Remedies and Termination Sample Clauses

Remedies and Termination. In addition to any other of RIM’s rights or remedies set forth in this Agreement: (a) If You or Your Authorised Users breach this Agreement, RIM or its agent may, but is not obligated to, take certain actions they deem appropriate. Such actions may include temporary or permanent removal of Content, blocking or partial blocking of Internet transmissions, and/or the immediate suspension or termination of all or any portion of Your BlackBerry Solution or any Third Party Item used in conjunction with Your BlackBerry Solution. (b) RIM may, in addition to all other rights and remedies provided by this Agreement or by law; (i) immediately terminate this Agreement and any other license agreement between You and RIM for any other portion of Your BlackBerry Solution used by You or Your Authorised Users with the Software if You breach this Agreement, or any Addendum or other agreement You have in effect with RIM or a RIM affiliate including, by failing to pay any fees within thirty (30) days of their becoming due and payable; and/or (ii) cease to provide any RIM Service(s) to You or Your Authorised Users in relation to Your BlackBerry Solution. Where You have provided RIM with accurate contact information, RIM shall use reasonable commercial efforts to provide You with notice of termination. (c) If any BlackBerry Handheld Software is designed to enable You to access specific Third Party Service(s), and such Third Party Service(s) are to be no longer made available to You for any reason, RIM may, but has no obligation to, terminate Your license to use that BlackBerry Handheld Software, at any time, with or without notice to You; however, if feasible, RIM will use commercially reasonable efforts to provide You with notice of termination. If You have paid RIM for such BlackBerry Handheld Software and are not in breach of this Agreement, You may be entitled to a refund of all or a portion of the amount You paid to RIM for such BlackBerry Handheld Software, as set forth in RIM’s then current refund policy for the BlackBerry Handheld Software. Such refund, if any, will be Your exclusive entitlement and RIM’s sole liability to You in the event of a termination of such license. (d) In addition, RIM may terminate this Agreement and/or immediately cease to provide the RIM Service(s) without any liability whatsoever to You or Your Authorised Users if RIM is prevented from providing any portion or all of any RIM Service by any law, regulation, requirement or ruling issued in any...

Remedies and Termination. If any Party hereto believes another Party has breached this Agreement, it shall provide written notice of the breach. If the breach is not cured within sixty (60) days, remedies may include specific performance, termination of this Agreement, damages, and any other relief allowed by law. Should this Agreement be properly terminated, the Developer if terminated prior to meeting all of the Developer’s obligations under Sections 2 – 4), or the Town if the Developer’s License Agreement had previously terminated under Section 4.b hereof, shall remove at its sole cost and expense the Ditch Crossing and all structures necessary to return the SBCC Pipeline and the Ditch Company Property to a condition which, at a minimum, is equivalent to the condition of the SBCC Pipeline and the Ditch Company Property prior to the initiation of Construction and reasonably acceptable to the Ditch Company. In the event of such termination, all relevant portions of this Agreement shall survive termination of the Agreement until such time as the Ditch Crossing and structures are removed and the condition of the SBCC Pipeline and the Ditch Company Property is restored. The Developer or the Town may, at any time unrelated to termination, remove the Ditch Crossing and restore the SBCC Pipeline and Ditch Company Property at no cost to the Ditch Company prior to termination of the License Agreement. However, the removal of the Ditch Crossing and restoration of the SBCC Pipeline and Ditch Company Property, whether due to termination of this Agreement or otherwise, shall be subject to all provisions of this Agreement, including but not limited to Sections 2 and 3 hereof, similar to the original Construction, and shall require prior approval by the Ditch Company regarding any necessary plans or specifications, and shall not adversely affect the Ditch Company Rights. Any costs incurred by the Ditch Company associated with the removal of the Ditch Crossing and restoration of the SBCC Pipeline and Ditch Company Property shall be reimbursed by the entity doing the work (Developer or Town) pursuant to Section 8, above.

