Agreement (Clearview Cinema Group Inc)