TERMINATING Sample Clauses

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TERMINATING. 32.1. Either party may terminate this Agreement for convenience and without cause upon 30 (thirty) days’ prior written notice to the other party.
TERMINATING. ARTICLE X
TERMINATING. (a) Subject to the time frames set forth in Section 12.1, if Permittee (i) fails to make any payment due within the time frame specified or otherwise comply with any material term or condition of this Agreement; or (ii) fails to obtain or maintain the appropriate CPCN from the CPUC; or (iii) installs or maintains any Attachments to Company Facilities used in connection as a CMRS provider (iv) fails to take reasonable steps to resolve any issue arising under Section 3.3 of this Agreement; (v) fails to maintain the insurance and bond requirements in compliance with Articles VI and XI of this Agreement; or (vi) fails to comply with the material requirements of this Agreement, the Company, at its sole discretion, upon thirty (30) days written notice to Permittee (or such shorter period of time as may be determined by the Company in order to comply with a notice from a Granting Authority or under law, if applicable), may terminate this Agreement without further liability any permission granted to Permittee as to all or any portion of those facilities which are the subjects of (i) through (vi) above, and Permittee shall immediately relinquish use of the Company Facilities and remove its Attachments from the Company Facilities in accordance with this Agreement prior to the effective date of termination. Notwithstanding the above, if within the period described above, Permittee obtains an order from a court or regulatory agency with jurisdiction over the challenge, dispute or claim against the Company’s authority to grant this license, which order allows Permittee to remain attached to the Company Facilities, Permittee shall be allowed to remain on or in the Company Facilities under the term of that order, until a final decision or judgment is made at the highest level desired by Permittee. In the event of such contest, Permittee shall indemnify and hold the Company harmless from any expense, legal action, or cost, including reasonable attorneys’ fees, resulting from the exercise of Permittee’s right to contest the actions of a Granting Authority under this Section 10.1. (b) This Agreement shall also terminate in whole or in part, upon the happening of any of the following events: (1) at the option of either Party, upon the termination or abandonment by Permittee of the use of all of the Permittee’s Attachments. If less than all of Permittee’s attachments are abandoned or terminated, the Company shall have the option of terminating its permission under this Agreem...
TERMINATING. Employees who have qualified for two three four five or six (6) weeks vacation and who sever or have severed their employment after they have become qualified for two three four five or six (6) weeks vacation as the case may be shall receive, at the date of the severance or as soon as reasonably possible thereafter, vacation pay computed at the rate of four per six per eight per ten per and twelve per (12%) respectively of their earnings since the termination of their last computed vacation pay. The choice of vacation periods shall be by seniority and the Company guarantees that all employees wishing to take their vacation during the months of June, July, August, September and October shall be allowed to do so. It shall not be mandatory, however, for employees to take vacations during this period. Employees choosing their vacation periods in other than the summer vacation periods shall be allowed to do so in accordance with their seniority. The Company will have each employee come into the Manager’s office in order of seniority to sign for the time he or she would like for his or her vacation. The final vacation schedule shall be posted by the Company not later than April of each year. Summer vacation period shall be June, July, August, September and October, inclusive.
TERMINATING. In the event that either party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. LEA shall have the right to terminate the DPA and Service Agreement in the event of a material breach of the terms of this DPA.
TERMINATING. Only MPCA’s designated staff has the authority to suspend or release a Member from service for disciplinary reasons. Site supervisors must actively work with the MPCA to address performance issues before termination is considered.
TERMINATING. At the end of the period, the contract may be terminated.
TERMINATING. When a call terminates to an ULS Port, Pac-West will pay Unbundled Local Switching - Terminating (USL-T) rates. USL-T rate elements include a charge for Setup per Call and a charge per MOU.
TERMINATING. We agree that the Collaborative Process will terminate when either of us: (a) gives written notice to the other that the Process is ended; (b) begins a court proceeding related to the Matter without the agreement of the other; (c) in a pending proceeding related to the Matter, initiates a pleading, motion, order to show cause, or request for a conference with the court, or requests that the proceeding be put on the court’s active calendar, or takes similar action requiring notice to be sent to the parties; (d) except as otherwise provided in Section 1.4, discharges their Collaborative Process lawyer. We further agree that, except as otherwise provided in Section 1.4, the Process will also terminate when a Collaborative Process lawyer withdraws from further representation of a party or when the Process no longer meets the Act’s definition of a Collaborative Process matter. We acknowledge that either of us may terminate a Collaborative Process with or without cause. A Collaborative Process does not conclude if, with our written consent, either or both of us requests a court to approve a resolution of the Collaborative Process Matter or any part thereof as evidenced by a signed record.

Related to TERMINATING

  • Termination by the State The State or commissioner of Administration may cancel this Professional and Technical Services Master Contract and any Work Authorizations at any time, with or without cause, upon 30 days’ written notice to the Contractor. Upon termination, the Contractor will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed.

