Common use of Default and Early Termination Clause in Contracts

Default and Early Termination. 26.1 Except as otherwise set forth herein, in the event of a monetary default by Charterer which is not cured within [...***...] of written notice thereof, Allegiant may terminate this Agreement. Except as otherwise set forth herein, in the event of a material default by Allegiant, which is not cured within [...***...] of written notice thereof, Charterer may either terminate this Agreement or offset any monetary amounts owed by Allegiant in its subsequent payment under section 8.1 or 8.2. 26.2 The following events may justify immediate termination this Agreement by the non-affected Party: (i) the making by either Party of any general assignments for the benefit of creditors; (ii) the filing by either Party of or a petition for the reorganization or arrangement under any laws relating to bankruptcy (unless, in the case of a petition filed against either Party, the same is dismissed within thirty (30) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of such Party's assets; (iv) the attachment, execution or other judicial seizure of substantially all of such Party's assets; or (v) either Party's convening of a meeting of any creditors or any class thereof for the purpose of effecting a moratorium upon or composition of such party's debts, or any class thereof. 26.3 Each Party shall have the ability to terminate this Agreement by giving the other Party [...***...] months advance written notice. Additionally, Charterer may immediately terminate this Agreement at any time upon payment to Allegiant of [...***...] and the payment in full of all outstanding amounts due hereunder. 26.4 In the event that either Party's authorization under the FAA and/or the DOT is revoked, cancelled or suspended, wholly or in part, the non-impaired Party may immediately terminate this Agreement by giving the impaired Party notice thereof. 26.5 The rights of termination contained in this Section are in addition to any other remedies available to any of the Parties hereunder. 26.6 Any termination of the Agreement by either Party pursuant to the terms herein shall be without prejudice to the claims of either Party up to the date of termination. The rights and obligations of the Parties shall cease on the date of termination, except those obligations and debts arising prior to the date of termination, including but not limited to any amounts owed to Allegiant for Services provided, the insurance obligations under Section 20, and any amounts owed to Charterer hereunder.

Default and Early Termination. 26.1 Except as otherwise set forth herein, in the event of a monetary default by Charterer HOC which is not cured within [...***...] of written notice thereof, Allegiant may terminate this Agreement. Except as otherwise set forth herein, in the event of a material default by Allegiant, which is not cured within [...***...] of written notice thereof, Charterer HOC may either terminate this Agreement or offset any monetary amounts owed by Allegiant in its subsequent payment under section 8.1 or 8.2. 26.2 The following events may justify immediate termination of this Agreement by the non-affected Party: (i) the making by either Party of any general assignments for the benefit of creditors; (ii) the filing by either Party of or a petition for the reorganization or arrangement under any laws relating to bankruptcy (unless, in the case of a petition filed against either Party, the same is dismissed within thirty (30) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of such Party's assets; (iv) the attachment, execution or other judicial seizure of substantially all of such Party's assets; or (v) either Party's convening of a meeting of any creditors or any class thereof for the purpose of effecting a moratorium upon or composition of such party's debts, or any class thereof. 26.3 Each Party HOC shall have the ability right to terminate this Agreement by giving the other Party [...***...] months advance written notice. Additionally, Charterer may immediately terminate this Agreement Agreement, for any reason or no reason, at any time time, upon payment to Allegiant of [...***...] and the payment ]. Upon termination in full of all outstanding amounts due hereunderaccordance with this Section 26.3 HOC shall have no additional obligation financial or otherwise to Allegiant. 26.4 In the event that either Party's authorization under the FAA and/or the DOT is revoked, cancelled or suspended, wholly or in part, the non-impaired Party may immediately terminate this Agreement by giving the impaired Party notice thereof. 26.5 The rights of termination contained in this Section are in addition to any other remedies available to any of the Parties hereunder. 26.6 Any Unless otherwise indicated, any termination of the Agreement by either Party pursuant to the terms herein Section 26 shall be without prejudice to the claims of either Party up to the date of termination. The rights and obligations of the Parties shall cease on the date of termination, except those obligations and debts arising prior to the date of termination, including but not limited to any amounts owed to Allegiant for Services provided, the insurance obligations under Section 20, and any amounts owed to Charterer HOC hereunder. 26.7 [...***...] Upon termination in accordance with this Section 26.7 HOC shall have no additional obligation financial or otherwise to Allegiant. This one time right of termination is in addition to and independent of all other rights of termination.

