Terminated Sample Clauses

Terminated. 3.02 A part-time employee changing to the status of a full-time employee shall retain his corporate service and seniority. Upon entering into a full-time employee status, he shall suffer no loss of wage rate and will then progress in seniority and wage rate increases in the same manner as other employees covered by this Agreement.
Terminated. (4) The Rental and Maintenance Payments will be linked to the Index as detailed below, and shall be referred to as "the Rental Payments". In this Contract the following terms shall have the following meaning: The "Index" – the consumer price index including the index of fruits and vegetables, as shall be published by the Central Bureau of Statistics or any other substitute official institute. The "Basic Index" – the Index of November 2012 as published on 15/12/2012. The "New Index" – the Index known on the day of payment. Calculation of the Rental and Maintenance Payments as linked to the Index shall be made as follows: To the Rental and Maintenance Payments will be added linkage differentials at the rate of the Index changes (increase or decrease) on the actual payment date, as compared to the Basic Index, but in any event not less than the Basic Index. The linkage differentials shall be paid along with the Rental and Maintenance Payments and shall be an integral part thereof. It is agreed that in case the New Index shall decrease below the Basic Index, the Landlord shall be paid Rental and Maintenance Payments in the amount that was paid for the last month (including the linkage differentials) before the day on which each of the payments of the Rental and Maintenance payments shall be made. Nonpayment of the linkage differentials on their due date shall be deemed as nonpayment of the Rental and Maintenance Payments on their due date. The settlement between the parties in respect of the linkage differentials shall be made on the actual payment date of the Rental and Maintenance Payments. This document constitutes a translation from Hebrew for convenience purpose only.
Terminated. The status designation of Terminated may be imposed based on the PEC’s failure to adhere to New Construction Initiative policies and procedures as outlined in this Terms and Conditions Agreement or other applicable NYSERDA documents. Additionally, a PEC which voluntarily decides to end participation in NCP will be placed in Terminated status. A PEC may be assigned to the Terminated PEC status for any reason deemed sufficient by NYSERDA, including, but not limited to the following: • PEC repeatedly fails to meet submission or report extension request deadlines and guidelines. • PEC consistently submits inaccurate or deficient work products. • PEC fails to address issues identified during QA/QC review. • Non-Compliance with Initiative Requirements, Policies and Procedures, as outlined in this Agreement, in relevant Program Opportunity Notice(s), and by official Announcements. • PEC repeatedly submits incomplete project Applications, where applicable. • Building Performance Plans, Modeling Reports, Technical Reports, or other submittals are consistently deficient due to: o Failure to adhere to Initiative requirements; or, o Failure to adhere to Simulation Guidelines or generally accepted energy analysis practice; or, o Generally being of such poor quality that technical review is not considered possible. • PEC repeatedly fails to comply with invoicing or inspection documentation requirements, due to misrepresentation of progress, or installations not meeting Initiative prerequisites or other requirements. • The PEC has submitted false or fraudulent documentation at any time, during any phase of participation in the Initiative. • The PEC has misrepresented the Initiative, their relationship to NYSERDA, or information about the Initiative, to potential or existing project owners or other stakeholders. • The PEC misrepresents a project to NYSERDA or its Designee. • NYSERDA receives legitimate and serious complaint(s) about the PEC from current or prospective project owners or stakeholders. If the PEC is assigned the status of ‘Terminated’, the PEC forfeits eligibility to submit applications for, or accept assignments for, new projects. NYSERDA has sole discretion in determining whether to terminate the PEC. Terminated PECs are ineligible for all New Construction Initiative incentives. The Terminated PEC may be prohibited from completing work in progress, as determined by NYSERDA. The Terminated PEC must immediately remove any New Construction Initiative refere...
Terminated. Should an employee terminate with less than two (2) weeks notice of termination, the vacation pay requirements of the Employment Standards Act will apply.
Terminated. If the Partner is assigned the status of ‘Terminated’, the Partner forfeits eligibility to submit applications for new projects. NYSERDA has sole discretion in determining whether to terminate the Partner. Grounds for Partner Termination shall include, but are not limited to: • The Partner is on Probation status and has been either unresponsive to, or failed to adequately fulfill, the terms of its Probation. • The Partner has failed to adhere to Program requirements, policies and procedures as outlined in this Agreement, PON 2309, PON 3319, or Program announcements. • The Partner has submitted false or fraudulent documentation at any time, during any phase of participation in the Program. • The Partner has misrepresented the Programs, their relationship to the Programs, or information about the Programs, to potential or existing project Applicants or other stakeholders. • The Partner misrepresents a project to NYSERDA or Implementation Contractor staff. • NYSERDA receives legitimate and serious complaint(s) about the Partner from current or prospective Program Applicants or stakeholders. Terminated Partners are ineligible for all Residential and Multifamily New Construction Programs incentives. The Terminated Partner may be prohibited from completing program-work in progress, as determined by NYSERDA. The Terminated Partner must immediately remove any Program references from any of their company’s materials, inclusive of all marketing or advertising. The names of Terminated Partners will not be displayed on the NYSERDA website’s Resource Locator Map.
Terminated. Nothing contained herein shall be construed to waive any claim which the Facility Lessee might have under any of the Operative Documents or otherwise or to limit the right of the Facility Lessee to make any claim it might have against the Owner Lessor or any other Person or to pursue such claim in such manner as the Facility Lessee shall deem appropriate.

