Common use of Term of Agreement and Termination Clause in Contracts

Term of Agreement and Termination. 19.1 This Agreement shall become effective upon execution by the Parties, and shall continue in effect until terminated in accordance with section 19.2 or 19.3. 19.2 The Customer may, if it is not then in default under this Agreement, terminate this Agreement at any time by giving the Distributor thirty days prior written notice setting out the termination date. 19.3 Except as set out in Schedule H, the Distributor may terminate this Agreement upon any material breach of this Agreement by the Customer (a "Default"), if the Customer fails to remedy the Default within the applicable cure period referred to in section 19.4 after receipt of written notice of the Default from the Distributor. 19.4 The Customer shall cure a Default within the applicable cure period specified in the Code or the Distributor’s Conditions of Service. If no such cure period is specified in relation to a given Default, the cure period shall be sixty working days. 19.5 Termination of this Agreement for any reason shall not affect: (a) the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination; or (b) the provisions that expressly apply in relation to disconnection of the Customer’s facilities following termination of this Agreement. 19.6 Termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it including, but not limited to, injunctive relief. 19.7 The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. Nothing in this section 19.7 shall be interpreted as affecting the limitations of liability arising from section 10.1 or the obligation of a Party to comply with section 16 while this Agreement is in force. 19.8 Sections 19.5 to 19.7 shall survive termination of this Agreement.

Appears in 6 contracts

Sources: Connection Agreement, Connection Agreement, Connection Agreement

Term of Agreement and Termination. 19.1 This Agreement shall become effective upon execution by the Parties, and shall continue in effect until terminated in accordance with section 19.2 or 19.3. 19.2 The Customer may, if it is not then in default under this Agreement, terminate this Agreement at any time by giving the Distributor thirty days prior written notice setting out the termination date. 19.3 Except as set out in Schedule H, the Distributor may terminate this Agreement upon any material breach of this Agreement by the Customer (a "Default"), ; if the Customer fails to remedy the Default within the applicable cure period referred to in section 19.4 after receipt of written notice of the Default from the Distributor. 19.4 The Customer shall cure a Default within the applicable cure period specified in the Code or the Distributor’s Conditions of Service. If no such cure period is specified in relation to a given Default, the cure period shall be sixty working days. 19.5 Termination of this Agreement for any reason shall not affect: (a) the a. The liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination; or (b) the b. The provisions that expressly apply in relation to disconnection of the Customer’s facilities following termination of this Agreement. 19.6 Termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it including, but not limited to, injunctive relief. 19.7 The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. Nothing in this section 19.7 shall be interpreted as affecting the limitations of liability arising from section section 10.1 or the obligation of a Party to comply with section 16 while this Agreement is in force. 19.8 Sections 19.5 to 19.7 shall survive termination of this Agreement.

Appears in 2 contracts

Sources: Connection Agreement, Connection Agreement

Term of Agreement and Termination. 19.1 This Agreement shall become effective upon execution by the Parties, and shall continue in effect until terminated in accordance with section 19.2 or 19.3. 19.2 . The Customer may, if it is not then in default under this Agreement, terminate this Agreement at any time by giving the Distributor thirty days prior written notice setting out the termination date. 19.3 . Except as set out in Schedule H, the Distributor may terminate this Agreement upon any material breach of this Agreement by the Customer (a "Default"), if the Customer fails to remedy the Default within the applicable cure period referred to in section 19.4 after receipt of written notice of the Default from the Distributor. 19.4 . The Customer shall cure a Default within the applicable cure period specified in the Code or the Distributor’s Conditions of Service. If no such cure period is specified in relation to a given Default, the cure period shall be sixty working days. 19.5 . Termination of this Agreement for any reason shall not affect: (a) the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination; or (b) the provisions that expressly apply in relation to disconnection of the Customer’s facilities following termination of this Agreement. 19.6 . Termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it including, but not limited to, injunctive relief. 19.7 . The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. Nothing in this section 19.7 shall be interpreted as affecting the limitations of liability arising from section section 10.1 or the obligation of a Party to comply with section 16 while this Agreement is in force. 19.8 . Sections 19.5 to 19.7 shall survive termination of this Agreement.