Default and Early Termination. 26.1 Except as otherwise set forth herein, in the event of a monetary default by Charterer which is not cured within [...***...] of written notice thereof, Allegiant may terminate this Agreement. Except as otherwise set forth herein, in the event of a material default by Allegiant, which is not cured within [...***...] of written notice thereof, Charterer may either terminate this Agreement or offset any monetary amounts owed by Allegiant in its subsequent payment under section 8.1 or 8.2. 26.2 The following events may justify immediate termination of this Agreement by the non-affected Party: (i) the making by either Party of any general assignments for the benefit of creditors; (ii) the filing by either Party of or a petition for the reorganization or arrangement under any laws relating to bankruptcy (unless, in the case of a petition filed against either Party, the same is dismissed within thirty (30) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of such Party's assets; (iv) the attachment, execution or other judicial seizure of substantially all of such Party's assets; or (v) either Party's convening of a meeting of any creditors or any class thereof for the purpose of effecting a moratorium upon or composition of such party's debts, or any class thereof. 26.3 Each Party shall have the ability to terminate this Agreement by giving the other Party [...***...] months advance written notice. Additionally, Charterer may immediately terminate this Agreement at any time upon payment to Allegiant of [...***...] and the payment in full of all outstanding amounts due hereunder. 26.4 In the event that either Party's authorization under the FAA and/or the DOT is revoked, cancelled or suspended, wholly or in part, the non-impaired Party may immediately terminate this Agreement by giving the impaired Party notice thereof. 26.5 The rights of termination contained in this Section are in addition to any other remedies available to any of the Parties hereunder. 26.6 Any termination of the Agreement by either Party pursuant to the terms herein shall be without prejudice to the claims of either Party up to the date of termination. The rights and obligations of the Parties shall cease on the date of termination, except those obligations and debts arising prior to the date of termination, including but not limited to any amounts owed to Allegiant for Services provided, the insurance obligations under Section 20, and any amounts owed to Charterer hereunder.

Default and Early Termination. 26.1 Except as otherwise 10.1 Prior to the expiration of any initial or subsequent term of this Agreement, this Agreement may be terminated in the event of the occurrence of any of the following events: (a) Immediately upon the occurrence of a Bankruptcy Event by any Party; (i) Pursuant to the terms set forth herein, in upon the event occurrence of a monetary default by Charterer which Regulatory Event; (ii) Pursuant to the terms set forth in Exhibit A as those terms relate to the annual renegotiation of a retail adder; (iii) By mutual written agreement of the parties; (iv) As otherwise provided below in Section 10.2. 10.2 If either Party fails to comply with any material term or condition of this Agreement and such failure is not cured within [...***...] of written notice thereofexcused as Force Majeure, Allegiant may terminate such Party shall be in default under this Agreement. Except as otherwise set forth hereinIf a Party is in default under this Agreement, the Party claiming that the other Party is in default shall give notice to the event defaulting Party in writing detailing the alleged default and requesting specific relief that is in accord with the terms and conditions of a material this Agreement. The Party receiving such notice of default by Allegiant, which shall respond in writing within five (5) business days affirming or denying the alleged default and detailing how any such default under this Agreement will be cured. If the Party claiming the default is not reasonably satisfied that such default has been cured within [...***...] of written notice thereof, Charterer may either terminate this Agreement or offset any monetary amounts owed by Allegiant in its subsequent payment under section 8.1 or 8.2. 26.2 The following events may justify immediate termination this Agreement by the non-affected Party: (i) the making by either Party of any general assignments for the benefit of creditors; (ii) the filing by either Party of or a petition for the reorganization or arrangement under any laws relating to bankruptcy (unless, in the case of a petition filed against either Party, the same is dismissed within thirty (30) days); (iii) days following the appointment date that the notice of a trustee or receiver to take possession of substantially all of such default has been received by the defaulting Party's assets; (iv) , the attachment, execution or other judicial seizure of substantially all of such Party's assets; or (v) either Party's convening of a meeting of any creditors or any class thereof for the purpose of effecting a moratorium upon or composition of such party's debts, or any class thereof. 26.3 Each claiming Party shall have the ability be free to terminate this Agreement by giving the seek legal redress and take such other Party [...***...] months advance written notice. Additionallyactions, Charterer may immediately terminate this Agreement at any time upon payment to Allegiant of [...***...] and the payment in full of all outstanding amounts due hereunder. 26.4 In the event that either Party's authorization under the FAA and/or the DOT is revoked, cancelled or suspended, wholly or in part, the non-impaired Party may immediately terminate this Agreement by giving the impaired Party notice thereof. 26.5 The rights of termination contained in this Section are in addition to any other remedies available to any of the Parties hereunder. 26.6 Any including termination of the Agreement by either Party pursuant this Agreement, as it sees fit, but limited to the terms herein shall be without prejudice to the claims of either Party up to the date of termination. The rights and obligations of the Parties shall cease on the date of termination, except those obligations and debts arising prior to the date of termination, including but not limited to any amounts owed to Allegiant for Services provided, the insurance obligations under extent set forth in Section 20, and any amounts owed to Charterer hereunder11.1 herein.

