Discontinued Use. If, at any time following the Rent Commencement Date, Tenant does not continuously operate its business in the Premises for a period of 90 consecutive days, Landlord may, but is not obligated to, elect to terminate this Lease upon 30 days’ written notice to Tenant, whereupon this Lease shall terminate 30 days’ after Landlord’s delivery of such written notice (“Termination Date”), and Tenant shall vacate the Premises and deliver possession thereof to Landlord in the condition required by the terms of this Lease on or before the Termination Date and Tenant shall have no further obligations under this Lease except for those accruing prior to the Termination Date and those which, pursuant to the terms of the Lease, survive the expiration or early termination of the Lease.
Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the duration of the project, or RULES of applicable grant assisted program. When the Sponsor discontinues use of the equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO, or to dispose of the equipment according to RCO published policies.
Discontinued Use. If, despite Successful Respondent’s commercially reasonable efforts to effect the alternatives set forth in Sections 17.2(a)-(c) above, the Parties determine that none of such alternatives are feasible, Successful Respondent may discontinue its use of such infringing or potentially infringing Materials, Equipment, or Services; provided, however, neither such right or such discontinuation shall limit nor expand DIR's rights or Successful Respondent’s obligations under the Agreement; nor shall such right or such discontinuation excuse any breach by Successful Respondent of its obligation to provide the Services and to provide the Services in a non-infringing manner.
Discontinued Use. (a) Promptly after the termination or expiration of the Adolor Product Promotion Term, GSK shall (a) immediately cease use of all Promotional Materials relating to the Adolor Products in the United States, (b) return, or otherwise dispose of in accordance with instructions from Adolor, all Promotional Materials relating to the Adolor Products in the United States that remain in GSK's or its Affiliates' possession or control, and (c) upon written request by Adolor provide Adolor with a certified statement that all such remaining Promotional Materials relating to the Adolor Products in the United States have been returned or otherwise properly disposed of, and that GSK is no longer in possession or control of any such Promotional Materials relating to the Adolor Products in the United States.
Discontinued Use. If, despite Contractor’s commercially reasonable efforts to effect the alternatives set forth in Sections 16.5(a), (b), and (c) above, the Parties determine that none of such alternatives are feasible, Contractor may discontinue its use of such infringing, potentially infringing or enjoined Work Product, Contractor Owned Material, or Services; provided, however, that neither such right nor such discontinuation shall limit or expand OCA’s rights or Contractor’s obligations under this Agreement; nor shall such right or such discontinuation excuse any breach by Contractor of its obligation to provide the Services in a non-infringing and non-enjoined manner.
Discontinued Use. If, despite Service Provider's commercially reasonable efforts to effect the alternatives set forth in Sections 17.2(a)-(c) above, the Parties determine that none of such alternatives are feasible, Service Provider may discontinue its use of such infringing or potentially infringing Materials, Equipment or Services; provided, however, neither such right or such discontinuation shall limit nor expand DIR's rights or Service Provider's obligations under the Agreement; nor shall such right or such discontinuation excuse any breach by Service Provider of its obligation to provide the Services and to provide the Services in a non-infringing manner.
Discontinued Use. If, at any time following the Base Rent Commencement Date, Tenant (and/or any assignee or subtenant) does not continuously operate its business in the Premises for a period of 90 consecutive days, Landlord may, but is not obligated to, elect to terminate this Lease upon 30 days’ written notice to Tenant, whereupon this Lease shall terminate 30 days after Landlord’s delivery of such written notice (“Termination Date”), and Tenant shall vacate the Premises and deliver possession thereof to Landlord in the condition required by the terms of this Lease on or before the Termination Date and Tenant shall have no further obligations under this Lease except for those accruing prior to the Termination Date and those which, pursuant to the terms of this Lease, survive the expiration or early termination of the Lease; provided, however, that such termination notice shall be null and void and the Term shall continue if Tenant in good faith resumes full operations in the Premises prior to the Termination Date and timely certifies to Landlord the same in writing. Further, and notwithstanding the foregoing, Landlord shall not have such termination right if Tenant provides Landlord with reasonable advance notice prior to stopping operations and, at the time of stopping operations, (i) Tenant completes Tenant’s obligations under a Decommissioning and HazMat Closure Plan in compliance with Section 28, (ii) Tenant has obtained the release of the Premises of all Hazardous Materials Clearances and the Premises are free from any residual impact from the Tenant HazMat Operations, and Tenant provides reasonably detailed documentation to Landlord confirming such matters, (iii) Tenant has made reasonable arrangements with Landlord for the security of the Premises for the balance of the Term, and (iv) Tenant continues during the balance of the Term to satisfy and perform all of Tenant’s obligations under this Lease as they come due. For the avoidance of doubt, the foregoing 90 day period shall be extended during periods that (a) a contamination of the Premises that is being remediated in accordance with the provisions hereof or (b) a casualty event that is being restored in accordance with the provisions hereof; provided in the case of (a) or (b), Tenant has made arrangements reasonably satisfactory to Landlord for the security and storage of Hazardous Materials.
Discontinued Use. If, despite Contractor’s commercially reasonable efforts to effect the alternatives set forth in Sections 15.4(a), (b), and (c) above, the Parties determine that none of such alternatives are feasible, Contractor may discontinue its use of such potentially infringing or enjoined Work Product, Contractor Owned Material, or Services. Neither such right nor such discontinuation shall limit or expand AOC’s rights or Contractor’s obligations under this Agreement nor shall such right or discontinuation excuse any breach by Contractor of its obligation to provide the Services in a non-infringing and non-enjoined manner.
Discontinued Use. With just cause, any violation of the terms of this agreement or a material change in existing legal requirements that adversely affects the End User and this agreement, ACUTRAQ may, upon its election, discontinue serving the End User and cancel the agreement immediately.
Discontinued Use. If, at any time following the Rent Commencement Date, Tenant does not continuously operate its business in the Premises for a period of 90 consecutive days (for any reason other than a casualty, condemnation or Force Majeure event), Landlord may, but is not obligated to, elect to terminate this Lease upon 30 days’ written notice to Tenant, whereupon this Lease shall terminate 30 days’ after Landlord’s delivery of such written notice (“Termination Date”), and Tenant shall vacate the Premises and deliver possession thereof to Landlord in the condition required by the terms of this Lease on or before the Termination Date and Tenant shall have no further obligations under this Lease except for those accruing 739123072.6 Net Multi-Tenant Laboratory 4224 Campus – Suite 210/Regulus - Page 35 prior to the Termination Date and those which, pursuant to the terms of this Lease, survive the expiration or early termination of this Lease.
