Termination of this Amendment Clause Samples

Termination of this Amendment. This Amendment shall expire on October 1, 2004 and each October 1 thereafter unless the fee described in Section 2.05 of this Amendment is extended or modified for a subsequent year by written notification from the Broker-Dealer to the Issuer and the Auction Agent prior to each October 1. Any modification of the fee described in Section 2.05 of this Amendment shall be effective only upon execution of a letter agreement or amendment to the Original Broker-Dealer Agreement executed by each of the parties hereto.

Termination of this Amendment. This Amendment shall be of no further force or effect upon the Company raising from outside investors the cumulative amount of $1 .5 million.

Termination of this Amendment. This Amendment may be terminated by either party at any time if a final and non-appealable order, ruling or injunction of any court of competent jurisdiction shall have been issued and the effect of such order, ruling or injunction is to render (i) this Amendment or the MSA Amendment invalid or unenforceable by such party, or (ii) the approval by the Long Island Power Authority of the Amendment dated as of March 29, 2002 (the "GPRA Amendment") to the Generation Purchase Right Agreement, dated as of June 26, 1997, by and between KeySpan and LIPA, invalid and thereby causing the GPRA Amendment to be invalid and unenforceable by LIPA. Such termination shall be effective immediately upon the giving of a notice of such termination to the other party. This Amendment may not be terminated by either party if a final and non-appealable order, ruling or injunction of any court of a competent jurisdiction shall have been issued and the effect of such order, ruling or injunction is to render the approval of the GPRA Amendment invalid for reason that the Long Island Power Authority did not seek requisite governmental approvals.

Termination of this Amendment. In the event that the Tender Offer is terminated or withdrawn, or the majority (in principal amount) of the outstanding Notes are not accepted for purchase for any reason (the “Tender Offer Termination”), this Amendment shall be null and void and the obligations of the Company and the Guarantors under the Registration Rights Agreement shall be restored and Liquidated Damages shall accrue and be payable in accordance with the original terms of the Registration Rights Agreement as if this Amendment had never been executed.

Termination of this Amendment. Either Party may terminate this Amendment on ninety days prior written notice to the other Party except that any such termination shall be effective as to an ongoing assignment specified in a Task Order only when the minimum term for such ongoing assignment is completed. Sections 3.12, 3.15, 5.24, 8, 10 and 11 of this Amendment shall survive any expiration or termination of this Amendment. If either Party terminates this Amendment pursuant to this Section, the Contractor shall, at the Company’s discretion, continue to provide Services to the Company for a period of up to one year subject to the terms of this Amendment. Both Parties will use their best efforts to ensure smooth and efficient transition of all work to Company or any new contractor or contractors designated by Company. Contractor hereby waives any and all claims for additional compensation or charges (including any claim for lost profits), as a result of any termination and Contractor hereby agrees that its sole remedy hereunder shall be to receive compensation in accordance with this Section.

Termination of this Amendment. This Agreement shall terminate with respect to --------------------------------- the Holder when all of the Registrable Securities have been registered as provided herein. No Contracts, Arrangements, Understandings or Relationships with Respect to -------------------------------------------------------------------------------- Securities. There are no contracts, arrangements, understandings or relationships (legal or otherwise) by any party to this Agreement, or any other person with respect to the Company Common Stock, or any other securities of the Company, including but not limited to transfer or voting of any of the Company Common Stock, or any other securities of the Company, finder's fees, joint ventures, loan or option arrangements, puts or calls, guarantees of profits, division of profits or loss, or the giving or withholding of proxies.

Termination of this Amendment. This Amendment may be terminated:

Termination of this Amendment. This Amendment will terminate and be of no force and effect if the conditions to effectiveness set forth in Article I are not satisfied on or prior to September 3, 2010.

Termination of this Amendment. 12.1 Either Party may terminate this Amendment on ninety days prior written notice to the other Party except that any such termination shall be effective as to an ongoing assignment specified in a Task Order only when the minimum term for such ongoing assignment is completed. Sections 3.12, 3.15, 5.24, 8, 10 and 11 of this Amendment shall survive any expiration or termination of this Amendment. If either Party terminates this Amendment pursuant to this Section, the Contractor shall, at the Company’s discretion, continue to provide Services to the Company for a period of up to one year subject to the terms of this Amendment. Both Parties will use their best efforts to ensure smooth and efficient transition of all work to Company or any new contractor or contractors designated by Company. Contractor hereby waives any and all claims for additional compensation or charges (including any claim for lost profits), as a result of any termination and Contractor hereby agrees that its sole remedy hereunder shall be to receive compensation in accordance with this Section. 12.2 If either Party terminates this Amendment pursuant to Section 12.1, then promptly upon the expiration of the ninety days notice period and at such reasonable time as may be necessary for orderly transition, the Contractor will deliver to the Company all documents, document drafts, work papers, notes, and charts of any description, including electronic media, furnished or made available by the Company or produced by the Contractor in the course of work effort pursuant to this Amendment and retain no copy and shall certify same to the Company. The Contractor shall also return to the Company any equipment it may have received from the Company under the terms of Section 4.5 of this Amendment. Notwithstanding anything contained herein, the Parties may separately provide in a Task Order for termination of such Task Order in accordance with terms specifically agreed upon by the Parties for that Task Order. 12.3 Except for termination based on Sections 5.13 of this Amendment, upon termination, all amounts payable by the Company to the Contractor for Services rendered (including parts thereof) up to the effective date of termination, shall be paid by the Company.