Termination by ODA Clause Samples

Termination by ODA. In addition to any other rights and remedies that may be available to the ODA, whether at law, in equity, or otherwise, the ODA may terminate this Agreement if Licensee breaches any provision of this Agreement.
View SourceView Similar (4)
Termination by ODA. ODA may terminate this Agreement effective upon delivery of written notice to Recipient, or at such later date as may be established by ▇▇▇, under any of the following circumstances: i. If Recipient fails to pay its share of the Eligible Costs; ii. If Recipient fails to provide services or funds called for by this Agreement within the time specified herein; iii. If Recipient fails to perform any of its other obligations under this Agreement, and that failure continues for a period of 10 calendar days after the date ODA delivers Recipient written notice specifying such failure. The ODA may agree in writing to an extension of time if it determines Recipient instituted and has diligently pursued corrective action; iv. If any false or misleading representation is made by or on behalf of Recipient in this Agreement or in any document provided by Recipient related to this Agreement or the Project; v. If ODA fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow ▇▇▇, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement; vi. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that the Project work under this Agreement is prohibited or if ODA is prohibited from paying for such Project work from the planned funding source; or vii. If, in the sole opinion of ▇▇▇, the Project would not produce results that are commensurate with the further expenditure of funds.
View SourceView Similar (2)
Termination by ODA. In addition to any other rights and remedies that may be available to the ODA, whether at law, in equity, as set forth in the Membership Rules and Policies, or otherwise, the ODA may terminate this Agreement and Founding Member’s Membership in the ODA if Founding Member fails to adhere to any Membership Rules and Policies or any other rules approved by the ODA, breaches any material provision of this Agreement, or fails to pay any dues or other amounts payable to the ODA within thirty (30) days of the invoice date, and further fails to remedy such nonperformance, noncompliance or nonpayment within thirty (30) days following receipt of notice from the ODA.
View SourceView Similar (2)
Termination by ODA. (a) In addition to any other rights and remedies that may be available to the ODA, whether at law, in equity, as set forth in the Membership Rules and Policies, or otherwise, the ODA may terminate this Agreement and Sustaining Member’s Membership in the ODA if Sustaining Member fails to adhere to any Membership Rules and Policies or any other rules approved by the ODA, breaches any material provision of this Agreement, or fails to pay any dues or other amounts payable to the ODA within thirty (30) days of the invoice date, and further fails to remedy such nonperformance, noncompliance or nonpayment within thirty (30) days following receipt of notice from the ODA. (b) This Agreement, and Sustaining Member’s rights hereunder, are expressly conditioned upon Sustaining Member providing the ODA with complete and accurate information in connection with Sustaining Member’s application for membership in the ODA. Therefore, if within thirty (30) days following submission of the application and payment of membership fees the ODA determines that any information provided by Sustaining Member is incomplete, inaccurate or misleading, the ODA may terminate this Agreement immediately upon notice if Sustaining Member fails promptly to correct the incomplete, inaccurate or misleading information following notice from the ODA. In the event of termination under this Section 2.4.2(b), the ODA will refund any membership fees submitted in connection with the incomplete, inaccurate or misleading application, less bank charges and other costs incurred by the ODA.
View Source
Termination by ODA. In addition to any other rights and remedies that may be available to the ODA, whether at law, in equity, as set forth in the Membership Rules and Policies, or otherwise, the ODA may terminate this Agreement and Non-Commercial Member’s Membership in the ODA if Non-Commercial Member fails to adhere to any Membership Rules and Policies or any other rules approved by the ODA, breaches any material provision of this Agreement or fails to pay any dues or other amounts payable to the ODA within thirty (30) days of the invoice date, and further fails to remedy such nonperformance, noncompliance or nonpayment within thirty (30) days following receipt of notice from the ODA. In addition, this Agreement and Non-Commercial Member’s membership in the ODA will automatically terminate, without any action on the part of the ODA, when Non-Commercial Member has been a Non-Commercial Member for a cumulative period of two (2) years.
View Source
Termination by ODA. ODA may terminate this Agreement effective upon delivery of written notice to Recipient, or at such later date as may be established by ODA under any of the following conditions : 1. If The Recipient fails to provide payment of its share of the cost of the Project ; 2. If Recipient fails to provide services or funds called for by this Agreement within the time specified herein or any extension thereof. 3. If Recipient fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms , and after receipt of written notice from ODA fails to correct such failures within 10 days or such longer period as ODA may authorize. 4. If ODA fails to receive funding, appropriations, limitations or other expenditure; 5. If federal or state laws, regulations or guidelines are modified or interpreted in 6. If, in the sole opinion of ODA, the Project would not produce results that are commensurate with the further expenditure of funds.
View Source