Default and Early Termination. 26.1 Except as otherwise set forth herein, in the event of a monetary default by Charterer HOC which is not cured within [...***...] of written notice thereof, Allegiant may terminate this Agreement. Except as otherwise set forth herein, in the event of a material default by Allegiant, which is not cured within [...***...] of written notice thereof, Charterer HOC may either terminate this Agreement or offset any monetary amounts owed by Allegiant in its subsequent payment under section 8.1 or 8.2. 26.2 The following events may justify immediate termination of this Agreement by the non-affected Party: (i) the making by either Party of any general assignments for the benefit of creditors; (ii) the filing by either Party of or a petition for the reorganization or arrangement under any laws relating to bankruptcy (unless, in the case of a petition filed against either Party, the same is dismissed within thirty (30) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of such Party's assets; (iv) the attachment, execution or other judicial seizure of substantially all of such Party's assets; or (v) either Party's convening of a meeting of any creditors or any class thereof for the purpose of effecting a moratorium upon or composition of such party's debts, or any class thereof. 26.3 Each Party shall have the ability to terminate this Agreement by giving the other Party [...***...] months advance written notice. Additionally, Charterer may immediately terminate this Agreement at any time upon payment to Allegiant of [...***...] and the payment in full of all outstanding amounts due hereunder. 26.4 In the event that either Party's authorization under the FAA and/or the DOT is revoked, cancelled or suspended, wholly or in part, the non-impaired Party may immediately terminate this Agreement by giving the impaired Party notice thereof. 26.5 The rights of termination contained in 26.4 Either Party shall have the right to terminate this Section are in addition to Agreement, for any other remedies available to reason or no reason, at any of the Parties hereunder. 26.6 Any termination of the Agreement by either Party pursuant to the terms herein shall be without prejudice to the claims of either Party up to the date of termination. The rights and obligations of the Parties shall cease on the date of terminationtime, except those obligations and debts arising prior to the date of termination, including but not limited to any amounts owed to Allegiant for Services provided, the insurance obligations under Section 20, and any amounts owed to Charterer hereunder.with [...***...]

Default and Early Termination. 26.1 Except as otherwise set forth herein, in the event of a monetary default by Charterer which is not cured within [...***...] of written notice thereof, Allegiant Either Party may terminate this Agreement. Except as otherwise set forth herein, in the event of a material default by Allegiant, which is not cured within [...***...] of Agreement on 30 days written notice thereof, Charterer may either terminate this Agreement or offset any monetary amounts owed by Allegiant in its subsequent payment under section 8.1 or 8.2. 26.2 The following events may justify immediate termination this Agreement by the non-affected Partyif: (i) the making other Party fails to make, when due, any payment required under this Agreement if such failure is not remedied within 3 days after written notice thereof; (ii) any representation or warranty made by either such Party of herein is false or misleading in any material respect when made or when deemed made or repeated; (iii) the other Party fails to perform any material obligation under this Agreement, and such failure is not excused by Force Majeure or remedied within 30 days after written notice thereof; (iv) the other Party: (A) makes an assignment or any general assignments arrangement for the benefit of creditors; (iiB) the filing by either Party of or files a petition or otherwise authorizes the commencement of a proceeding under any bankruptcy or similar Law for the reorganization protection of creditors, or arrangement under any laws relating to bankruptcy (unless, in the case of a has such petition filed against either Party, the same is dismissed within thirty (30) days)it; (iiiC) the appointment of a trustee otherwise becomes bankrupt or receiver to take possession of substantially all of such Party's assets; (iv) the attachment, execution or other judicial seizure of substantially all of such Party's assetsinsolvent; or (vD) either Party's convening of a meeting of any creditors or any class thereof for the purpose of effecting a moratorium upon or composition of such party's debts, or any class thereof. 26.3 Each Party shall have the ability is unable to pay its debts as they fall due. We may terminate this Agreement by giving upon notice to you if you fail to post, maintain or renew collateral. Upon termination, the other terminating Party [...***...] months advance written notice. Additionallywill be entitled, Charterer may immediately terminate as its sole and exclusive remedy, to obtain from the defaulting Party its actual damages, if any, calculated as the difference between the projected value of this Agreement to the terminating Party for the remaining Term at any time upon payment to Allegiant of [...***...] the Energy Charge and the payment value of the same projected quantities of energy for such term at a current market rate, each determined in full of all outstanding amounts due hereunder. 26.4 In the event that either Party's authorization under the FAA and/or the DOT is revoked, cancelled or suspended, wholly or in parta commercially reasonable manner. Upon such termination, the non-impaired defaulting Party may immediately terminate setoff, against any amounts owed or accrued and payable to the defaulting Party by the non-defaulting Party or any of its affiliates under this Agreement or under any other agreement(s), instrument(s) or undertaking(s) (“Other Obligations”), any amounts owed by giving the impaired defaulting Party notice thereof. 26.5 The rights to the non-defaulting Party or any of termination contained in its affiliates under this Section are Agreement or under any Other Obligations provided such setoff will not create a charge or other security interest and is without prejudice and is in addition to any right of setoff, counterclaim, lien or other remedies available right to which any Party is at any time otherwise entitled (whether by operation of the Parties hereunderlaw, contract or otherwise). 26.6 Any termination of the Agreement by either Party pursuant to the terms herein shall be without prejudice to the claims of either Party up to the date of termination. The rights and obligations of the Parties shall cease on the date of termination, except those obligations and debts arising prior to the date of termination, including but not limited to any amounts owed to Allegiant for Services provided, the insurance obligations under Section 20, and any amounts owed to Charterer hereunder.