Remedies and Termination. For purposes of this section the State Remedies and Termination provisions above apply as written.

Remedies and Termination. If after notice and expiration of the cure periods and procedures set forth in Section 8.1, the alleged Event of Default is not cured, the non- defaulting Party, at its option, may institute legal proceedings pursuant to Sections 8.3 or 8.4 of this Development Agreement and/or terminate this Development Agreement. In the event that this Development Agreement is terminated pursuant to this Section 8.2 and litigation, or mediation is instituted which results in a final decision that such termination was improper, then this Development Agreement shall immediately be reinstated as though it had never been terminated.

Remedies and Termination. In the event of a Default, an alleged Default, or a reasonably anticipated Default, written, emailed, or faxed notice of such Default shall be served to the School/Government Supplier by the Company, describing the Default and declaring the Company's intention to give notice of the termination of this Agreement unless the Default is cured to the satisfaction of the Company within a reasonable time period. If, within said period of time, the School/Government Supplier in Default does so remedy or remove the cause or causes of Default to the satisfaction of the Company, then such notice shall be deemed to have been withdrawn and this Agreement shall continue in full force and effect. If the School/Government Supplier does not so remedy or remove the cause or causes of Default within said period of time, then this Agreement may, at the Company's discretion, terminate. School/Government Pool Customers designated within the School/ Government Supplier's Pool will be notified that the School/Government Supplier is in Default and will return to Company's Sales Service as soon as possible unless provisions have been made by such customers to immediately enroll with a different school/government supplier. Any termination or cancellation of this Agreement, pursuant to this Article 7 shall be without waiver of any remedy, whether at law or in equity, to which the party not in Default otherwise may be entitled for breach of this Agreement. In the event that School/Government Supplier files a petition for relief under the federal bankruptcy laws, or School/Government Supplier's creditors file an involuntary bankruptcy petition, during the term of this Agreement, and this Agreement has not been terminated for non-delivery of gas supplies, then School/Government Supplier shall cause a notice to be filed with the federal bankruptcy court having jurisdiction, and within five (5) days of the bankruptcy court's issuance of an order for relief shall take all actions necessary to declare its intentions with regard to assuming or rejecting this Agreement. Failure to file and take the required action within said five (5) day period would constitute notice that School/Government Supplier intends to reject this Agreement. If this Agreement is terminated due to non-delivery of supplies by School/Government Supplier, or if Company is notified of School/Government Supplier's intention to reject this Agreement in accordance with federal bankruptcy laws, then Company shall notify Schoo...

Remedies and Termination. (a) The Existing Shareholder Indemnifiable Warranties (other than the Fundamental Warranties, the Tax Warranties and the Existing Shareholder Indemnifiable Warranties contained in paragraph 18.3 of Schedule 1A) and the Pre-Completion Covenants to be performed by the Parent or the Existing Shareholders shall survive until the date that is twenty-four (24) months after the Completion Date. The covenants and agreements contained in this Agreement that are to be performed at or after the Completion shall survive the Completion until fully performed in accordance with their respective terms. The aggregate Losses for which the Parent and the Existing Shareholders shall be liable to the AerCap Indemnitees in respect of all breaches of all Existing Shareholder Indemnifiable Warranties (other than the Fundamental Warranties) shall not exceed one billion U.S. dollars (US$1,000,000,000), provided that with respect to breaches of Existing Shareholder Indemnifiable Warranties (other than the Fundamental Warranties), the Parent and the Existing Shareholders shall not be liable for any Losses unless the aggregate amount of all such Losses exceeds on a cumulative basis forty million U.S. dollars (US$40,000,000) (the “Basket Amount”) and then only to the extent such aggregate Losses exceed the Basket Amount. The aggregate Losses for which the Parent and the Existing Shareholders shall be liable to the AerCap Indemnitees pursuant to clause 16.3(a)(i) (when taken together with the aggregate Losses for which Parent and the Existing Shareholders are liable to the AerCap Indemnitees in respect of all breaches of all Existing Shareholder Indemnifiable Warranties) shall not exceed two billion U.S. dollars (US$2,000,000,000). The Fundamental Warranties shall survive indefinitely after the Completion Date. The Tax Warranties shall survive until the date that is 36 months after the Completion Date. The Existing Shareholder Indemnifiable Warranties contained in paragraph 18.3 of Schedule 1A shall survive until the date that is twelve (12) months after the Completion Date. All Warranties other than the Existing Shareholder Indemnifiable Warranties shall terminate and be extinguished as of the Completion Date, and the Parent and the Existing Shareholders shall have no liability with respect to such Warranties after the Completion Date. (b) The AerCap Indemnifiable Warranties (other than the AerCap Fundamental Warranties and the AerCap Indemnifiable Tax Warranties) and the Pre-Completio...