Related to Terminated

  • Termination This Agreement may be terminated at any time prior to the Closing:

  • For Cause Termination If Executive’s employment with the Company is terminated by the Company for Cause, Executive shall not be entitled to any further compensation or benefits other than: (i) any accrued but unpaid Base Salary; (ii) any accrued but unused paid time off, (iii) reimbursement for any business expenses properly incurred by Executive prior to the date of termination in accordance with Section 4(b) hereof; and (iv) vested benefits, if any, to which Executive may be entitled under the Company’s employee benefit plans as of the date of termination (collectively, the “Accrued Benefits”). The Accrued Benefits shall in all events be payable on the Company’s first regularly scheduled payroll date which occurs at least ten (10) days after the date of termination (other than Base Salary, which shall be payable as provided in Section 3(a) hereof).

  • Termination Without Cause This Agreement shall terminate upon: (i) the later of (a) the distribution of the final payment or liquidation proceeds on the last Mortgage Loan to the Master Servicer (or advances by the Servicer for the same), and (b) the disposition of all REO Property acquired upon foreclosure of the last Mortgage Loan and the remittance of all funds due hereunder, (ii) mutual consent of the Servicer, the Seller (as owner of the servicing rights relating to the Mortgage Loans), the Trustee and the Master Servicer in writing or (iii) at the sole discretion of the Seller (acting in its capacity as owner of the servicing rights relating to the Mortgage Loans). Any such termination pursuant to clause (iii) above shall be with 30 days’ prior notice, in writing and delivered to the Trustee, the Master Servicer and the Servicer by registered mail to the addresses set forth in Section 9.03 of this Agreement (in the case of the Servicer) or in the Trust Agreement (in the case of the Trustee or the Master Servicer). The Servicer shall comply with the termination procedures set forth in Sections 7.03, 8.01 and 9.01 hereof. The Master Servicer or the Trustee shall have no right to terminate the Servicer pursuant to this Section 8.02. In connection with a termination by the Seller pursuant to clause (iii) of this Section 8.02, the Servicer shall be reimbursed for all unreimbursed out-of-pocket Servicing Advances, Monthly Advances and Servicing Fees and other reasonable and necessary out-of-pocket costs associated with any transfer of servicing at the time of such transfer of servicing. Any invoices received by the Servicer after termination will be forwarded to the Seller or the successor servicer for payment within thirty (30) days of receipt from the Servicer.

  • For Cause For a material breach that remains uncured for more than thirty calendar days or other specified period after written notice to the Contractor, the Contract or Purchase Order may be terminated by the Commissioner or Authorized User respectively, at the Contractor’s expense where Contractor becomes unable or incapable of performing, or meeting any requirements or qualifications set forth in the Contract, or for non-performance, or upon a determination that Contractor is non-responsible. Such termination shall be upon written notice to the Contractor. In such event, the Commissioner or Authorized User may complete the contractual requirements in any manner it may deem advisable and pursue available legal or equitable remedies for breach.

