Common use of Termination at or Prior to Closing Clause in Contracts

Termination at or Prior to Closing. This Agreement may be terminated and the transactions contemplated hereby abandoned as follows: (a) DEFS and BUYER may elect to terminate this Agreement at any time prior to the Closing by mutual written consent of the Parties; (b) Either Party by written notice to the other Party may terminate this Agreement if the Closing shall not have occurred on or before August 31, 2003; provided, however, that a Party may not terminate this Agreement if such Party is at such time in material breach of any provision of this Agreement; (c) Either Party may terminate this Agreement at any time on or prior to the Closing if the other Party shall have materially breached any representations, warranties or covenants of such other Party herein contained and the same is not cured within thirty (30) days after receipt of written notice thereof from the non-breaching Party; and (d) Either Party may terminate this Agreement to the extent such termination is expressly authorized by another provision of this Agreement.

Termination at or Prior to Closing. This Agreement may be terminated and the transactions contemplated hereby abandoned as follows: : (a) DEFS HOLDINGS and BUYER DCP may elect to terminate this Agreement at any time prior to the Closing by mutual written consent of the Parties; thereof; (b) Either Party HOLDINGS or DCP by written notice to the other Party may terminate this Agreement if the Closing shall not have occurred on or before August December 31, 20032006; provided, however, that a neither Party may not terminate this Agreement if such Party is at such time in material breach of any provision of this Agreement; ; (c) Either Party HOLDINGS and DCP may each terminate this Agreement at any time on or prior to the Closing if either DCP, on the one hand, or HOLDINGS, on the other Party hand, shall have materially breached any representations, warranties or covenants of such other Party thereof herein contained and the same is not cured within thirty (30) days after receipt of written notice thereof from the applicable non-breaching Party; and provided, however, that neither Party may terminate this Agreement if such Party is at such time in material breach of any representations, warranties or covenants of such Party; and (d) Either In addition to the foregoing, any Party may terminate this Agreement to the extent such termination is expressly authorized by another provision of this Agreement.. 9.2

Termination at or Prior to Closing. This Agreement may be terminated and the transactions contemplated hereby abandoned as follows: (a) DEFS and BUYER may elect to terminate this Agreement at any time prior to the Closing by mutual written consent of the Parties; (b) Either Party by written notice to the other Party may terminate this Agreement if the Closing shall not have occurred on or before August 31March 1, 20032004; provided, however, that a Party may not terminate this Agreement if such Party is at such time in material breach of any provision of this Agreement; (c) Either Party may terminate this Agreement at any time on or prior to the Closing if the other Party shall have materially breached any representations, warranties or covenants of such other Party herein contained and the same is not cured within thirty (30) days after receipt of written notice thereof from the non-breaching Party; and (d) By written notice to BUYER, DEFS may terminate this Agreement if DEFS has not timely received the Deposit as provided in Section 2.4. (e) Either Party may terminate this Agreement to the extent such termination is expressly authorized by another provision of this Agreement.