Termination Election Sample Clauses

Termination Election. Subject to the provisions of Section 2(b): (i) A notice to Executive by the Company will constitute an election by the Company to terminate the Executive's employment pursuant to Section 2(a) 60 days following the date of delivery of the notice; (ii) A notice to the Company by the Executive will constitute an election by the Executive to terminate Executive's employment pursuant to Section 2(a) 90 days following the date of delivery of the notice; (iii) In no event, however, shall the Term of the Executive's employment hereunder extend beyond the end of the month in which the Executive's sixty-fifth (65th) birthday occurs.

Termination Election. (i) A notice to Executive by the Company will constitute an election by the Company to terminate the Executive's employment (A) 30 days following the date of delivery of the notice if the termination is without Cause and (B) upon the date of delivery of the notice if the termination is with Cause. (ii) A notice to the Company by the Executive will constitute an election by the Executive to terminate the Executive's employment 60 days following the date of delivery of the notice.

Termination Election. Notwithstanding anything herein to the contrary, at the election of each Limited Partner and to the extent specified by such Limited Partner, this Agreement (i) shall cease to have further effect or (ii) shall not apply to an Exchange occurring after a date specified by such Limited Partner.

Termination Election. Under the agreement, public power systems can elect to permanently terminate issuing most new tax-exempt bonds, in return for an exemption from private use rules for all of their existing tax-exempt bonds issued before date of enactment. However, an electing system may continue to issue certain tax-exempt bonds which are described below.

Termination Election. In the event that any of Purchaser's inspections, examinations, tests or surveys of any Operating Residence reveal any condition or fact (or raises substantial uncertainty with respect to the existence of any such condition or fact) with respect to (i) compliance of the Operating Residence with all Land Use Requirements materially necessary for the current and future operation of the Operating Residences or which will substantially impede future financing of any Operating Residence or (ii) a Recognized Environmental Condition (as hereinafter defined), hereof, then provided that Purchaser shall give notice thereof (together with a copy of any report or reports related thereto) within forty-five (45) days after the date of this Agreement (the "Review Period"), Purchaser may, in its sole and absolute discretion, have the right to elect to terminate this Agreement with respect to such Operating Residence, whereupon the provisions of Section 14 hereof shall be applicable with respect to such Operating Residence. Failure of Purchaser to give notice of a termination election pursuant to this Section 12.B. prior to the expiration of the Review Period shall constitute a waiver of Purchaser's right to terminate this Agreement pursuant to this Section 12.B. unless Purchaser has conducted customary inspections and examinations during such Review Period which did not reveal such

Termination Election. Purchaser shall not have given notice to Seller of it election to terminate this Agreement with respect to such Operating Residence pursuant to Sections 5.A, 12.B, 12.C, 16.A, 16.B, Seller shall not have given notice to Purchaser pursuant to Section 14.C and neither party shall have given notice of termination pursuant to Sections 18, 20, 21, 22 or 23 hereof.

Termination Election. Each Settling Defendant shall have the right to terminate this Agreement and the Global Settlement Agreement prior to the Final Approval Hearing should the number of Opt Outs exceed the Opt Out Limit. A Settling Defendant shall be deemed to have exercised the termination rights under this section if: (a) such party gives notice to all signatories to this Agreement pursuant to the procedures in Section 14.16 of this Agreement of their intent to terminate within ten (10) calendar days of notice that Opt Out Limit has been exceeded by the Class Actions Settlement Administrator, and (b) on or before the date of the Final Approval Hearing, such Settling Defendant thereafter files a document in the lead ▇▇▇▇▇▇ matter explaining that the Opt Out Limit has been exceeded and that it intends to terminate either the Global Settlement Agreement or this Agreement. If any Settling Defendant exercises its termination rights under this section, the conditions for settlement will not have been achieved, the Global Settlement Agreement and any agreement it is incorporated into, including this Agreement, shall terminate. In the event of termination, the Settling Parties shall be returned to their respective positions as of the date of the Global Settlement Agreement. Notwithstanding the foregoing, and unless separately provided in writing by the Settling Parties, unless and until a Settling Defendant files its termination as set forth in Sub-Section b of this Section or in Section 4.3(b) of the Global Settlement Agreement, in the lead ▇▇▇▇▇▇ matter, the schedule for final approval of the Class Action settlement shall continue. If a termination is filed under this Section or Section 4.3(b) of the Global Settlement Agreement, notice shall be given to the Settlement Class Members by the Class Action Settlement Administrator in a form approved by the Court.

