TERMINATE CONTRACT Sample Clauses

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TERMINATE CONTRACT. Elects to terminate this Contract, in which event Buyer shall be entitled to the immediate return of the entire Deposit, together with all Accrued Interest thereon, and, except as expressly provided otherwise in this Contract, this Contract shall be deemed terminated, null and void and of no further force and effect and the parties shall have no further rights, obligations or liabilities hereunder. Unless Buyer gives notice to Seller within such twenty (20) day period that Buyer has elected either to extend the Closing Date pursuant to the foregoing Section (b) or to terminate the Contract pursuant to the foregoing Section (c), Buyer shall be conclusively presumed to have elected to proceed to Closing pursuant to Section (d) and the Response Action Requirements set forth in the Hazardous Materials Notice shall be deemed waived by Buyer. If Buyer elects to extend the Closing Date pursuant to the foregoing Section (e) and the Seller determines that it will be unable to complete the Recommended Response Actions by the extended Closing Date. Seller shall so notify Buyer, and Buyer shall, as its sole and exclusive remedy, on or before the twentieth (20) day after Buyer's receipt of Seller's notice, give notice to Seller that Buyer elects to proceed pursuant to either Section (d) or Section (f) above (and Buyer's failure so to give such notice shall be deemed an election by Buyer to proceed pursuant to the foregoing Section (d)).
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TERMINATE CONTRACT. Elects to terminate this Contract, in which event Buyer shall be entitled to the immediate return of the Deposit, together with all accrued interest thereon, and, except as expressly provided, otherwise in this Contract, this Contract shall be deemed terminated, null and void and of no further force and effect, and the parties shall have no further rights, obligations or liabilities hereunder. Unless Buyer gives notice to Seller within such twenty (20) day period that Buyer has elected to terminate this Contract pursuant to this Section (C), Buyer shall be conclusively presumed to have elected to proceed to Closing pursuant to Section (A), and the uncured Nonmonetary Encumbrances shall be deemed waived by Buyer and shall thereupon be deemed to be Permitted Exceptions.
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Related to TERMINATE CONTRACT

  • Shift Differential A. Shift differential will be $.60 cents per hour. B. Employees eligible for shift differential are those whose work shift begins before 6:00 a.m. or ends on or after 7:00 p.m. and are scheduled by their supervisor for a total shift of at least six (6) hours in duration. This shift differential shall not apply to those employees who have requested and have been granted flexible work scheduling.

  • Shift Differentials 18.1 Employees whose regularly assigned shifts commence between 1400 and 2159 hours shall receive a shift differential of seventy-five cents (75¢) per hour, and employees whose regularly assigned shifts commence between 2200 and 0559 hours shall receive a shift differential of eighty cents (80¢) per hour. Effective January 1, 2005, for employees whose regularly assigned shifts commence between 2200 and 0559 hours shall receive a shift differential of one dollar ($1) per hour. Overtime shall not be calculated on the shift differential nor shall the shift differential be paid for paid absence from duty such as vacations, general holidays, etc.

  • Right to Terminate Agreement 21.1 If either Party (the “Breaching Party”) (a) fails to pay any amount when due under the terms of this Agreement or fails to comply with or perform, in any material respect, any of the other terms or conditions of this Agreement; (b) sells or transfers all or substantially all of its assets; (c) enters into any voluntary or involuntary bankruptcy proceeding or receivership; or (d) makes a general assignment for the benefit of its creditors, then the other Party (the “Non- Breaching Party”) shall have the right, without prejudice to any other right or remedy and after giving five (5) Days’ written prior notice to the Breaching Party and a reasonable opportunity for cure (not to exceed thirty (30) Days in the case of a failure to pay amounts when due), to terminate this Agreement, subject to Sections 21.3 and 21.4 of this Agreement. Subject to compliance with Section 22.1 of this Agreement, if applicable, the Non-Breaching Party shall also have the right to pursue any and all rights it may have against the Breaching Party under applicable law, subject to other applicable terms and conditions of this Agreement (including, without limitation, any applicable limitations on liability contained herein). 21.2 Subject to Sections 21.3 and 21.4 of this Agreement, this Agreement may also be terminated upon prior written notice (i) by Company in the event that Company Work under this Agreement is suspended or delayed for a period exceeding sixty (60) consecutive days as the result of any continuing dispute between the Parties, or (ii) under the circumstances contemplated by, and in accordance with, Section 18.2 of this Agreement. 21.3 In the event of any early termination or cancellation of the Company Work or this Agreement as contemplated by any provision of this Agreement, each Party shall discontinue its performance hereunder to the extent feasible and make every reasonable effort to procure cancellation of existing commitments, orders and contracts relating to its Work upon terms that are reasonably expected to minimize all associated costs, provided, however, that nothing herein will restrict Company’s ability to complete aspects of the Company Work that Company must reasonably complete in order to return its facilities and its property to a configuration in compliance with Good Utility Practice and all Applicable Requirements and to enable such facilities to continue, commence or recommence commercial operations. 21.4 In the event of any early termination or cancellation of the Company Work or this Agreement as contemplated by any provision of this Agreement, Customer shall also pay Company for: (i) all Company Reimbursable Costs for Company Work performed on or before the effective date of termination or cancellation; (ii) all other Company Reimbursable Costs incurred by Company and/or its Affiliates in connection with the Company Work prior to the effective date of termination or cancellation, including, without limitation, for materials, equipment, tools, construction equipment and machinery, engineering and other items, materials, assets or services which cannot reasonably be avoided, mitigated or cancelled; (iii) all Company Reimbursable Costs incurred to unwind Company Work that was performed prior to the effective date of termination or cancellation to the extent reasonably necessary to return Company’s facilities to a configuration in compliance with Good Utility Practice and all Applicable Requirements; (iv) all Company Reimbursable Costs arising from cancellation costs relating to orders or contracts entered into in connection with the Company Work prior to the effective date of termination or cancellation; and (v) all Company Reimbursable Costs arising from demobilization expenses incurred by Company and/or its Affiliates which cannot be reasonably avoided or mitigated.

  • Termination due to Force Majeure 13.5.1 If the Force Majeure Event or its effects continue to be present beyond the period as specified in Article 4.5.3, either Party shall have the right to cause termination of the Agreement. In such an event, this Agreement shall terminate on the date of such Termination Notice.

  • OPTION TO TERMINATE AGREEMENT In the event that any payment otherwise due from the Applicant to the District under Article IV, Article V, or Article VI of this Agreement with respect to a Tax Year is subject to reduction in accordance with the provisions of Section 7.1, then the Applicant shall have the option to terminate this Agreement. The Applicant may exercise such option to terminate this Agreement by notifying the District of its election in writing not later than the July 31 of the year following the Tax Year with respect to which a reduction under Section 7.1 is applicable. Any termination of this Agreement under the foregoing provisions of this Section 7.2 shall be effective immediately prior to the second Tax Year next following the Tax Year in which the reduction giving rise to the option occurred.