By Contractor. Except where SBCAG withholds payment pursuant to other terms of this Agreement, should SBCAG fail to pay CONTRACTOR all or any part of the payment set forth in Exhibit B, CONTRACTOR may, at CONTRACTOR's option, terminate this agreement, if such failure is not remedied by SBCAG within thirty (30) days of written notice to SBCAG of such late payment.
By Contractor. Contractor shall have the right at all reasonable times to enter upon the Project Site(s) to construct the Project pursuant to this Master Facilities Lease. Following the acceptance of the Project by District, Contractor may enter the Project at reasonable times with advance notice and arrangement with District for purposes of making any repairs required to be made by Contractor.
By Contractor. Notwithstanding the foregoing, Contractor may assign or transfer this Contract or all of its rights, duties, or obligations hereunder to: (i) any Affiliate of Contractor, provided that such Affiliate has sufficient financial and technical resources to fulfill Contractor’s obligations under this Contract, or (ii) any person in connection with the sale, transfer, merger, assignment or other reorganization affecting Contractor or all (or substantially all) of Contractor’s assets or capital stock, whether by way of merger, consolidation, or otherwise, provided that the assignee, transferee, or successor to Contractor has expressly assumed all the obligations of Contractor and all terms and conditions applicable to Contractor under this Contract.
By Contractor. The Contractor may terminate this Contract by giving the Department written notice of such termination. No such termination shall be effective until sixty (60) days after the Department has received the Contractor’s written notice of termination, or until such later date as established by the Contractor in the Contractor’s written notice of termination. Contractor shall mail or deliver the Contractor’s written notice of termination to the Contracts Administrator. If the Contractor terminates the Contract, the Department shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination.
By Contractor. Notwithstanding the foregoing, Contractor may: (a) assign or transfer this Contract or all of its rights, duties, or obligations hereunder, or (b) be subject to a change in Control or ownership, in each case with written notice to Customer, but without requiring Customer’s approval to: (i) any Affiliate of Contractor that has equivalent or greater financial resources as Contractor; or (ii) any person or entity which, by way of merger, consolidation, or any similar transaction involving the acquisition of substantially all the stock, equity or the entire business assets of Contractor succeeds to the interests of Contractor and has expressly assumed all the obligations of Contractor and all terms and conditions applicable to Contractor under this Contract.
By Contractor. If this transaction is not concluded because of the material default of Contractor in the performance of the obligations of Contractor pursuant to this Agreement, and if said default is not remedied within thirty (30) days after written notice from Owner to Contractor setting forth the details of the default and demanding that the default be remedied (or within such reasonable period of time as may be necessary to remedy the default in the event that thirty (30) days is not a sufficient time, provided that Contractor is diligently pursuing the remedy of any such default), then Owner shall have as its sole remedies either (i) the right to terminate this Agreement upon payment by Owner to Contractor for all work performed and all costs incurred by Contractor as of the date of termination, whereupon this Agreement shall be deemed terminated and both Contractor and Owner shall be relieved of any further obligations hereunder, or (ii) the right to pursue specific performance. These shall be the sole remedies available to Owner in the event of a default by Contractor. By Owner: In the event of default by Owner in the performance of the obligations of Owner under this Agreement, and should said default not be remedied within ten (10) days after written notice from Contractor to Owner setting forth the details of the default and demanding that the default be remedied, then, at the election of Contractor, (a) Contractor shall retain all sums paid to Contractor by Owner pursuant to this Agreement including, but not limited to, the Advance Payment, any sums with respect to changes in the Plans and Specifications, any sums with respect to allowance overages, and any other sums, as liquidated damages, whereupon this Agreement shall be deemed terminated and both Contractor and Owner shall be relieved of any further obligations hereunder; or (b) Contractor shall have the right to retain all sums paid to Contractor, as aforesaid, by Owner, which sums shall be applied toward the actual damages of Contractor, and Contractor shall be entitled to recover from Owner the balance of any portion of the Consideration owing for Costs of Renovation incurred by Contractor and the entire balance of the Contractor’s Fee, together with damages incurred by Contractor; or (c) Contractor shall have the right to retain all sums paid to Contractor, as aforesaid, by Owner, and Contractor shall have the right to pursue, in addition to the retainage of said sums, equitable relief against Owner,...
By Contractor. Contractor may, upon approval by Company, which approval may be withheld for any reason, subcontract any portion of the Services to a subcontractor. In no case shall Company’s approval of any subcontract relieve Contractor of any of its obligations under this Agreement. Contractor may have portions of the Services performed by its Affiliates or their employees, in which case Contractor shall be responsible for such Services and Company shall look solely to Contractor as if the Services were performed solely by Contractor.
By Contractor. CONTRACTOR shall indemnify, defend, and hold harmless OWNER, its Affiliates, the Financing Parties, and the agents, officers, directors, employees, subcontractors and representatives of each of the foregoing (each, an “OWNER Indemnified Party”) from and against any and all suits, actions, damages, claims, costs, losses or liability of whatsoever kind or character, including, but not limited to, attorneys’ fees and expenses, arising from claims for accidents, injuries, or damage of any kind which are caused, or claimed to be caused, in whole or in part by the negligence or willful misconduct of, or breach of this Agreement by, CONTRACTOR, its agents, employees, vendors or subcontractors.