  • 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 the Executive’s employment for Good Reason as provided in Section 3(e), then the Company shall pay the Executive the Accrued Benefit. In addition, subject to the Executive signing a separation agreement in substantially the form attached hereto as Exhibit A (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 but in no event more than 60 days after the Date of Termination: (i) the Company shall pay the Executive an amount equal to nine months of the Executive’s Base Salary (the “Severance Amount”). Notwithstanding the foregoing, if the Executive breaches any of the provisions contained in the Restrictive Covenants Agreement, all payments of the Severance Amount shall immediately cease; and (ii) if the Executive properly elects to receive benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), nine months of COBRA premiums for the Executive and the Executive’s eligible dependents at the Company’s normal rate of contribution for employees for the Executive’s coverage at the level in effect immediately prior to the Date of Termination; provided, however, if the Company determines that it cannot pay such amounts without potentially violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), provided that the Executive is enrolled in the Company’s health care programs immediately prior to the Date of Termination, the Company will in lieu thereof provide to the Executive a taxable monthly payment in an amount equal to the portion of the COBRA premiums for the Executive and the Executive’s eligible dependents to continue the Executive’s group health coverage in effect on the Date of Termination at the Company’s normal rate of contribution for employee coverage at the level in effect immediately prior to the Date of Termination for a period of nine months. For the avoidance of doubt, the taxable payments described above may be used for any purpose, including, but not limited to, continuation coverage under COBRA; and (iii) the amounts payable under Section 4(b)(i) and (ii), to the extent taxable, shall be paid out in substantially equal installments in accordance with the Company’s payroll practice over nine months commencing on the first payroll date following the effective date of the Separation Agreement and Release and, in any case, within 60 days after the Date of Termination; provided, however, that if the 60-day period begins in one calendar year and ends in a second calendar year, the Severance Amount to the extent it qualifies as “non-qualified deferred compensation” within the meaning of Section 409A of the Code, shall begin to be paid no earlier than the first Company payroll date in the second calendar year and, in any case, by the last day of such 60-day period; provided, further, that the initial payment shall include a catch-up payment to cover amounts retroactive to the day immediately following the Date of Termination. Each payment pursuant to this Agreement is intended to constitute a separate payment for purposes of Treasury Regulation Section 1.409A-2(b)(2).

  • Termination for Cause by the Company The Company may terminate your employment hereunder for “Cause” at any time after providing a written notice of termination for Cause to you. For purposes of this Agreement, you shall be treated as having been terminated for Cause if and only if you are terminated as a result of the occurrence of one or more of the following events: (i) any willful and wrongful conduct or omission by you that demonstrably and materially injures the Company or its affiliates; (ii) any act by you of fraud, dishonesty, gross negligence, or intentional misrepresentation or embezzlement, misappropriation or conversion of assets of the Company or any affiliate; (iii) you being convicted of, confessing to, pleading nolo contendere to, or becoming the subject of proceedings that provide a reasonable basis for the Company to believe that you have engaged in a felony or any crime involving dishonesty or moral turpitude; (iv) your willful and material violation of any written policies or procedures of the Company, including but not limited to the Company’s code of business conduct, code of ethics and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ policy; (v) your willful and continuous failure to substantially perform your duties or responsibilities hereunder (other than as a result of physical or mental illness), including, but not limited to: (A) significant and/or repeated gross underperformance of the overall area of aggregate responsibilities then under your supervision; or (B) the failure to follow the lawful directions of the Company’s Chief Executive Officer, or if you do not report directly to the Chief Executive Officer, of your supervising officer, in a manner consistent with this Agreement; or (vi) your material, and intentional or willful, violation of any restrictive covenant provided for under this Agreement or any other agreement with the Company to which you are a party. For purposes of this Agreement an act or failure to act shall be considered “willful” only if done or omitted to be done without your good faith reasonable belief that such act or failure to act was in the best interests of the Company. Notwithstanding the foregoing, you shall not be treated as having been terminated as a result of an event described in subsection (i), (iv), (v) or (vi) unless the Company notifies you in writing of the event not more than ninety (90) days after the Company knows, or with the exercise of reasonable diligence would have known, of the occurrence of such event, and you fail within thirty (30) days after receipt of such notice to cure such event to the Company’s reasonable satisfaction; provided, however, that in no event shall the Company’s failure to notify you of the occurrence of any event constituting Cause, or to terminate you as a result of such event, be construed as a consent to the occurrence of future events, whether or not similar to the initial occurrence, or a waiver of the Company’s right to terminate you for Cause as a result thereof.

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • Termination by the Company with Cause The Company shall have the right at any time to terminate the Executive's employment hereunder without prior notice upon the occurrence of any of the following (any such termination being referred to as a termination for "Cause"): (i) the commission by the Executive of any deliberate and premeditated act taken by the Executive in bad faith against the interests of the Company; (ii) the Executive has been convicted of, or pleads NOLO CONTENDERE with respect to, any felony, or of any lesser crime or offense having as its predicate element fraud, dishonesty or misappropriation of the property of the Company; (iii) the habitual drug addiction or intoxication of the Executive which negatively impacts his job performance or the Executive's failure of a Company-required drug test; (iv) the willful failure or refusal of the Executive to perform his duties as set forth herein or the willful failure or refusal to follow the direction of the CEO or the Board, provided such failure or refusal continues after thirty (30) days of the receipt of notice in writing from the CEO or the Board of such failure or refusal, which notice refers to this Section 4(a) and indicates the Company's intention to terminate the Executive's employment hereunder if such failure or refusal is not remedied within such thirty (30) day period; or (v) the Executive breaches any of the terms of this Agreement or any other agreement between the Executive and the Company which breach is not cured within thirty (30) days subsequent to notice from the Company to the Executive of such breach, which notice refers to this Section 4(a) and indicates the Company's intention to terminate the Executive's employment hereunder if such breach is not cured within such thirty (30) day period. If the definition of termination for "Cause" set forth above conflicts with such definition in the Executive's time-based or performance- based stock option agreements (collectively, the "Stock Option Agreements") or any agreements referred to therein, the definition set forth herein shall control.