Termination Election. Subject to the terms of this Section 23.1, if the final approved estimate of the time to substantially complete the Casualty Restoration exceeds twelve (12) months from the date of the Casualty, or if less than six (6) months shall remain in the Term upon completion of such Casualty Restoration, then, in either of such events Tenant may, at its option, elect to terminate this Lease by giving Landlord written notice thereof no later than fifteen (15) days after the time estimate is finally approved or deemed approved as hereinabove provided, which notice shall specify the effective date of such termination. Subject to the terms of this Section 23.1, if the Casualty occurs during the last twelve (12) months of the Term and the estimated cost of the Casualty Restoration as set forth in Tenant’s Casualty Notice would exceed fifteen percent (15%) of the replacement cost of the Facility (exclusive of excavations, foundations and footings), then Tenant may elect to terminate this Lease, or if such estimated cost would exceed thirty percent (30%) of such replacement costs, then Landlord may elect to terminate this Lease, by giving written notice to the other party no later than fifteen (15) days after the cost estimate is finally approved or deemed approved as hereinabove provided, which notice shall specify the effective date of such termination. If either party elects to terminate this Lease pursuant to this Section 23.1, this Lease shall terminate as of the date specified in the notice of said election, which date shall not be less than thirty (30) nor more than one hundred twenty (120) days after delivery of any such notice from Tenant, and which date shall not be less than sixty (60) nor more than one hundred twenty (120) days after delivery of any such notice from Landlord, and Tenant shall deliver up possession of the Premises to Landlord on or before such termination date and Rent shall be apportioned and paid to the date of delivery of possession or the termination date, whichever is later. Anything in this Lease to the contrary notwithstanding, if the Casualty was caused in whole or in part by the gross negligent or more culpable act or omission of any Tenant Related Party, Tenant may not terminate this Lease pursuant to this Section 23. Any Casualty which may give rise to termination under this Section 23.1 is hereinafter referred to as a “Section 23.1 Casualty”.

Termination Election. In the event that any of Purchaser's inspections, examinations, tests or surveys of any Construction Residence reveal any condition or fact (or raises substantial uncertainty with respect to the existence of any such condition or fact) with respect to (i) compliance of the Construction Residence with all Land Use Requirements materially necessary for the current and future operation of the Construction Residence or which will substantially impede future financing of any Construction Residence or (ii) a Recognized Environmental Condition (as hereinafter defined), then provided that Purchaser shall give notice thereof (together with a copy of any report or reports related thereto) within forty-five (45) days after the date of this Agreement (the "Review Period"), Purchaser may, in its sole and absolute discretion, have the right to elect to terminate this Agreement with respect to such Construction Residence, whereupon the provisions of Section 14 hereof shall be applicable with respect to such Construction Residence. Failure of Purchaser to give notice of a termination election pursuant to this Section 12.B prior to the expiration of the Review Period shall constitute a waiver of Purchaser's right to terminate this Agreement pursuant to this Section 12.B unless Purchaser has conducted customary inspections and examinations during such Review Period which did not reveal such condition or fact, and Purchaser first becomes aware of any such condition or fact after expiration of such Review Period. As used herein, a "Recognized Environmental Condition" is defined as the presence or likely presence of any Hazardous Substances on, in, under or adjacent to an Construction Residence under conditions that indicate an existing release, a past release or a material threat of a release of any Hazardous Substance on the Construction Property or into the ground, groundwater or surface water of the Construction