DOE Termination Clause Samples

DOE Termination. (i) If the Initial First Advance has not occurred by the Initial First Advance Longstop Date, DOE may terminate this Agreement upon no less than ten (10) Business Days’ prior written notice to the Borrower. Once terminated, this Agreement may not be reinstated. (ii) Following the occurrence of the First Advance Longstop Date, upon not less than ten (10) Business Days’ prior written notice to the Borrower, DOE may terminate the availability of any Maximum Principal Amount in excess of the aggregate total of the Maximum QP Principal Amount for all Qualifying Projects for which a First Advance Date has occurred. Once so terminated, such amount may not be reinstated.

DOE Termination. DOE may terminate this Agreement: For its convenience, upon at least 30 days advance written notice to County; Upon 45 days advance written notice to County, if DOE does not obtain funding, appropriations and other expenditure authorizations from federal, state or other sources sufficient to meet the payment obligations of DOE under this Agreement, as determined by DOE in the reasonable exercise of its administrative discretion. Notwithstanding the preceding sentence, DOE may terminate this Agreement, immediately upon written notice to County or at such other time as it may determine if action by the Oregon Legislative Assembly or Emergency Board reduces DOE’s legislative authorization for expenditure of funds to such a degree that DOE will no longer have sufficient expenditure authority to meet its payment obligations under this Agreement, as determined by DOE in the reasonable exercise of its administrative discretion, and the effective date for such reduction in expenditure authorization is less than 45 days from the date the action is taken; Immediately upon written notice to County if Oregon statutes or federal laws, regulations or guidelines are modified, changed or interpreted by the Oregon Legislative Assembly, the federal government or a court in such a way that DOE no longer has the authority to meet its obligations under this Agreement or no longer has the authority to provide payment from the funding source it had planned to use; Upon 30 days advance written notice to County, if County is in default under this Agreement and such default remains uncured at the end of said 30 day period or such longer period, if any, as DOE may specify in the notice; Immediately upon written notice to County, if any license or certificate required by law or regulation to be held by County or a subcontractor to perform the Work is for any reason denied, revoked, suspended, not renewed or changed in such a way that County or a subcontractor no longer meets requirements to perform the Work. ; Immediately upon written notice to County, if DOE determines that County or any of its subcontractors have endangered or are endangering the health or safety of a client or others in performing work covered by this Agreement.

DOE Termination. If the Tranche 1 First Advance Date has not occurred by the First Advance Longstop Date for Tranche 1, DOE may terminate this Agreement upon no less than ten (10) Business Days’ prior written notice to the Borrower; provided, such notice may not be delivered prior to the First Advance Longstop Date. Once terminated, this Agreement may not be reinstated.

DOE Termination. If a Note A First Advance Date has not occurred on or prior to the Note A Availability Period End Date, DOE (i) shall not be obligated to approve any FFB Advance Request, and (ii) may terminate this Agreement upon no less than **** prior written notice to the Borrower. Once terminated, this Agreement may not be reinstated.