Remedies and Termination. If the Seller shall default in the payment of any amount for a period often (10) days beyond the due date of such payment, the Buyer shall, in its own discretion and without prior notice to Seller, may do any one or more of the following: (i) suspend performance under the Order Confirmation or any other agreement between Seller and Buyer; (ii) terminate the Order Confirmation or any other agreement between Seller and Buyer, whereby any and all obligations of Seller, including payments or deliveries due, will, at the option of Buyer, become immediately due and payable or deliverable, as applicable; and/or (iii) Set-off against any amount that Buyer (or any of its affiliates) owes to Seller (or any of its affiliates) under the Order Confirmation or any other agreement between or among any such parties. If Buyer suspends performance and withholds delivery of the Product as permitted above, it may buy the Product to a third party and deduct from the proceeds of such buy the sale price and all reasonable costs resulting from Seller’s default as identified above, including, without limitation, all costs associated with the transportation (including demurrage and other vessel or shipping related charges), storage, and buy of the Product. Buyer expressly reserves the right to cause the liquidation or cancellation of this Agreement because of: (i) the insolvency or financial condition of the Seller; (ii) the commencement of a case or the appointment of or a taking of possession by trustee or custodian under 11 U.S.C. Section 101 et seq. or successor legislation in effect as of the date hereof; (iii) any and all other defaults of the terms and conditions specified herein; or (iv) the institution or price of quantity controls by any government, governmental agency or governmental authority which are lower than the price or less than the quantity set forth in the Order Confirmation or Invoice. Seller agrees and understands that in the event that any amounts that are not paid in accordance herewith. Buyer may assign or enforce the same for collection. Buyer does not waive its right by accepting late payments. Seller agrees to pay reasonable attorney fees and costs of collection, including any incurred in proceedings due to insolvency or bankruptcy. WARRANTIES, QUALITY, AND ASSUMPTION OF RISK: Buyer warrants only that it has good title to any product sold and such product conforms to its stated specifications. EXCEPT AS OTHERWISE EXPRESSLY SET FOR I II HEREIN, BUYER MAK...

Remedies and Termination. The termination, cancellation and extension of this Agreement shall be conducted in compliance with the Labor Employment Law of the People’s Republic of China, as well as relevant provincial and municipal regulations.

Remedies and Termination. If, after notice and expiration of the cure periods and procedures set forth in Sections 7.1 and 7.2, the alleged Event of Default is not cured, the non-defaulting Party shall commence mediation in accordance with Section 7.4 below and if such mediation is unsuccessful, the non-defaulting Party may, at its option, institute legal or judicial reference proceedings pursuant to Section 7.6 of this Development Agreement and/or terminate this Development Agreement pursuant to Section 7.7 herein. In the event that this Development Agreement is terminated pursuant to Section 7.7 herein and litigation or judicial reference is instituted that results in a final decision that such termination was improper, then this Development Agreement shall immediately be reinstated as though it had never been terminated.