Termination by Court Ruling definition

Termination by Court Ruling means any of the following:
Termination by Court Ruling shall have the meaning set for in Section 11.9.
Termination by Court Ruling has the meaning set forth in Article 19.11 of the Agreement.

Examples of Termination by Court Ruling in a sentence

  • Instead, the only remedies shall be for the Parties to take action to rectify or mitigate the effects of such circumstance or event, to pursue severance and reformation of the DB Documents and Principal Project Documents as set forth in Article 24.13, or Termination by Court Ruling as set forth in Article 19.11 and Exhibit 20.

  • Termination by Court Ruling under Section 20.5 becomes effective, and automatically terminates the Agreement, upon issuance of the final, non-appealable court order by a court of competent jurisdiction.

  • Termination for Convenience, Department Default, Department Suspension of Work, or by Court Ruling In its Project proposal, Developer will select the formula (Forward Looking or Backward Looking) for the termination payment that will apply upon a Termination for Convenience, termination due to Department Default, termination due to Department Suspension of Work, or Termination by Court Ruling.

  • Compensation Upon Termination by Court Ruling, Due to Certain Delayed Notices to Proceed, Due to Lack of NEPA Finality or Due to Failure to Obtain Environmental Reevaluation Approval 1.

  • Instead, the only remedies shall be for the Parties to take action to rectify or mitigate the effects of such circumstance or event, to pursue severance and reformation of the PPA Documents as set forth in Section 25.13, or Termination by Court Ruling as set forth in Section 20.5 and Exhibit 21 (Early Termination Dates and Terms for Termination Compensation).

  • Instead, the only remedies shall be for the Parties to take action to rectify or mitigate the effects of such circumstance or event, to pursue severance and reformation of the PPA Documents as set forth in Section 25.13, or Termination by Court Ruling as set forth in Section 20.5 and Exhibit 22 (Early Termination Dates and Terms for Termination Compensation).

  • If Developer elected to terminate under Section 19.2 of the Agreement, the Termination Compensation for Extended Relief Event or Insurance Unavailability shall be an amount equal to the following: initiated by Developer challenging applicability of a Change in Law where the final outcome applies the Change in Law to NCDOT or Developer and leads to Termination by Court Ruling.

  • In the event of Termination by Court Ruling, termination shall be valid and effective on the entry of final judgment.


More Definitions of Termination by Court Ruling

Termination by Court Ruling has the meaning set forth in Section 31.5.
Termination by Court Ruling means the issuance of a final, non-appealable court order by a court of competent jurisdiction: (a) to the effect that this Agreement is void, unenforceable, or impossible to perform in its entirety, except where void, unenforceable, or impossible to perform by reason of a Developer Fault; or (b) upholding the binding effect on Developer or PGCPS of a Change in Law Event that causes impossibility of performance of a fundamental obligation of Developer or PGCPS under this Agreement.

Related to Termination by Court Ruling

  • Termination With Cause and “Cause” shall have the same meaning specified in any effective severance or employment agreement existing on the date hereof or hereafter entered into between the Executive and the Bank. If the Executive is not a party to a severance or employment agreement containing a definition of termination with cause, Termination with Cause means the Bank terminates the Executive’s employment for any of the following reasons –

  • Termination Without Cause means the termination of the Employee’s employment by the Employer for any reason other than (i) Termination With Cause, or (ii) a termination by the Employer due to the Employee’s death or disability.

  • Termination for Just Cause means termination because of Executive’s personal dishonesty, incompetence, willful misconduct, breach of fiduciary duty involving personal profit, intentional failure to perform stated duties, willful violation of any law, rule or regulation (other than traffic violations or similar offenses) or final cease-and-desist order, or material breach of any provision of this Agreement.

  • Voluntary arbitration means the procedure whereby parties involved in a labor dispute

  • Termination After Change in Control means either of the following events occurring within twelve (12) months after a Change in Control:

  • Student with a disability is defined as an individual who: ● is still enrolled in secondary school and has not exited, graduated, or withdrawn; ● is at least 14 years old but less than 22; ● and has a disability (i.e., receives services under an IEP or 504 plan, or has a disability for purposes of section 504). The limited Pre-ETS that may be provided, based on identified need and the availability of services, include: ● Job exploration counseling ● Work-based learning experiences, which may include in-school or after school opportunities, experiences outside of the traditional school setting, and/or internships ● Counseling on opportunities for enrollment in comprehensive transition or post- secondary educational programs ● Workplace readiness training to develop social skills and independent living ● Instruction in self-advocacy Authorizations for Pre-ETS. DORS only pays for Pre-ETS services that have been previously authorized by a DORS official in writing. Pre-ETS Reporting: Completion of the Pre-Employment Transition Services Progress Report (Rs10f), Work Based Learning Experience Agreement (Rs10g), Work Based Learning Experience on site workplace readiness Training Report (Rs10e), or approved alternative form is required at the conclusion of the training or at agreed upon intervals.