Appears in 2 contracts

Sources: Connection Agreement, Connection Agreement

Term of Agreement and Termination. 19.1 20.1 This Agreement shall become effective upon execution by the Parties, and shall continue in effect until terminated in accordance with section Section 19.2 or 19.3. 19.2 20.2 The Customer may, if it is not then in default under this Agreement, terminate this Agreement at any time by giving the Distributor Horizon Utilities thirty (30) days prior written notice setting out the termination date. 19.3 20.3 Except as set out in Schedule H, the Distributor Horizon Utilities may terminate this Agreement upon any material breach of this Agreement by the Customer (a "Default"), if the Customer fails to remedy the Default within the applicable cure period referred to in section Section 19.4 after receipt of written notice of the Default from the DistributorHorizon Utilities. 19.4 20.4 The Customer shall cure a Default within the applicable cure period specified in the Code or the Distributor’s Horizon Utilities‟ Conditions of Service. If no such cure period is specified in relation to a given Default, the cure period shall be sixty (60) working days. 19.5 20.5 Termination of this Agreement for any reason shall not affect: (a) the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination; or (b) the provisions liabilities that expressly apply in relation to disconnection of the Customer’s Customer‟s facilities following termination of this Agreement. 19.6 20.6 Termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it includingit, but not limited to, including injunctive relief. 19.7 20.7 The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. Nothing in this section Section 19.7 shall be interpreted as affecting the limitations of liability arising from section Section 10.1 or the obligation of a Party to comply with section Section 16 while this Agreement is in force. 19.8 . 20.8 Sections 19.5 to 19.7 shall survive termination of this Agreement.

Appears in 1 contract

Sources: Connection Agreement

Term of Agreement and Termination. 19.1 This Agreement shall become effective upon execution by the Parties, and shall continue in effect until terminated in accordance with section 19.2 or 19.3. 19.2 The Customer may, if it is not then in default under this Agreement, terminate this Agreement at any time by giving the Distributor thirty ninety (90) days prior written notice setting out the termination date. 19.3 Except as set out in Schedule H, the Distributor may terminate this Agreement upon any material breach of this Agreement by the Customer (a "Default"), if the Customer fails to remedy the Default within the applicable cure period referred to in section 19.4 after receipt of written notice of the Default from the Distributor. 19.4 The Customer shall cure a Default within the applicable cure period specified in the Code or the Distributor’s Conditions of Service. If no such cure period is specified in relation to a given Default, the cure period shall be sixty (60) working days. 19.5 Termination of this Agreement for any reason shall not affect: (a) the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination; or (b) the provisions that expressly apply in relation to disconnection of the Customer’s facilities following termination of this Agreement. 19.6 Termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it including, but not limited to, injunctive relief. 19.7 The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. Nothing in this section 19.7 shall be interpreted as affecting the limitations of liability arising from section section 10.1 or the obligation of a Party to comply with section 16 while this Agreement is in force. 19.8 Sections 19.5 to 19.7 shall survive termination of this Agreement. 19.9 The Customer may cancel its net metering arrangement with the Distributor at any time by giving ninety (90) days’ notice in writing to the distributor. O. Reg. 24/17, s. 9(1). Notwithstanding such cancellation, all other provisions of this Agreement not pertaining to net metering shall remain in full force and effect. 19.10 The Customer who has cancelled its net metering arrangement under 19.9, may not for twelve (12) months after the cancellation, be permitted to convey eligible electricity into the Distributor’s distribution system for the purpose of being billed on a net metering basis, except for that electricity that was stored by the Customer in a storage device. O.Reg. 24/17, s.5(3)

