DEFAULT, ASSIGNMENT, AND TERMINATION Sample Clauses

The "Default, Assignment, and Termination" clause defines the conditions under which a party is considered in breach of contract (default), the rules governing the transfer of contractual rights or obligations to another party (assignment), and the circumstances that allow for ending the agreement (termination). Typically, this clause outlines what constitutes a default, such as failure to perform obligations, and describes the process for assigning the contract, often requiring prior written consent. It also specifies how and when the contract can be terminated, for example, after a material breach or with advance notice. The core function of this clause is to provide clear procedures for handling breaches, changes in parties, and ending the contract, thereby reducing uncertainty and managing risk for all involved.
DEFAULT, ASSIGNMENT, AND TERMINATION. Subleasing or Assigning as Breach Section 8.01. Lessee shall not encumber, assign, or otherwise transfer this Lease, any right or interest in this Lease, or any right or interest in the Premises or any of the improvements that may now or hereafter be constructed or installed on the Premises without the express written consent of Lessor first had and obtained. Neither shall Lessee sublet the Premises or any part thereof or allow any other person, other than Lessee’s patrons, agents, servants, and employees, to occupy the Premises or any part thereof without the prior written consent of Lessor. The consent of Lessor to any assignment of Lessee’s interest in this Lease or the subletting by Lessee of the Premises or parts of the Premises shall not be unreasonably withheld. A consent by Lessor to one assignment, one subletting, or one occupation of the Premises by another person shall not be deemed to be a consent to any subsequent assignment, subletting, or occupation of the Premises by another person. Any encumbrance, assignment, transfer, or subletting without the prior written consent of Lessor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of Lessor, terminate this Lease. Notwithstanding the above, Lessee may assign or sublease the Premises, or portions thereof, to a subsidiary, affiliate or parent of Lessee. Such permitted assignment shall not relieve Lessee or any person who has personally guaranteed Lessee’s performance of this Lease from any liability under this Lease or any such guarantee. Section 8.02. The occurrence of any one or more of the following events shall constitute a default under this Lease by Lessee: (a) Non-curable Defaults: (i) The vacation or abandonment of any substantial portion of the Premises by Lessee for a period of five (5) business days or longer;
DEFAULT, ASSIGNMENT, AND TERMINATION. 9.1 Subleasing or Assigning as Breach. Lessee shall not assign, encumber, or otherwise transfer this lease, any right or interest in this lease, or anyright or interest in said Premises or any of the improvements that may now or hereafter be constructed or installed on said Premises without the express written consent of Lessor first had and obtained. Lessee shall not sublet said Premises or any part thereof or allow any other person, other than Lessee's members, agents, servants, and employees, to occupy said Premises or any part thereof without the prior written consent of Lessor. A Consent by Lessor to one assignment, one subletting, or one occupation of said Premises by another person shall not be deemed to be a consent to any subsequent assignment, subletting, or occupation of said Premises by another person. Any assignment, encumbrance, transfer, or subletting without the prior written consent of Lessor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of Lessor, terminate this lease. ▇▇▇▇▇▇ and ▇▇▇▇▇▇ acknowledge that this provision has been specifically negotiated by and between themselves in order to prevent ▇▇▇▇▇▇ from obtaining a windfall if Lessee should seek to assign or sublet the Premises, because ▇▇▇▇▇▇ obtained the Premises to continue its Boxing Club and Fitness Center which was located in another building.
DEFAULT, ASSIGNMENT, AND TERMINATION. Subleasing or Assigning as Breach Section 9.01. Lessee shall not encumber, assign, or otherwise transfer this lease, any right or interest in this lease, or any right or interest in said premises or any of the improvements that may now or hereafter be constructed or installed on said premises without the express written consent of Lessor first had and obtained; provided that Lessor shall not unreasonably withhold much express written consent.
DEFAULT, ASSIGNMENT, AND TERMINATION. Section 9.01. Transfer of Assignment: at coverage levels specified by UCSD Risk Management Office. AS/GSA may not assign, or otherwise transfer this Agreement, or any right or interest in dispense this Agreement, or any right obligation by requiring such coverage to use said Space or any of the improvements that may now or hereafter be constructed or installed on said Space without the express written consent of Centers. Any assignment or transfer, without provided by their Vendor but the prior written consent of Centers, whether it be voluntary or involuntary, failure to do so will constitute a default under this Agreement by operation AS/GSA and be grounds for termination of law or otherwise, is void the Vendor's lease and shall, this Agreement.
DEFAULT, ASSIGNMENT, AND TERMINATION 

Related to DEFAULT, ASSIGNMENT, AND TERMINATION

  • Assignment and Termination This Agreement shall not be assignable by any party except to successors to all or substantially all of the business of either the Consultant or the Company nor may this Agreement be terminated by either party for any reason whatsoever without the prior written consent of the other party, which consent may not be arbitrarily withheld by the party whose consent is required.

  • Default and Termination (a) In the event that either Party (the “Non-defaulting Party”) determines that the other Party (the “Defaulting Party”) is in breach of any term or condition of this Agreement, unless the breach is a Substantial Breach, the Non- defaulting Party shall give the Defaulting Party fourteen (14) days from the day of written notification of the breach for the Defaulting Party to remedy the breach or if the breach cannot reasonably be cured within such period, provided the Defaulting Party proceeds to diligently remedy the default, such additional period of time as is reasonably required to remedy the breach, as determined by the Non-defaulting Party, acting reasonably. (b) In the event that: (i) the Non-defaulting Party determines that the Defaulting Party is in breach pursuant to Section 3.3(a); (ii) the breach was not a Substantial Breach at the time such breach occurred; and (iii) the Defaulting Party disputes the determination of the breach made by the Non-defaulting Party, the provisions of Schedule H shall apply with respect to the dispute. (c) In the event of a Substantial Breach, the Non-defaulting Party shall, without limiting any other rights it may have in law or equity, have the right to terminate this Agreement without cost, penalty, or process of law with a minimum of forty-eight (48) hours prior written notice to the Defaulting Party. (d) If the Service Provider materially defaults in the observation or performance of any term or condition of this Agreement, and fails to remedy such default within the period provided for herein, AHS shall be entitled, but not obligated, to take such steps as may be available or desirable to remedy such default, and all costs of AHS in that regard shall be paid by the Service Provider to AHS on demand. (e) The rights and remedies of the Parties as set forth in this Agreement are cumulative and shall in no way be deemed to limit any of the other provisions of this Agreement or otherwise to deny the Parties any other remedy at law or in equity which the Parties may have under any law in effect at the date hereof or which may hereinafter be enacted or become effective, it being the intent hereof that such rights and remedies of the Parties shall supplement or be in addition to or in aid of the other provisions of this Agreement and of any right or remedy at law or in equity which the Parties may possess.

  • Term and Termination; Assignment; Amendment (a) This Agreement shall be effective for the duration of the Acquired Funds’ and the Acquiring Funds’ reliance on the Rule, as interpreted or modified by the SEC or its Staff from time to time. While the terms of the Agreement shall only be applicable to investments in Funds made in reliance on the Rule, as interpreted or modified by the SEC or its Staff from time to time, the Agreement shall continue in effect until terminated pursuant to Section 9(b). (b) This Agreement shall continue until terminated in writing by either party upon 30 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(d)(1)(A) limits in reliance on the Rule. (c) This Agreement may not be assigned by either party without the prior written consent of the other. (d) Other than as set forth in Sections 6 and 7 above, this Agreement may be amended only by a writing that is signed by each affected party. (e) In the case of any Acquiring Fund or Acquired Fund organized as a Massachusetts business trust (each, a “Massachusetts Trust”), a copy of the Declaration of Trust of each Massachusetts Trust is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that no trustee, officer, employee, agent, employee or shareholder of a Massachusetts Trust shall have any personal liability under this Agreement, and that this Agreement is binding only upon the assets and property of the applicable series of each Massachusetts Trust. For the avoidance of doubt, no director, trustee, officer, employee, agent, employee or shareholder of any other Registrant shall have any personal liability under this Agreement, and that this Agreement is binding only upon the assets and property of the applicable series of each such Registrant.

  • Default, Disruption and Termination H1 Termination on Change of Control and Insolvency H2 Termination on Default H3 Break H4 Consequences of Termination H5 Disruption H6 Recovery upon Termination H7 Force Majeure

  • Amendment and Termination; Waiver Subject to the terms of the Plan, this Agreement may be amended or terminated only by the written agreement of the parties hereto. The waiver by BB&T of a breach of any provision of the Agreement by the Participant shall not operate or be construed as a waiver of any subsequent breach by the Participant. Notwithstanding the foregoing, the Administrator shall have unilateral authority to amend the Plan and this Agreement (without Participant consent) to the extent necessary to comply with applicable law or changes to applicable law (including but in no way limited to Section 409A and federal securities laws), and the Participant hereby consents to any such amendments to the Plan and this Agreement.