  • Termination by the Employer Without Cause Subject to the payment of Termination Benefits pursuant to Section 6(d), the Executive's employment under this Agreement may be terminated by the Employer without cause upon written notice to the Executive by a two-thirds (2/3) vote of the Board of Directors.

  • Termination by the Company for Cause or by the Executive without Good Reason The Company may terminate the Executive’s employment pursuant to the terms of this Agreement at any time for Cause (as defined below) by giving the Executive written notice of termination. Such termination shall become effective upon the giving of such notice. Upon any such termination for Cause, or in the event the Executive terminates his employment with the Company without Good Reason (as defined in Section 6(c)), then the Executive shall have no right to compensation, or reimbursement under Section 4, or to participate in any Executive benefit programs under Section 5, except as may otherwise be provided for by law, for any period subsequent to the effective date of termination. For purposes of this Agreement, “Cause” shall mean: (i) the Executive is convicted of, or pleads guilty or nolo contendere to, a felony related to the business of the Company; (ii) the Executive, in carrying out his duties hereunder, has acted with gross negligence or intentional misconduct resulting, in any case, in material harm to the Company; (iii) the Executive misappropriates Company funds or otherwise defrauds the Company including a material amount of money or property; (iv) the Executive breaches his fiduciary duty to the Company resulting in material profit to him, directly or indirectly; (v) the Executive materially breaches any agreement with the Company and fails to cure such breach within 10 days of receipt of notice, unless the act is incapable of being cured; (vi) the Executive breaches any provision of Section 8 or Section 9; (vii) the Executive becomes subject to a preliminary or permanent injunction issued by a United States District Court enjoining the Executive from violating any securities law administered or regulated by the SEC; (viii) the Executive becomes subject to a cease and desist order or other order issued by the SEC after an opportunity for a hearing; (ix) the Executive refuses to carry out a resolution adopted by the Company’s Board at a meeting in which the Executive was offered a reasonable opportunity to argue that the resolution should not be adopted; or (x) the Executive abuses alcohol or drugs in a manner that interferes with the successful performance of his duties.

  • Termination With Cause The Master Servicer may, at its sole option, terminate any rights the Primary Servicer may have hereunder with respect to any or all of the Mortgage Loans, as provided in Section 4.01 of this Agreement upon the occurrence of a Primary Servicer Termination Event. Any notice of termination shall be in writing and delivered to the Primary Servicer as provided in Section 6.05 of this Agreement.

  • Termination by the Bank Without Cause The Bank shall have the right to terminate the Term at any time on written notice without Cause, for any or no reason, such termination to be effective on the date on which the Bank gives such notice to Executive or such later date as may be specified in such notice.

  • Termination Without Cause or With Good Reason (i) The Board may immediately terminate Executive’s employment at any time for a reason other than Cause (a termination “Without Cause”), and Executive may, by written notice to the Board, terminate this Agreement at any time within 90 days following an event constituting “Good Reason,” as defined below (a termination “With Good Reason”); provided, however, that the Bank shall have 30 days to cure the “Good Reason” condition, but the Bank may waive its right to cure. Any termination of Executive’s employment, other than termination for Cause, shall have no effect on or prejudice the vested rights of Executive under the Bank’s qualified or non-qualified retirement, pension, savings, thrift, profit-sharing or bonus plans, group life, health (including hospitalization, medical and major medical), dental, accident and long term disability insurance plans or other employee benefit plans or programs, or compensation plans or programs in which Executive was a participant.

  • Termination by the Company Without Cause or by the Executive with Good Reason During the Term, if the Executive’s employment is terminated by the Company without Cause as provided in Section 3(d), or the Executive terminates his employment for Good Reason as provided in Section 3(e), then the Company shall pay the Executive his Accrued Benefit. In addition, subject to the Executive signing a separation agreement containing, among other provisions, a general release of claims in favor of the Company and related persons and entities, confidentiality, return of property and non-disparagement, in a form and manner satisfactory to the Company (the “Separation Agreement and Release”) and the Separation Agreement and Release becoming fully effective, all within the time frame set forth in the Separation Agreement and Release: