EARLY TERMINATION AND DEFAULT Sample Clauses

EARLY TERMINATION AND DEFAULT. Microsoft may terminate this Agreement immediately upon notice if StarTek: (i) fails to strictly comply with Section(s) 5 or 9 of this Agreement, (ii) makes or attempts to make an assignment in violation of Section 16(a) of this Agreement, or (iii) experiences an Insolvency Event of Default, as defined below. In addition to the foregoing, Microsoft or StarTek may terminate this Agreement without cause with * notice in writing. The rights and remedies provided herein to the parties shall not be exclusive and are in addition to any other rights and remedies provided by law. In the event a non-defaulting party in its discretion elects not to terminate this Agreement, such election shall not be a waiver of any claims of that party for a default(s). Further, the non-defaulting party may elect to leave this Agreement in full force and effect and to institute legal action against the defaulting party for specific performance and/or damages suffered by such party as a result of the default(s). For purposes of this Agreement, an "Insolvency Event of Default" shall be deemed to have occurred in the event the applicable party fails to formally dismiss the Insolvency Event of Default within * after commencement of any of the following proceedings: (v) any party admits in writing its inability to pay its debts generally or makes a general assignment for the benefit of its creditors; (w) a proceeding is instituted, voluntarily or otherwise, by or against any party seeking to adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement adjustment or composition of it or its debt, which is not dismissed within *; (x) a proceeding is instituted against any party seeking to appoint a receiver, trustee or similar official for it or for any substantial part of its property; (y) a party ceases to pay its debts as they become due; or (z) any party becomes Insolvent, as defined elsewhere herein. Notwithstanding the foregoing, Microsoft may, at its sole discretion, immediately terminate this Agreement if, due to StarTek's lack of diligence, StarTek engages in or permits its subcontractor(s) to engage in the unauthorized replication and/or distribution of Product(s). StarTek will diligently attempt to prevent any unauthorized replication and/or distribution of Product(s) by StarTek employees or any subcontractor and will cooperate fully with Microsoft to that end. Microsoft may, at its sole discretion, immediately terminate StarTek's right to subcontract the repli...
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EARLY TERMINATION AND DEFAULT. (1) You may terminate this Lease before the end of the Initial Term under the following conditions:
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EARLY TERMINATION AND DEFAULT a. Provided the lease is not in default, and has been in effect a minimum of six months, the lease may be terminated prior to its scheduled termination by giving a 15 day written notice and purchases the equipment at the purchase option. Price set forth above under the terms described below. b. the remaining amount owed is calculated by adding any past due monthly payments and past due interest owed; any official fees and taxes imposed in connection with lease termination and fixed monthly lease charges for the remaining schedule lease term, discounted to rebate any unearned lease charges based on actuarial method which will be figured taking into consideration depreciation charges and total lease charges.
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EARLY TERMINATION AND DEFAULT. The Initial Term and any Renewal Term is subject to early termination of the Agreement in accordance with the following:
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EARLY TERMINATION AND DEFAULT. You may terminate this Agreement before the end of the Term by purchasing the PV System at any time, including when the Premises are transferred. We may terminate this Agreement before the end of the Term if you fail to make any payment when due or you fail to perform your obligations under this Agreement, as described in Paragraph 5.04. See Section 5 of this Agreement for a full explanation of events of default, termination, and remedies. Upon such termination we shall be entitled to the remaining payments plus any lost or recaptured Renewable Energy Incentive less amounts received from any Third Party Sales (if applicable), in addition to such other remedies provided herein and by applicable law. See Section 5.04(b) of this Agreement for a further explanation. Purchase Option Prior to the End of the Lease Term: You have the right to purchase the leased property at any time. The price will be determined as provided in Exhibit IV of the lease. This amount includes taxes. Options at the Expiration of the Term: At the expiration of the Term of this Agreement, you have 3 options: (i) you may purchase the leased property for $5,943; (ii) you may extend the Term of the Agreement for an additional 10 years, or (iii) you may request that Company remove the leased property and restore your roof. See Section 5.03 of this Agreement. This is a legally binding agreement that secures for you the benefits provided by the PV system, so please read everything carefully including all of the Exhibits. If you do not meet your contract obligations under this Agreement, you may lose your rights to the benefits of the PV System. If you have any questions regarding this Agreement, please call the Customer Service Hotline specified above. This Solar Benefits Agreement (the "Agreement") is made as of 07/23/2021 between NAME WITHELD, the purchaser of the home specified above and participant in the SunStreet Solar Home Program ("you" or the "Homeowner"), and Sunnova Energy Corporation, DBA: SunStreet Energy Group, LLC, a Delaware corporation, together with its successors and assigns ("we," "us," "our" or the "Company"). This Agreement covers the lease by the Company to you of the solar photovoltaic system (the "PV System") described below. The PV System has been installed at the Address. This Agreement will refer to this address as the "Premises" or your "Home." This Agreement has disclosures required by the Federal Consumer Leasing Act and, where applicable, state and local law. Th...
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EARLY TERMINATION AND DEFAULT. (a) Provided the lease is not in default, and has been in effect a minimum of six months, the lease may be terminated prior to its scheduled termination by giving a 15-day written notice and purchases the equipment at the purchase option. Price set forth above under the term described below.
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Related to EARLY TERMINATION AND DEFAULT

  • Termination and Default Either party, upon determination that the other party has failed or refused to perform or is otherwise in breach of any obligation or provision under this Agreement or the Contract Document, may give written notice of default to the defaulting party in the manner specified for the giving of notices herein. Termination of this Agreement by either party for any reason shall have no effect upon the rights or duties accruing to the parties prior to termination.

  • Duration Termination and Default Section VIII. Duration, Termination, and Default subsection A. Duration 1. is hereby deleted in its entirety and replaced with the paragraph below “This Agreement begins on the Effective Date and continues until February 23, 2021, unless sooner terminated or extended in accordance with the terms of this Agreement. This Agreement will automatically renew for an additional three (3) year term unless, no later than July 23, 2020, one Party gives the other Party written notice of non-renewal. The initial term and any renewal term of this Agreement are referred collectively as the “Term”.”

  • Default Termination a. In the event that the Property has been sold contrary to or any person bids in contravention of the provisions in Clause 4 above, then such sale shall be cancelled and become null and void and of no further effect wherein all monies paid by the Purchaser hitherto including the Deposit shall be forfeited absolutely and immediately.

  • Termination by Default If the Bank is in default (as defined in Section 3(x)(1) of the Federal Deposit Insurance Act (12 U.S.C. Section 1813(x)(1)), all obligations under this Agreement shall terminate as of the date of default, but any vested rights of the Executive shall not be affected.

  • Early Termination and Breach of Agreement (a) The Corporation may terminate this Agreement with respect to all of the Units held (or previously held and Exchanged) by all Members at any time by paying to the Members the Early Termination Payment; provided, however, that this Agreement shall only terminate upon the receipt of the Early Termination Payment by all Members, and provided, further, that the Corporation may withdraw any notice to execute its termination rights under this Section 4.01(a) prior to the time at which any Early Termination Payment has been paid. Upon payment of the Early Termination Payments by the Corporation, neither the Members nor the Corporation shall have any further payment obligations under this Agreement, other than for any (a) Tax Benefit Payment agreed to by the Corporation and the Member as due and payable but unpaid as of the Early Termination Notice and (b) Tax Benefit Payment due for the Taxable Year ending with or including the date of the Early Termination Notice (except to the extent that the amount described in clause (b) is included in the Early Termination Payment). For the avoidance of doubt, if an Exchange occurs after the Corporation makes the Early Termination Payments with respect to all Members, the Corporation shall have no obligations under this Agreement with respect to such Exchange, and its only obligations under this Agreement in such case shall be its obligations to all Members under Section 4.03(a).

  • Early Termination of Agreement (a) The City and the Contractor, by mutual written agreement, may terminate this Agreement at any time.

  • Early Termination In the absence of any material breach of this Agreement, should the Trust elect to terminate this Agreement prior to the end of the term, the Trust agrees to pay the following fees:

  • Early Termination by Borrower Borrower has the option, at any time upon 90 days prior written notice to Lender, to terminate this Agreement by paying to Lender, in cash, the Obligations (including (a) either (i) providing cash collateral to be held by Lender in an amount equal to 105% of the Letter of Credit Usage, or (ii) causing the original Letters of Credit to be returned to Lender, and (b) providing cash collateral (in an amount determined by Lender as sufficient to satisfy the reasonably estimated credit exposure) to be held by Lender for the benefit of the Bank Product Providers with respect to the Bank Product Obligations), in full, together with the Applicable Prepayment Premium. If Borrower has sent a notice of termination pursuant to the provisions of this Section, then Lender's obligations to extend credit hereunder shall terminate and Borrower shall be obligated to repay the Obligations (including (a) either (i) providing cash collateral to be held by Lender in an amount equal to 105% of the Letter of Credit Usage, or (ii) causing the original Letters of Credit to be returned to Lender, and (b) providing cash collateral (in an amount determined by Lender as sufficient to satisfy the reasonably estimated credit exposure) to be held by Lender for the benefit of the Bank Product Providers with respect to the Bank Product Obligations), in full, together with the Applicable Prepayment Premium, on the date set forth as the date of termination of this Agreement in such notice. In the event of the termination of this Agreement and repayment of the Obligations at any time prior to the Maturity Date, for any other reason, including (a) termination upon the election of Lender to terminate after the occurrence and during the continuation of an Event of Default, (b) foreclosure and sale of Collateral, (c) sale of the Collateral in any Insolvency Proceeding, or (d) restructure, reorganization, or compromise of the Obligations by the confirmation of a plan of reorganization or any other plan of compromise, restructure, or arrangement in any Insolvency Proceeding, then, in view of the impracticability and extreme difficulty of ascertaining the actual amount of damages to Lender or profits lost by Lender as a result of such early termination, and by mutual agreement of the parties as to a reasonable estimation and calculation of the lost profits or damages of Lender, Borrower shall pay the Applicable Prepayment Premium to Lender, measured as of the date of such termination.

  • Automatic Early Termination provision of Section 6(a) will not apply to Party A and will not apply to Party B.

  • Early Termination Fee After this contract goes into effect, if you terminate this contract for any reason, or switch your service to a different electricity generation supplier or default service supplier prior to the end of the contract term, you will be responsible for paying XOOM Energy an early termination fee in the amount of $500. This Early Termination Fee is intended not as a penalty, but simply to offset the cost of selling the unused portion of your electric power to others and estimated lost revenue that XOOM may incur from such a sale, if any, and related expenses.

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