Related to Termination by ODA

  • Termination by XOOM We may terminate this Contract, or the applicable portion of this Contract, at our discretion and without penalty immediately upon notice to you if: a. do not pay your bill in full by the date on your bill; b. do anything that prevents us from supplying you with Energy or services; c. increase your consumption above 2,500 gigajoules per year; or d. do not give us satisfactory financial or credit information, do not give us a deposit when we request one, or do not meet our credit requirements. We may terminate this Contract, or the applicable portion of this Contract, at our direction and without penalty for any other reason on thirty (30) days notice.

  • TERMINATION BY MPS MPS further reserves the right to terminate this Contract at any time for any reason by giving Contractor written notice by Registered or Certified Mail of such termination. MPS will attempt to give Contractor 20 days’ notice, but reserves the right to give immediate notice. In the event of said termination, Contractor shall reduce its activities hereunder, as mutually agreed to, upon receipt of said notice. Upon said termination, Contractor shall be paid for all services rendered through the date of termination, including any retainage. This section also applies should the Milwaukee Board of School Directors fail to appropriate additional monies required for the completion of the Contract.

  • Termination by ▇▇▇▇▇ Subject to Section 5.2, the CAISO may terminate this Agreement by giving written notice of termination in the event that the Participating Load commits any material default under this Agreement and/or the CAISO Tariff which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given, to the Participating Load, written notice of the default, unless excused by reason of Uncontrollable Forces in accordance with Article X of this Agreement. With respect to any notice of termination given pursuant to this Section, the CAISO must file a timely notice of termination with FERC, if this Agreement was filed with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: (1) the filing of the notice of termination is made after the preconditions for termination have been met, and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement shall terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

  • Termination by ▇▇▇▇▇▇ This Agreement may be terminated and the Merger Transactions abandoned at any time before the Acceptance Time by Parent: (a) if the Company breaches any of its representations or warranties, or fails to perform any of its covenants or agreements contained in this Agreement, and which breach or failure (i) would give rise to the failure of a condition set forth in paragraph (d), (e) or (f) of Annex I and (ii) by its nature cannot be cured or has not been cured by the Company by the earlier of (A) the Outside Date and (B) the date that is twenty (20) Business Days after the Company’s receipt of written notice of such breach from Parent, but only so long as neither Parent nor Merger Sub are then in material breach of their respective representations or warranties or materially failing to perform their respective covenants or agreements contained in this Agreement in a manner that would allow the Company to terminate this Agreement under Section 7.4(b); or (b) (i) upon prior written notice to the Company if the Company Board (acting upon the recommendation of the Special Committee), the Special Committee or any other duly authorized committee of disinterested members of the Company Board shall have effected an Adverse Recommendation Change (provided that, any written notice, including pursuant to Section 5.3(d), of the Company’s intention to make an Adverse Recommendation Change in advance of making an Adverse Recommendation Change shall not result in Parent having any termination rights pursuant to this Section 7.3(b)(i) unless such written notice otherwise constitutes an Adverse Recommendation Change); provided, however, that Parent shall not be permitted to terminate this Agreement pursuant to this Section 7.3(b)(i) unless the notice of termination pursuant to this Section 7.3(b)(i) is delivered by Parent to the Company within five (5) Business Days following the occurrence of the event giving rise to Parent’s right to terminate this Agreement pursuant to this Section 7.3(b)(i), (ii) if the Company shall have materially breached any of its obligations under Section 5.3, (iii) if the Company shall have failed, within ten (10) Business Days of a tender or exchange offer that constitutes a Takeover Proposal relating to securities of the Company having been commenced, to publicly recommend against such tender or exchange offer or (iv) if the Company shall have failed to publicly reaffirm its recommendation of the Offer and the Merger within ten (10) Business Days after a request to do so by Parent following the date any Takeover Proposal or any material modification thereto is first commenced, publicly announced, distributed or disseminated to the Company’s stockholders (provided that Parent may only make such request once with respect to each Takeover Proposal and each material modification thereto).

  • Termination by ▇▇▇▇▇▇▇ If Grantee seeks to terminate this Contract, Grantee shall give System Agency no less than sixty (60) calendar days prior written notice and shall submit a transition plan to ensure client services are not disrupted.