Appears in 1 contract

Sources: Der Connection Agreement

Term of Agreement and Termination. 19.1 This Agreement shall become effective upon execution by the Parties, and shall continue in effect until terminated in accordance with section 19.2 or 19.3. 19.2 The Customer Generator may, if it is not then in default under this Agreement, terminate this Agreement at any time by giving the Distributor NOTL Hydro thirty days prior written notice setting out the termination date. 19.3 Except as set out in Schedule H, the Distributor NOTL Hydro may terminate this Agreement upon any material breach of this Agreement by the Customer Generator (a "Default"), if the Customer Generator fails to remedy the Default within the applicable cure period referred to in section 19.4 after receipt of written notice of the Default from the DistributorNOTL Hydro. 19.4 The Customer Generator shall cure a Default within the applicable cure period specified in the Code or the Distributor’s NOTL Hydro Conditions of Service. If no such cure period is specified in relation to a given Default, the cure period shall be sixty working days. 19.5 Termination of this Agreement for any reason shall not affect: (a) the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination; or (b) the provisions that expressly apply in relation to disconnection of the CustomerGenerator’s facilities following termination of this Agreement. 19.6 Termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it including, but not limited to, injunctive relief. 19.7 The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. Nothing in this section 19.7 shall be interpreted as affecting the limitations of liability arising from section section 10.1 or the obligation of a Party to comply with section 16 while this Agreement is in force. 19.8 Sections 19.5 to 19.7 shall survive termination of this Agreement.

Appears in 1 contract

Sources: Connection Agreement

Term of Agreement and Termination. 19.1 19.1. This Agreement shall become effective upon execution by the Parties, and shall continue in effect until terminated in accordance with section 19.2 or 19.3. 19.2 19.2. The Customer may, if it is not then in default under this Agreement, terminate this Agreement at any time by giving the Distributor thirty days prior written notice setting out the termination date. 19.3 19.3. Except as set out in Schedule H, the Distributor may terminate this Agreement upon any material breach of this Agreement by the Customer (a "Default"), if the Customer fails to remedy the Default within the applicable cure period referred to in section 19.4 after receipt of written notice of the Default from the Distributor. 19.4 19.4. The Customer shall cure a Default within the applicable cure period specified in the Code or the Distributor’s Conditions of Service. If no such cure period is specified in relation to a given Default, the cure period shall be sixty working days. 19.5 19.5. Termination of this Agreement for any reason shall not affect: (a) the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination; or (b) the provisions that expressly apply in relation to disconnection of the Customer’s facilities following termination of this Agreement. 19.6 19.6. Termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it including, but not limited to, injunctive relief. 19.7 19.7. The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. Nothing in this section 19.7 shall be interpreted as affecting the limitations of liability arising from section section 10.1 or the obligation of a Party to comply with section 16 while this Agreement is in force. 19.8 . 19.8. Sections 19.5 to 19.7 shall survive termination of this Agreement.

Appears in 1 contract

Sources: Connection Agreement

Term of Agreement and Termination. 19.1 This Agreement shall become effective upon execution by the Parties, and shall continue in effect until terminated in accordance with section 19.2 or 19.3. 19.2 The Customer may, if it is not then in default under this Agreement, terminate this Agreement at any time by giving the Distributor thirty days prior written notice setting out the termination date. 19.3 Except as set out in Schedule H, the Distributor may terminate this Agreement upon any material breach of this Agreement by the Customer (a "Default"), if the Customer fails to remedy the Default within the applicable cure period referred to in section 19.4 after receipt of written notice of the Default from the Distributor. 19.4 The Customer shall cure a Default within the applicable cure period specified in the Code or the Distributor’s 's Conditions of Service. If no such cure period is specified in relation to a given Default, the cure period shall be sixty working seventy five days. 19.5 Termination of this Agreement for any reason shall not affect: (a) the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination; or (b) the provisions that expressly apply in relation to disconnection of the Customer’s 's facilities following termination of this Agreement. 19.6 Termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it including, but not limited to, injunctive relief. 19.7 The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. Nothing in this section 19.7 shall be interpreted as affecting the limitations of liability arising from section section 10.1 or the obligation of a Party to comply with section 16 while this Agreement is in force. 19.8 Sections 19.5 to 19.7 shall survive termination of this Agreement.

