Common use of Procedure Upon Termination Clause in Contracts

Procedure Upon Termination. In the event of the termination and abandonment of this Agreement, written notice thereof shall promptly be given to the other parties hereto and this Agreement shall terminate and the transactions contemplated hereby shall be abandoned without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof.

Procedure Upon Termination. In the event of the termination of this Agreement and the abandonment of this Agreementthe transactions contemplated hereby, written notice thereof shall promptly be given by a terminating party to the other parties hereto parties, and this Agreement shall terminate and the transactions contemplated hereby shall be abandoned without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereofparties.

Procedure Upon Termination. In the event of the termination and abandonment of this Agreement, written notice thereof shall promptly be given to the other parties party hereto and this Agreement shall terminate and the transactions contemplated hereby shall be abandoned without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional breach hereof and, provided, further, that Buyer shall promptly deliver to Seller all documents, work paper and other materials of Seller and the Company related to the transactions contemplated hereby, whether or knowing breach of any provision not obtained before or after the execution hereof.

Procedure Upon Termination. In the event of the termination and abandonment of this Agreement, written notice thereof shall promptly be given to the other parties party hereto and this Agreement shall terminate terminate, all further obligations of the parties hereunder to satisfy the conditions precedent to the Closing shall terminate, and the transactions contemplated hereby shall be abandoned without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof.

Procedure Upon Termination. In the event of the termination and abandonment of this Agreement, written notice thereof shall promptly be given to the other parties hereto and this Agreement shall terminate and the transactions contemplated hereby shall be abandoned without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof.

Procedure Upon Termination. In the event of the termination and abandonment of this Agreement, written notice thereof shall promptly be given to the other parties party hereto and this Agreement shall terminate and the transactions contemplated hereby shall be abandoned without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof.

Procedure Upon Termination. In the event of the termination and abandonment of this Agreementunder Section 12.01, written notice Notice thereof shall promptly forthwith be given to the other parties hereto and this Agreement shall terminate party, and the transactions contemplated hereby by this Agreement shall be abandoned terminated and abandoned, without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof.. If the transactions contemplated by this Agreement are terminated and/or abandoned as provided herein:

Procedure Upon Termination. In the event of the termination and abandonment of this Agreement, written notice thereof shall will promptly be given to the other parties hereto and this Agreement shall will terminate and the transactions contemplated hereby (except as provided in Section 9.2) shall be abandoned without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof.

Procedure Upon Termination. In the event of the termination and abandonment of this Agreementtermination, written notice thereof shall promptly forthwith be given to the other parties hereto Party or Parties, and this Agreement shall terminate upon arrival of such notice to the other Party or Parties, and the transactions contemplated hereby purchase of the Equity Interests hereunder shall be abandoned abandoned, without further action by any of Purchaser, the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional Company or knowing breach of any provision hereofSellers.

Procedure Upon Termination. In the event of the termination and abandonment of this Agreement, written notice thereof specifying in sufficient detail the basis for such termination (including, in respect of any termination pursuant to clause (iv) or (v) of Section 8.1(a), reasonably sufficient detail of the breaches of representation, warranty or covenant) shall promptly be given to the other parties party hereto and this Agreement shall terminate and the transactions contemplated hereby shall be abandoned without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof.

Procedure Upon Termination. In the event of the termination and abandonment of this Agreementby Capstead or Fortress pursuant to Section 7.01 hereof, written notice thereof shall promptly be given to the other parties hereto and this Agreement shall terminate and the transactions contemplated hereby by this Agreement shall be abandoned terminated, without further action by any of party. If the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof.transactions contemplated by this Agreement are terminated as provided herein:

Procedure Upon Termination. In the event of the termination and abandonment of this Agreement, written notice thereof shall promptly be given to the other parties hereto and this Agreement shall terminate and the transactions contemplated hereby shall be abandoned without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof.

Procedure Upon Termination. In the event of the termination and abandonment of this Agreementunder Section 12.01 hereof, written notice thereof shall promptly forthwith be given to the other parties hereto and this Agreement shall terminate Party and the transactions contemplated hereby by this Agreement shall be abandoned terminated and abandoned, without further action by any of the parties Parties hereto; provided, subject, however, that nothing herein shall relieve to any party from liability for any intentional or knowing breach of any provision hereof.applicable cure periods. If the transactions contemplated by this Agreement are terminated and/or abandoned as provided herein:

Procedure Upon Termination. (i) In the event of the termination and abandonment of this Agreement, written notice thereof shall promptly be given to the other parties hereto and this Agreement shall terminate and the transactions contemplated hereby shall be abandoned without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof., except as otherwise provided in Sections 9.1(b)(ii) and 9.1(b)(iii). 106

Procedure Upon Termination. (a) In the event of the termination and abandonment of this Agreementpursuant to Section 7.2(a), (b) or (c), written notice thereof shall promptly forthwith be given to the other parties hereto and this Agreement shall terminate and the transactions contemplated hereby shall be abandoned without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof.