  • Without Cause Termination or “Terminated Without Cause” means termination of the Executive’s employment by the Company other than due to death, disability, or Termination for Cause.

  • Alternative dispute resolution means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking process. The form of alternative dispute resolution chosen pursuant to this article may be binding or nonbinding, with the voluntary consent of the parties.

  • Constructive Termination Without Cause means the termination of the Executive’s employment at his initiative after, without the Executive’s prior written consent, one or more of the following events:

  • Termination for Cause or "Cause" shall mean termination because of the Executive's personal dishonesty, willful misconduct, any breach of fiduciary duty involving personal profit, intentional failure to perform stated duties, conviction of a felony with respect to the Bank or the Company or any material breach of this Agreement. For purposes of this Section, no act, or the failure to act, on the Executive's part shall be "willful" unless done, or omitted to be done, in bad faith and without reasonable belief that the action or omission was in the best interest of the Company or its affiliates. Any act, or failure to act, based upon authority given pursuant to a resolution duly adopted by the Board or based upon the written advice of counsel for the Company shall be conclusively presumed to be done, or omitted to be done, by the Executive in good faith and in the best interests of the Company. Notwithstanding the foregoing, the Executive shall not be deemed to have been terminated for Cause unless and until there shall have been delivered to him a Notice of Termination which shall include a copy of a resolution duly adopted by the affirmative vote of not less than three-fourths of the members of the Board at a meeting of the Board called and held for that purpose (after reasonable notice to the Executive and an opportunity for him, together with counsel, to be heard before the Board), finding that in the good faith opinion of the Board, the Executive was guilty of conduct justifying Termination for Cause and specifying the particulars thereof in detail. The Executive shall not have the right to receive compensation or other benefits for any period after Termination for Cause.

  • Mutual Benefits means the transient and steady-state support that the integrated generation and Transmission Systems in PJM and New York provide to each other inherently by virtue of being interconnected as described in Section 35.4 of this Agreement.

  • Termination Assistance means the activities to be performed by the Supplier pursuant to the Exit Plan, and any other assistance required by the Customer pursuant to the Termination Assistance Notice;

  • Termination Upon a Change in Control means a termination of Officer’s employment with Corporation within 12 months following a “Change in Control” that constitutes a Termination Other Than For Cause described in Section 2.1(b).

  • Involuntary Termination Without Cause means Executive’s dismissal or discharge by the Company other than for Cause. The termination of Executive’s employment as a result of Executive’s death or disability will not be deemed to be an Involuntary Termination Without Cause.

  • Child with a disability means a child who, by reason of any of the following, needs special education and related services:

  • Expedited Dispute Timetable means the timetable set out in paragraph 164 of Call Off Schedule 11 (Dispute Resolution Procedure);

  • Termination for Good Reason means a Termination of Employment by Executive for a Good Reason.

  • Termination, Moving You may cancel your acceptance of the Agreement with XOOM at any time prior to midnight of the thirtieth (30th) calendar day after the date of the first bill from your utility that includes XOOM charges for gas supply service without penalty or cancellation fee by calling XOOM at 0-000-000-0000 or by sending an email to xxxxxxxxxxxx@xxxxxxxxxx.xxx. When moving to an address within your local utility’s service territory, XOOM will make every effort to transfer your service to your new service address, provided that you notify XOOM within fifteen (15) days of your move. If a transfer of service is not successful or you move to a location outside your local utility’s service territory, you may cancel this Agreement at no cost to you. Failure to notify XOOM of your move will be considered a cancellation of this Agreement in accordance with its terms.

  • Arbitrable Dispute means any dispute arising under or in connection with this Agreement.

  • Voluntary Termination for Good Reason means that the Executive voluntarily terminates his employment after any of the following are undertaken without Executive’s express written consent:

  • Termination Upon Change of Control shall not include any termination of the employment of the Executive (a) by the Company for Cause; (b) as a result of the Permanent Disability of the Executive; (c) as a result of the death of the Executive; or (d) as a result of the voluntary termination of employment by the Executive for reasons other than Good Reason.

  • Person with a disability means a person who is a citizen or lawful resident of the United States and is a person qualifying as a person with a disability under subdivision (2.1) of this subsection (A).

  • Constructive Dismissal means, unless consented to by the Participant, any action that constitutes constructive dismissal of the Participant, including without limiting the generality of the foregoing:

  • Termination Transaction has the meaning set forth in Section 11.2.B hereof.

  • Automatic Termination shall have the meaning set forth in Section 2.3.2.

  • Anticipatory Termination means a termination of employment where PNC terminates your employment with PNC (other than for Misconduct or Disability) prior to the date on which a Change of Control occurs, and you reasonably demonstrated that such termination of employment (i) was at the request of a third party that has taken steps reasonably calculated to effect a Change of Control or (ii) otherwise arose in connection with or in anticipation of a Change of Control.