Common use of Right to Terminate this Agreement Clause in Contracts

Right to Terminate this Agreement. In addition to any other termination rights of a Party set forth herein: (a) At any time after the first two (2) years following execution of this Agreement, Host may require that Provider certify within sixty (60) days of notice from Host that all of the conditions precedent set forth in Section 2.5 have been met or waived. If Provider cannot or does not so certify as the result of delays in securing necessary utility of governmental approvals, Host may grant Provider a grace period of an additional six (6) months to certify that all of the conditions precedent set forth in Section 2.5 have been met. At the end of any such grace period or if no grace period is granted, Provider or Host may terminate this Agreement without liability to either party. Termination pursuant to Section 2.7(a) shall relieve Host from any further obligations under this Agreement with regard to the System, including but not limited to the obligation to pay an Early Termination Fee. (b) If Provider (with Host’s assistance to the extent reasonably necessary) is unable after good faith effort to reserve a rebate or subsidy in an amount required by Provider for applicable financing , said rebate or subsidy being made available from the state, local utility or other source for the installation of the applicable System as designed, or if any of the conditions in Section 2.5 are not met, Provider has the unilateral right to terminate this Agreement upon written notice to Host; provided that in the case where the Installation Work has been initiated or substantially completed, Provider shall promptly after such termination, at Provider’s expense, remove any and all System infrastructure or components within the timeframe specified in Section 2.4. Termination pursuant to Section 2.7(b) shall relieve either Party from any further obligations under this Agreement with regard to the System, including but not limited to the obligation to pay an Early Termination Fee.

Right to Terminate this Agreement. In addition to any other termination rights of a Party set forth herein: (a) At any time after the first two (2) years following execution of this Agreement, Host may require that Provider certify within sixty (60) days of notice from Host that all of the conditions precedent set forth in Section 2.5 have been met or waivedmet. If Provider cannot or does not so certify as the result of delays in securing necessary utility of governmental approvals, Host may may, in its sole discretion, grant Provider a grace period of an additional six (6) months to certify that all of the conditions precedent set forth in Section 2.5 have been met. At the end of any such grace period or if no grace period is granted, Provider or Host may terminate this Agreement without liability to either party. Termination pursuant to Section 2.7(a) shall relieve Host from any further obligations under this Agreement with regard to the System, including but not limited to the obligation to pay an Early Termination Fee. (b) If Provider after the first two years following execution of this Agreement (with Host’s assistance to the extent reasonably necessary, but at no cost or expense to Host) is unable after good faith effort to reserve obtain a rebate or subsidy in an amount required by Provider for applicable financing , said rebate or subsidy being made available from the state, local utility or other source for the installation of the applicable System as designeddesigned in an amount required by Provider for applicable financing, or if any of the conditions in Section 2.5 are not met, Provider has the unilateral right to terminate this Agreement upon written notice to Host; provided that in the case where the Installation Work has been initiated or substantially completed, Provider shall promptly after such termination, at Provider’s expense, remove any and all System infrastructure or components within the timeframe specified in Section 2.4. Termination pursuant to Section 2.7(b) shall relieve either Party from any further obligations under this Agreement with regard to the System, except as specified in this Section 2.7(b), including but not limited to the obligation to pay an Early Termination Fee.

Right to Terminate this Agreement. In addition to any other termination rights of a Party set forth herein: (a) At any time after the first two (2) years following execution of this Agreement, Host may require that Provider certify within sixty (60) days of notice from Host that all of the conditions precedent set forth in Section 2.5 have been met or waivedmet. If Provider cannot or does not so certify as the result of delays in securing necessary utility of governmental approvals, Host may grant Provider a grace period of an additional six (6) months to certify that all of the conditions precedent set forth in Section 2.5 have been met. At the end of any such grace period or if no grace period is granted, Provider or Host may terminate this Agreement without liability to either party. Termination pursuant to Section 2.7(a) shall relieve Host from any further obligations under this Agreement with regard to the System, including but not limited to the obligation to pay an Early Termination Fee. (b) If Provider (with Host’s assistance to the extent reasonably necessary) is unable after good faith effort to reserve obtain a rebate or subsidy in an amount required by Provider for applicable financing , said rebate or subsidy being made available from the state, local utility or other source for the installation of the applicable System as designeddesigned in an amount required by Provider for applicable financing, or if any of the conditions in Section 2.5 are not met, Provider has the unilateral right to terminate this Agreement upon written notice to Host; provided that in the case where the Installation Work has been initiated or substantially completed, Provider shall promptly after such termination, at Provider’s expense, remove any and all System infrastructure or components within the timeframe specified in Section 2.4. Termination pursuant to Section 2.7(b) shall relieve either Party from any further obligations under this Agreement with regard to the System, except as specified in this Section 2.7(b), including but not limited to the obligation to pay an Early Termination Fee.