Procedure Upon Termination. (i) In the event of the termination and abandonment of this Agreement, written notice thereof shall promptly be given to the other parties hereto and this Agreement shall terminate and the transactions contemplated hereby shall be abandoned without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof, except as otherwise provided in Sections 9.1(b)(ii) and 9.1(b)(iii).

Procedure Upon Termination. In the event of the termination and abandonment of this Agreement, written notice thereof shall will promptly be given to the other parties hereto and this Agreement shall will terminate and the transactions contemplated hereby shall will be abandoned without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof.

Procedure Upon Termination. In the event of the termination and abandonment of this AgreementAgreement by a party hereto, written notice thereof shall promptly be given to the other parties hereto and this Agreement shall terminate and the transactions contemplated hereby shall be abandoned without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof.

Procedure Upon Termination. In the event of the termination and abandonment of this Agreement, written notice thereof shall promptly be given to the other parties party hereto and this Agreement shall terminate and the transactions contemplated hereby shall be abandoned without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof.. (c)

Procedure Upon Termination. In the event of the termination and abandonment of this AgreementAgreement by the Securityholder Representative or the Purchaser, or both, pursuant to Section 2.3 hereof, written notice thereof shall promptly forthwith be given to the other parties hereto Party or Parties, and this Agreement shall terminate terminate, and the transactions contemplated hereby Transactions shall be abandoned abandoned, without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof.Party. 2.5

Procedure Upon Termination. In the event of the termination and abandonment of this AgreementAgreement with respect to one or more of the parties hereto, written notice thereof shall promptly be given to the other party or parties hereto and this Agreement shall terminate and the transactions contemplated hereby shall be abandoned with only respect to the parties subject to such termination without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof.

Procedure Upon Termination. In the event of the termination of this Agreement and the abandonment of this Agreementthe transactions contemplated hereby, written notice thereof shall promptly be given by a terminating party to the other parties hereto party, and this Agreement shall terminate and the transactions contemplated hereby shall be abandoned without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereofparties.

Procedure Upon Termination. In Subject to the provisions of Section 8.2 above, in the event of the termination and abandonment of this Agreement, written notice thereof shall promptly be given by the terminating parties to the other parties hereto and this Agreement shall terminate and the transactions contemplated hereby shall be abandoned without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof.

Procedure Upon Termination. In the event of the termination and abandonment of this Agreement, written notice thereof shall promptly be given to the other parties hereto and this Agreement shall terminate terminate, all further obligations of the parties hereunder to satisfy the conditions precedent to the Closing shall terminate, and the transactions contemplated hereby shall be abandoned without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof.

Procedure Upon Termination. In the event of the termination and abandonment of this Agreementunder Section 12.01 hereof, written notice thereof shall promptly forthwith be given to the other parties hereto and this Agreement shall terminate Party and the transactions contemplated hereby by this Agreement shall be abandoned terminated and abandoned, without further action by any of the parties Parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof.. If the transactions contemplated by this Agreement are terminated and/or abandoned as provided herein:

Procedure Upon Termination. In the event of the termination and abandonment pursuant to Termination of this Agreement, written notice thereof shall promptly be immediately given to the other parties hereto and this Agreement shall terminate Parties and the transactions contemplated hereby by this Agreement shall be abandoned terminated, without any further action by any of Party. If the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof.transactions contemplated by this Agreement are terminated as provided herein:

Procedure Upon Termination. In the event of the termination and abandonment of pursuant to this AgreementArticle 12, written notice thereof shall promptly forthwith be given to the other parties hereto and this Agreement shall terminate party and the transactions contemplated hereby by this Agreement shall be abandoned terminated and/or abandoned, without further action by any of party. If the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereof.transactions contemplated by this Agreement are terminated and/or abandoned as provided herein:

Procedure Upon Termination. In the event of the termination and abandonment of this AgreementAgreement by the Unitholder Representative or Purchaser, or both, pursuant to Section 2.3 hereof, written notice thereof shall promptly forthwith be given to the other parties hereto Party or Parties, and this Agreement shall terminate terminate, and the transactions contemplated hereby Transaction shall be abandoned abandoned, without further action by any of the parties hereto; provided, however, that nothing herein shall relieve any party from liability for any intentional or knowing breach of any provision hereofParty.