Appears in 1 contract

Sources: Connection Agreement

Term of Agreement and Termination. 19.1 This Agreement shall become effective upon execution by the Parties, and shall continue in effect until terminated in accordance with section 19.2 or 19.3. 19.2 The Customer may, if it is not then in default under this Agreement, terminate this Agreement at any time by giving the Distributor thirty days prior written notice setting out the termination date. 19.3 Except as set out in Schedule H, the Distributor may terminate this Agreement upon any material breach of this Agreement by the Customer (a "Default"), if the Customer fails to remedy the Default within the applicable cure period referred to in section 19.4 after receipt of written notice of the Default from the Distributor. 19.4 The Customer shall cure a Default within the applicable cure period specified in the Code or the Distributor’s Distributor Conditions of Service. If no such cure period is specified in relation to a given Default, the cure period shall be sixty working days. 19.5 Termination of this Agreement for any reason shall not affect: (a) the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination; or (b) the provisions that expressly apply in relation to disconnection of the Customer’s facilities following termination of this Agreement. 19.6 Termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it including, but not limited to, injunctive relief. 19.7 The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. Nothing in this section 19.7 shall be interpreted as affecting the limitations of liability arising from section section 10.1 or the obligation of a Party to comply with section 16 while this Agreement is in force. 19.8 Sections 19.5 to 19.7 shall survive termination of this Agreement.

Appears in 1 contract

Sources: Connection Agreement

Term of Agreement and Termination. 19.1 This Agreement shall become effective upon execution by the Parties, and shall continue in effect until terminated in accordance with section 19.2 or 19.3. 19.2 The Customer may, if it is not then in default under this Agreement, terminate this Agreement at any time by giving the Distributor thirty days prior written notice setting out the termination date. 19.3 Except as set out in Schedule H, the Distributor may terminate this Agreement upon any material breach of this Agreement by the Customer (a "Default"), if the Customer fails to remedy the Default within the applicable cure period referred to in section 19.4 after receipt of written notice of the Default from the Distributor. 19.4 The Customer shall cure a Default within the applicable cure period specified in the Code or the Distributor’s Conditions of Service. If no such cure period is specified in relation to a given Default, the cure period shall be sixty working days. 19.5 Termination of this Agreement for any reason shall not affect: (a) the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination; or (b) the provisions that expressly apply in relation to disconnection of the Customer’s facilities following termination of this Agreement. 19.6 Termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it including, but not limited to, injunctive relief. 19.7 The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. Nothing in this section 19.7 shall be interpreted as affecting the limitations of liability arising from section section 10.1 or the obligation of a Party to comply with section 16 while this Agreement is in force. 19.8 Sections 19.5 to 19.7 shall survive termination of this Agreement.

Appears in 1 contract

Sources: Connection Agreement

Term of Agreement and Termination. 19.1 This Agreement shall become effective upon execution by the Parties, and shall continue in effect until terminated in accordance with section 19.2 or 19.3. 19.2 The Customer may, if it is not then in default under this Agreement, terminate this Agreement at any time by giving the Distributor thirty days prior written notice setting out the termination date. 19.3 Except as set out in Schedule H, the Distributor may terminate this Agreement upon any material breach of this Agreement by the Customer (a "Default"), if the Customer fails to remedy the Default within the applicable cure period referred to in section 19.4 after receipt of written notice of the Default from the Distributor. 19.4 The Customer shall cure a Default within the applicable cure period specified in the Code or the Distributor’s Conditions of Service. If no such cure period is specified in relation to a given Default, the cure period shall be sixty working days. 19.5 Termination of this Agreement for any reason shall not affect: (a) the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination; or (b) the provisions that expressly apply in relation to disconnection of the Customer’s facilities following termination of this Agreement. 19.6 Termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it including, but not limited to, injunctive relief. 19.7 The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. Nothing in this section 19.7 shall be interpreted as affecting the limitations of liability arising from section section 10.1 or the obligation of a Party to comply with section 16 while this Agreement is in force. 19.8 Sections 19.5 to 19.7 shall survive termination of this Agreement.

Appears in 1 contract

Sources: Connection Agreement

Term of Agreement and Termination. 19.1 This Agreement shall become effective upon execution by the Parties, and shall continue in effect until terminated in accordance with section 19.2 or 19.3. 19.2 The Customer Generator may, if it is not then in default under this Agreement, terminate this Agreement at any time by giving the Distributor London Hydro thirty days prior written notice setting out the termination date. 19.3 Except as set out in Schedule H, the Distributor London Hydro may terminate this Agreement upon any material breach of this Agreement by the Customer Generator (a "Default"), if the Customer Generator fails to remedy the Default within the applicable cure period referred to in section 19.4 after receipt of written notice of the Default from the DistributorLondon Hydro. 19.4 The Customer Generator shall cure a Default within the applicable cure period specified in the Code or the Distributor’s London Hydro Conditions of Service. If no such cure period is specified in relation to a given Default, the cure period shall be sixty working days. 19.5 Termination of this Agreement for any reason shall not affect: (a) the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination; or (b) the provisions that expressly apply in relation to disconnection of the CustomerGenerator’s facilities following termination of this Agreement. 19.6 Termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it including, but not limited to, injunctive relief. 19.7 The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. Nothing in this section 19.7 shall be interpreted as affecting the limitations of liability arising from section section 10.1 or the obligation of a Party to comply with section 16 while this Agreement is in force. 19.8 Sections 19.5 to 19.7 shall survive termination of this Agreement.

Appears in 1 contract

Sources: Connection Agreement

Term of Agreement and Termination. 19.1 This Agreement shall become effective upon execution by the Parties, and shall continue in effect until terminated in accordance with section 19.2 or 19.3. 19.2 The Customer may, if it is not then in default under this Agreement, terminate this Agreement at any time by giving the Distributor thirty days prior written notice setting out the termination date. 19.3 Except as set out in Schedule H, the Distributor may terminate this Agreement upon any material breach of this Agreement by the Customer (a "Default"), if the Customer fails to remedy the Default within the applicable cure period referred to in section 19.4 after receipt of written notice of the Default from the Distributor. 19.4 The Customer shall cure a Default within the applicable cure period specified in the Code or the Distributor’s Conditions of Service. If no such cure period is specified in relation to a given Default, the cure period shall be sixty working days. 19.5 Termination of this Agreement for any reason shall not affect: (a) the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination; or (b) the provisions that expressly apply in relation to disconnection of the Customer’s facilities following termination of this Agreement. 19.6 Termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it includingit, but not limited to, including injunctive relief. 19.7 The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. Nothing in this section 19.7 shall be interpreted as affecting the limitations of liability arising from section section 10.1 or the obligation of a Party to comply with section 16 while this Agreement is in force. 19.8 Sections 19.5 to 19.7 shall survive termination of this Agreement.

Appears in 1 contract

Sources: Connection Agreement

Term of Agreement and Termination. 19.1 This Agreement shall become effective upon execution by the Parties, and shall continue in effect until terminated in accordance with section Section 19.2 or 19.3. 19.2 The Customer may, if it is not then in default under this Agreement, terminate this Agreement at any time by giving the Distributor PDI thirty days prior written notice setting out the termination date. 19.3 Except as set out in Schedule H, the Distributor PDI may terminate this Agreement upon any material breach of this Agreement by the Customer (a "Default"), if the Customer fails to remedy the Default within the applicable cure period referred to in section Section 19.4 after receipt of written notice of the Default from the DistributorPDI. 19.4 The Customer shall cure a Default within the applicable cure period specified in the Code or the DistributorPDI’s Conditions of Service. If no such cure period is specified in relation to a given Default, the cure period shall be sixty working days. 19.5 Termination of this Agreement for any reason shall not affect: (a) the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination; or (b) the provisions that expressly apply in relation to disconnection of the Customer’s facilities following termination of this Agreement. 19.6 Termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it including, but not limited to, injunctive relief. 19.7 The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. Nothing in this section 19.7 Section19.7 shall be interpreted as affecting the limitations of liability arising from section Section 10.1 or the obligation of a Party to comply with section Section 16 while this Agreement is in force. 19.8 Sections 19.5 to 19.7 shall survive termination of this Agreement.

Appears in 1 contract

Sources: Connection Agreement

Term of Agreement and Termination. 19.1 This Agreement shall become effective upon execution by the Parties, and shall continue in effect until terminated in accordance with section 19.2 or 19.3or19.3. 19.2 The Customer may, if it is not then in default under this Agreement, terminate this Agreement at any time by giving the Distributor thirty sixty days prior written notice setting out the termination date. 19.3 Except as set out in Schedule H, the Distributor may terminate this Agreement upon any material breach of this Agreement by the Customer (a "Default"), if the Customer fails to remedy the Default within the applicable cure period referred to in section 19.4 after receipt of written notice of the Default from the Distributor. 19.4 The Customer shall cure a Default within the applicable cure period specified in the Code or the Distributor’s 's Conditions of Service. If no such cure period is specified in relation to a given Default, the cure period shall be sixty working days. 19.5 Termination of this Agreement for any reason shall not affect: (a) the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination; or (b) the provisions that expressly apply in relation to disconnection of the Customer’s 's facilities following termination of this Agreement. 19.6 Termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it including, but not limited to, injunctive relief. 19.7 The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. Nothing in this section 19.7 shall be interpreted as affecting the limitations of liability arising from section section 10.1 or the obligation of a Party to comply with section 16 while this Agreement is in force. 19.8 Sections 19.5 to 19.7 shall survive termination of this Agreement.

Appears in 1 contract

Sources: Connection Agreement

Term of Agreement and Termination. 19.1 This Agreement shall become effective upon execution by the Parties, and shall continue in effect until terminated in accordance with section Sections 19.2 or 19.3. 19.2 The Customer Generator may, if it is not then in default under this Agreement, terminate this Agreement at any time by giving the Distributor Elexicon thirty (30) days prior written notice setting out the termination date. 19.3 Except as set out in Schedule H, the Distributor Elexicon may terminate this Agreement upon any material breach of this Agreement by the Customer Generator (a "Default"), if the Customer Generator fails to remedy the Default within the applicable cure period referred to in section Section 19.4 after receipt of written notice of the Default from the DistributorElexicon. 19.4 The Customer Generator shall cure a Default within the applicable cure period specified in the Code or the DistributorElexicon’s Conditions of Service. If no such cure period is specified in relation to a given Default, the cure period shall be sixty (60) working days. 19.5 Termination of this Agreement for any reason shall not affect: (a) the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination; or (b) the provisions that expressly apply in relation to disconnection of the CustomerGenerator’s facilities following termination of this Agreement. 19.6 Termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it including, but not limited to, injunctive relief. 19.7 The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. Nothing in this section Section 19.7 shall be interpreted as affecting the limitations of liability arising from section Section 10.1 or the obligation of a Party to comply with section Section 16 while this Agreement is in force. 19.8 Sections 19.5 to 19.7 shall survive termination of this Agreement.

Appears in 1 contract

Sources: Connection Agreement

Term of Agreement and Termination. 19.1 This Agreement shall become effective upon execution by the Parties, and shall continue in effect until terminated in accordance with section 19.2 or 19.3. 19.2 . The Customer may, if it is not then in default under this Agreement, terminate this Agreement at any time by giving the Distributor thirty days prior written notice setting out the termination date. 19.3 . Except as set out in Schedule H, the Distributor may terminate this Agreement upon any material breach of this Agreement by the Customer (a "Default"), if the Customer fails to remedy the Default within the applicable cure period referred to in section 19.4 after receipt of written notice of the Default from the Distributor. 19.4 . The Customer shall cure a Default within the applicable cure period specified in the Code or the Distributor’s Conditions of Service. If no such cure period is specified in relation to a given Default, the cure period shall be sixty working days. 19.5 . Termination of this Agreement for any reason shall not affect: (a) : the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination; or (b) or the provisions that expressly apply in relation to disconnection of the Customer’s facilities following termination of this Agreement. 19.6 . Termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it including, but not limited to, injunctive relief. 19.7 . The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. Nothing in this section 19.7 shall be interpreted as affecting the limitations of liability arising from section 10.1 or the obligation of a Party to comply with section 16 while this Agreement is in force. 19.8 Sections 19.5 to 19.7 shall survive termination of this Agreement.

Appears in 1 contract

Sources: Connection Agreement

Term of Agreement and Termination. 19.1 This Agreement shall become effective upon execution by the Parties, and shall continue in effect until terminated in accordance with section 19.2 or 19.3. 19.2 The Customer may, if it is not then in default under this Agreement, terminate this Agreement at any time by giving the Distributor thirty days prior written notice setting out the termination date. 19.3 Except as set out in Schedule H, the Distributor may terminate this Agreement upon any material breach of this Agreement by the Customer (a "Default"), if the Customer fails to remedy the Default within the applicable cure period referred to in section 19.4 after receipt of written notice of the Default from the Distributor. 19.4 The Customer shall cure a Default within the applicable cure period specified in the Code or the Distributor’s Conditions of Service. If no such cure period is specified in relation to a given Default, the cure period shall be sixty working days. 19.5 Termination of this Agreement for any reason shall not affect: (a) the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination; or (b) the provisions that expressly apply in relation to disconnection of the Customer’s facilities following termination of this Agreement. 19.6 Termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it including, but not limited to, injunctive relief. 19.7 The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. Nothing in this section 19.7 shall be interpreted as affecting the limitations of liability arising from section section 10.1 or the obligation of a Party to comply with section 16 while this Agreement is in force. 19.8 Sections 19.5 to 19.7 shall survive termination of this Agreement.

Appears in 1 contract

Sources: Connection Agreement

Term of Agreement and Termination. 19.1 This Agreement shall become effective upon execution by the Parties, and shall continue in effect until terminated in accordance with section 19.2 or 19.3. 19.2 The Customer may, if it is not then in default under this Agreement, terminate this Agreement at any time by giving the Distributor thirty days prior written notice setting out the termination date. 19.3 Except as set out in Schedule H, the Distributor may terminate this Agreement upon any material breach of this Agreement by the Customer (a "Default"), if the Customer fails to remedy the Default within the applicable cure period referred to in section 19.4 after receipt of written notice of the Default from the Distributor. 19.4 The Customer shall cure a Default within the applicable cure period specified in the Code or the Distributor’s Conditions of Service. If no such cure period is specified in relation to a given Default, the cure period shall be sixty working days. 19.5 Termination of this Agreement for any reason shall not affect: (a) the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination; or (b) the provisions that expressly apply in relation to disconnection of the Customer’s facilities following termination of this Agreement. 19.6 Termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it including, but not limited to, injunctive relief. 19.7 The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. Nothing in this section 19.7 shall be interpreted as affecting the limitations of liability arising from section section 10.1 or the obligation of a Party to comply with section 16 while this Agreement is in force. 19.8 Sections 19.5 to 19.7 shall survive termination of this Agreement.

Appears in 1 contract

Sources: Connection Agreement