Suspension Rights Sample Clauses

Suspension Rights. Without limiting any other rights available to Hitachi under the Master Agreement or applicable law, Hitachi may suspend delivery of all or any part of the XaaS Services without liability if: (i) You are in breach of Your payment obligations under an XaaS Agreement or payment obligations to a Hitachi Partner; (ii) You are otherwise in uncured breach of an XaaS Agreement because of Your conduct or the conduct of Your Personnel or End User; (iii) You or any party on Your behalf commits a Misuse; (iv) You become or threaten to become Insolvent; Žƌ ;ǀͿ ƚŚĞƌĞ ŝƐ Ă ĐŚĂŶŐĞ ŽĨ ĐŽŶƚƌŽů ŝŶ zŽƵ ƚŚĂƚ ŝƐ ŶŽƚ under these Terms or under applicable law, Hitachi will reinstate any suspended XaaS Services following the remediation of the breach. Hitachi has a right to terminate the XaaS Agreement if Hitachi has a right to suspend XaaS Services under this Section. Hitachi will use reasonable commercial endeavors to give You or Your Hitachi Partner (where applicable) notice in advance of a suspension, except where it determines immediate suspension is necessary. You will remain responsible for all fees and charges that You incur during the suspension period, including any further period of use contemplated by these Terms or the XaaS Agreement. However, Hitachi shall not be liable for any Failure in the XaaS Services during any suspension period, irrespective of whether or not any service credits are payable by Hitachi under an XaaS Agreement for service level breaches. Hitachi will not erase Content during a suspension except as otherwise specified in these Terms or the XaaS Agreement.
Suspension Rights. Notwithstanding any other provision of this Agreement, if Parent’s board of directors determines that compliance with its obligations under this Article 2 would be materially detrimental to Parent and its stockholders because such registration would: (A) materially interfere with a significant acquisition, corporate reorganization, financing or other similar transaction involving Parent; (B) require premature disclosure of material non-public information that Parent has a bona fide business purpose for preserving as confidential; or (C) render Parent unable to comply with requirements under the Securities Act or Exchange Act (a “Suspension Event”); then Parent shall have the right to suspend, defer or delay compliance with its obligations under this Article 2, other than its obligations to file a Shelf Registration Statement on or prior to the Required Shelf Filing Deadline in accordance with Section 2.01(a), for a period of not more than ninety (90) days (the “Suspension Period”), provided that such right pursuant to this Section 2.04 may not be utilized more than twice in any 12-month period; provided, however, that Parent shall be required to give written notice to discontinue sales of Registrable Securities pursuant to such Registration Statement (provided that each Holder may settle any then-contracted sales of Registrable Securities, which such notice shall in no event contain any material non-public information regarding Parent) to each Holder whose Registrable Securities are included any such Registration Statement prepared pursuant to this Article 2. Such suspension will continue only for so long as the Suspension Event or its effect is continuing. Each Holder agrees not to effect any sales of its Registrable Securities pursuant to such Registration Statement throughout the Suspension Period following receipt of a suspension notice from Parent until such Holder has received a written notice from Parent to such effect that a Holder may recommence effecting sales of the Registrable Securities pursuant to such Registration Statement (or such filings) (an “End of Suspension Notice”) which such End of Suspension Notice will be given by Parent to the Holders promptly following the conclusion of any Suspension Event (and in any event during the permitted Suspension Period).
Suspension Rights. (a) The Supplier may suspend the provision of ProcurePro (or any part of it) without having any liability to the Customer:
Suspension Rights. The Company shall have the right, which right may be exercised by the Company only twice during any twelve (12) month period, to extend, suspend or delay the effectiveness of the Registration Statement for a period of up to ninety (90) days if, upon advice of counsel to the Company, effectiveness of such Registration Statement would interfere with any then currently active acquisition, financing or similar transaction of the Company by requiring the premature disclosure of any material corporate development or otherwise.
Suspension Rights. If You are in material breach of the Agreement (including by non-payment of our Charges when due) We have the right to suspend performance of any or all of our obligations under the Agreement if You fail to comply with our written notice requiring You to remedy such breach by the date specified in such notice.
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Suspension Rights. (a) If an Event of Default occurs and is continuing, the non-defaulting Party may, by giving five (5) calendar dayswritten notice, suspend its obligation to deliver Sales Volumes hereunder or its obligation to purchase Sales Volumes hereunder, as applicable. While deliveries of Sales Volumes hereunder are suspended pursuant to this Section 7.2, PXP shall have the right, but not the obligation, to sell any undelivered volumes to other purchasers and shall, if PXP is the non-defaulting Party, be entitled to damages from CoP equal to the amount it would have received under the terms of this Agreement for such undelivered volumes less the amount received from other purchasers of the undelivered volumes, plus actual costs and expenses incurred by PXP in arranging sales to other purchasers. While any purchases of Sales Volumes hereunder are suspended pursuant to this Section 7.2, CoP may purchase Sales Volumes from other sellers and shall, if CoP is the non-defaulting Party, be entitled to damages from PXP equal to the amount paid to purchase the Sales Volumes from other sellers less the amount it would have paid for the Sales Volumes under the terms of this Agreement, plus actual costs and expenses incurred by CoP in arranging purchases from other sellers.
Suspension Rights. Notwithstanding the provisions of this Agreement, the Company's obligation to file a Registration Statement, or cause such Registration Statement to become and remain effective, shall be suspended for a period of 90 days in any 12 month period if there exists at the time material non-public information relating to the Company which, in the reasonable opinion of counsel to the Company, should not be disclosed.
Suspension Rights. During the Term of this Agreement, Generator shall have the right to cause Producer and Operator to suspend the use of the Facility, the Facility Land and/or the Licensed Lands if and to the extent necessary to (a) prevent long or short term damage to the Power Plant or any other equipment or facilities of Generator on the Site (other than normal wear and tear that would be caused by the use of Resold Coal as fuel in the Power Plant), (b) prevent long or short term material impairment or a material adverse effect to the Power Plant or any other equipment or facilities of Generator on the Site, (c) prevent the violation of any Law, Governmental Approval, regulation or governmental approval applicable to the Power Plant, or (d) respond to, end or prevent any event or circumstance creating a threat to the safety or security of Persons or property; in the case of each of the foregoing, as determined by Generator acting reasonably. If the Parties cannot agree on any remedial action within five (5) days of any suspension pursuant to this Section 5.6, then the Parties shall engage a third party engineering firm mutually acceptable to both Parties to promptly provide recommendations as to an appropriate remedial action. Producer shall pay the fees and expenses of such third party engineering firm.
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