Common use of Right to Terminate Agreement Clause in Contracts

Right to Terminate Agreement. 14.1. In addition to any other remedy of Buyer under law or provided under this Agreement, Buyer shall have the right at its election to terminate this Agreement upon twenty (20) Days written notice to Seller if Seller for any reason other than: (i) Force Majeure, (ii) Buyer's failure to take, or (iii) failure by Buyer to pay any Undisputed Amounts, fails, over a period of at least sixty (60) Days, to deliver an average of ninety percent (90%) of the agreed quantity, and provided further, that such failure occurred not more than one hundred forty (140) Days immediately preceding the giving of such notice of termination. Seller shall have twenty (20) Days after receipt of such cancellation notice to cure any failure, in which case Buyer's cancellation is null and void, and this Agreement shall remain in full force and effect.

Appears in 3 contracts

Samples: Consent and Agreement (Midland Cogeneration Venture Limited Partnership), Consent and Agreement (Midland Cogeneration Venture Limited Partnership), Consent and Agreement (Midland Cogeneration Venture Limited Partnership)

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Right to Terminate Agreement. 14.1. In addition to any other remedy of Buyer under law or provided under this Agreement, Buyer shall have the right at its election to terminate this Agreement upon twenty (20) Days written notice to Seller if Seller for any reason other than: (i) Force MajeureMajeure with a duration of less than sixty (60) days, (ii) Buyer's failure to take, or (iii) failure by Buyer to pay any Undisputed Amounts, fails, over a period of at least sixty (60) Days, to deliver an average of ninety percent (90%) of the agreed quantity, and provided further, that such failure occurred not more than one hundred forty (140) Days immediately preceding the giving of such notice of termination. Seller shall have twenty (20) Days after receipt of such cancellation notice to cure any failure, in which case Buyer's cancellation is null and void, and this Agreement shall remain in full force and effect.

Appears in 1 contract

Samples: Consent and Agreement (Midland Cogeneration Venture Limited Partnership)

Right to Terminate Agreement. 14.1. In (A)In addition to any other remedy of Buyer under law or provided under this Agreement, Buyer shall have the right at its election to terminate this Agreement upon twenty (20) Days days written notice to Seller if Seller Seller, for any reason reason, other than: than (i) Force Majeureforce majeure, (ii) Buyer's failure to take, or (iii) a failure by Buyer to pay any Undisputed Amounts, fails, over a period of at least sixty (60) Daysdays, to deliver an average of ninety percent (90%) of the agreed quantity, quantity and provided further, further that such failure occurred not more than one hundred forty (140) Days days immediately preceding the giving of such notice of termination. Seller shall have twenty (20) Days days after receipt of such cancellation notice to cure any failure, failure in which case Buyer's cancellation is null and void, void and this Agreement shall remain in full force and effect.

Appears in 1 contract

Samples: Consent and Agreement (Midland Cogeneration Venture Limited Partnership)

Right to Terminate Agreement. 14.1. (A) In addition to any other remedy of Buyer under law or provided under this Agreement, Buyer shall have the right at its election to terminate this Agreement upon twenty (20) Days days written notice to Seller if Seller Seller, for any reason reason, other than: than (i) Force Majeureforce majeure, (ii) Buyer's failure to take, or (iii) a failure by Buyer to pay any Undisputed Amounts, fails, over a period of at least sixty (60) Daysdays, to deliver an average of ninety percent (90%) of the agreed quantity, quantity and provided further, further that such failure occurred not more than one hundred forty (140) Days days immediately preceding the giving of such notice of termination. Seller shall have twenty (20) Days days after receipt of such cancellation notice to cure any failure, failure in which case Buyer's cancellation is null and void, void and this Agreement shall remain in full force and effect.

Appears in 1 contract

Samples: Consent and Agreement (Midland Cogeneration Venture Limited Partnership)

Right to Terminate Agreement. 14.1. In addition to any other remedy of Buyer under law or provided under this Agreement, Buyer shall have the right at its election to terminate this Agreement upon twenty (20) Days written notice to Seller if Seller for any reason other than: (i) Force Majeure, (ii) Buyer's failure to take, or (iii) failure by Buyer to pay any Undisputed Amounts, fails, over a period of at least sixty (60) consecutive Days, to deliver an average of ninety percent (90%) of the agreed quantity, and provided further, that such failure occurred not more than one hundred forty (140) Days immediately preceding the giving of such notice of termination. Seller shall have twenty (20) Days after receipt of such cancellation notice to cure any failurefailure by restoring deliveries of 100% of the agreed quantity on a daily basis thereafter, in which case Buyer's cancellation is null and void, and this Agreement shall remain in full force and effect.

Appears in 1 contract

Samples: Consent and Agreement (Midland Cogeneration Venture Limited Partnership)

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Right to Terminate Agreement. 14.1. In addition to any other remedy of Buyer under law or provided under this Agreement, Buyer shall have the right at its election to terminate this Agreement upon twenty (20) Days written notice to Seller if Seller for any reason other than: (i) Force Majeure, (ii) Buyer's failure to take, or (iii) failure by Buyer to pay any Undisputed Amounts, fails, over a period of at least sixty (60) consecutive Days, to deliver an average of ninety percent (90%) of the agreed quantity, and provided further, that such failure occurred not more than one hundred forty (140) Days immediately preceding the giving of such notice of termination. Seller shall have twenty (20) Days after receipt of such cancellation notice to cure any failure, in which case Buyer's cancellation is null and void, and this Agreement shall remain in full force and effect.

Appears in 1 contract

Samples: Consent and Agreement (Midland Cogeneration Venture Limited Partnership)

Right to Terminate Agreement. 14.1. In addition to any other remedy of Buyer under law or provided under this Agreement, Buyer shall have the right at its election to terminate this Agreement upon twenty (20) Days written notice to Seller if Seller for any reason other than: (i) Force MajeureMajeure with a duration of less than six (6) months, (ii) Buyer's failure to take, or (iii) failure by Buyer to pay any Undisputed Amounts, fails, over a period of at least sixty (60) Days, to deliver an average of ninety percent (90%) of the agreed quantity, and provided further, that such failure occurred not more than one hundred forty (140) Days immediately preceding the giving of such notice of termination. Seller shall have twenty (20) Days after receipt of such cancellation notice to cure any failure, in which case Buyer's cancellation is null and void, and this Agreement shall remain in full force and effect.

Appears in 1 contract

Samples: Consent and Agreement (Midland Cogeneration Venture Limited Partnership)

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