TERMINATION AND DEFAULTS. Either party (Company or Client) can terminate this Agreement by giving five (5) Business Days written notice. Termination will be without prejudice to Transactions already initiated. In the case of such termination, all pending Transactions on behalf of the Client shall be cancelled and any open positions shall be closed. Upon termination of this Agreement the Company will be entitled, without prior notice to the Client, to cease the access of the Client to the Company’s Trading Platform. The Company may terminate this Agreement immediately without giving five (5) Business Days’ notice in the event of:
TERMINATION AND DEFAULTS a) Calmont may terminate this order in whole or in part at any time by written notice (including facsimile and electronic mail systems) to Seller and such termination shall not constitute default. Calmont and Seller shall have all rights and obligations at law and in equity, including Xxxxxxx’s rights to title and possession of goods paid for. Seller shall be reimbursed for actual, reasonable, substantiated and allowable costs, plus a reasonable profit for work performed to date of termination. Calmont may take immediate possession of all work performed upon notice of termination. Xxxxxx agrees that it will not include in any claim submitted hereunder any direct cost of engineering and/or development or any cost for special tooling unless specifically ordered by Calmont. Seller’s obligations under the warranty and confidentiality provisions of this agreement shall survive such termination.
TERMINATION AND DEFAULTS. Either party (Company or Client) can terminate this Agreement by giving five (5) Business Days written notice. Termination will be without prejudice to Transactions already initiated. In the case of such termination, all pending Transactions on behalf of the Client shall be cancelled and any open positions shall be closed. Upon termination of this Agreement the Company will be entitled, without prior notice to Fullerton Markets International Limited First Floor, First St. Xxxxxxx Bank Ltd Building Xxxxx Street, P.O. Box 1574 Kingstown, VC0100 St. Xxxxxxx and the Grenadines Phone: +00 00 0000 0000 Email: xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Web: xxx.xxxxxxxxxxxxxxxx.xxx the Client, to cease the access of the Client to the Company’s Trading Platform. The Company may terminate this Agreement immediately without giving five (5) Business Days’ notice in the event of:
TERMINATION AND DEFAULTS. This Agreement may be terminated at any time prior to the Closing Date and any exercise of the option to purchase Additional Securities may be cancelled at any time prior to any Option Closing Date by the Underwriters by written notice to the Offerors if any of the following has occurred: (i) since the respective dates as of which information is given in the Registration Statement and the Prospectus, any material adverse change or development involving a prospective material adverse change in the condition, financial or otherwise, of the Company, the Subsidiaries and the Trust, taken as a whole, or the earnings, affairs, management, or business of the Company, the Subsidiaries and the Trust, taken as a whole, whether or not arising in the ordinary course of business, that would, in your sole judgment, make it impracticable to market the Securities on the terms and in the manner contemplated in the Prospectus, (ii) any outbreak or escalation of hostilities or other national or international calamity or crisis or change in economic conditions or in the financial markets of the United States that, in your sole judgment, is material and adverse and would, in your sole judgment, make it impracticable to market the Securities on the terms and in the manner contemplated in the Prospectus, (iii) the suspension or material limitation of trading in securities on AMEX, (iv) the enactment, publication, decree or other promulgation of any federal or state statute, regulation, rule or order of any court or other governmental authority that in your opinion materially and adversely affects, or will materially and adversely affect, the business or operations of the Company, the Subsidiaries and the Trust, taken as a whole, (v) the declaration of a banking moratorium by either federal or Missouri state authorities, (vi) the taking of any action by any federal, state or local government or agency in respect of its monetary or fiscal affairs that in your opinion has a material adverse effect on the financial markets in the United States or (vii) any change in financial markets or in political, economic or financial conditions which, in your sole opinion, either renders it impracticable or inadvisable to proceed with the offering and sale of the Securities on the terms set forth in the Prospectus or materially adversely affects the market for the Securities. If on the Closing Date or on any Option Closing Date, as the case may be, any of the Underwriters shall fail or refuse t...
TERMINATION AND DEFAULTS. (a) Justice Bearing may terminate this order in whole or in part at any time by written notice (including facsimile and electronic mail systems) to Seller and such termination shall not constitute default. Justice Bearing and Seller shall have all rights and obligations at law and in equity, including Justice Xxxxxxx’s rights to title and possession of goods paid for. Seller shall be reimbursed for actual, reasonable, substantiated and allowable costs, plus a reasonable profit for work performed to date of termination. Justice Bearing may take immediate possession of all work performed upon notice of termination. Xxxxxx agrees that it will not include in any claim submitted hereunder any direct cost of engineering and/or development or any cost for special tooling unless specifically ordered by Justice Bearing. Seller’s obligations under the warranty and confidentiality provisions of this agreement shall survive such termination.
TERMINATION AND DEFAULTS. (a) Buyer may by notice in writing direct Seller to terminate this purchase order or work under this purchase order in whole or in part, at any time, and such termination shall not constitute default. In such event, unless Seller shall have defaulted or been in default in performance hereof, Buyer and Seller shall have all rights and obligations accruing to it both at law or in equity, including Buyer’s rights to title and possession of goods paid for. Seller shall be reimbursed for actual, reasonable, substantiated and allowable costs, plus a reasonable profit for work performed to date of termination. Buyer may take immediate possession of all work so performed upon notice of termination. Seller’s obligations under the warranty, intellectual property, and confidentiality provisions of this purchase order shall survive such termination.
TERMINATION AND DEFAULTS. (a) Either party shall be entitled to terminate this Agreement within one hundred eighty (180) of the date hereof (the "trial period"), if it determines that the Subscriber demand for the WorldGate Service is not acceptable. If Affiliate terminates this Agreement during the trial period as aforesaid and prior to the expiration of such trial period, but no later than 10 business days after it's notice of termination, returns to WG the components of the Headend Package, in working condition, reasonable wear and tear excepted, Affiliate will receive a refund of the purchase price for such components so returned.
TERMINATION AND DEFAULTS. (a) Glenair may terminate this Purchase Order, in whole or in part, at any time by written notice (including facsimile and electronic mail systems) to Seller and such termination shall not constitute default. Glenair retains and shall be entitled to all rights available to it at law and in equity, including Glenair’s rights to title and possession of goods paid for. Seller shall be reimbursed for actual, reasonable, substantiated and allowable costs, plus a reasonable profit for work performed to date of termination. Seller shall not be paid for any work performed or costs incurred that reasonably could have been avoided. Glenair may take immediate possession of all work performed upon notice of termination. Xxxxxx agrees that it will not include in any claim submitted hereunder any direct cost of engineering and/or development or any cost for special tooling unless specifically ordered by Glenair. Seller’s obligations under the warranty and confidentiality provisions of this Agreement shall survive such termination.
TERMINATION AND DEFAULTS. A. In the event that FRANCHISEE shall become insolvent or make an assignment for the benefit of creditors, or if a petition in bankruptcy is filed by FRANCHISEE, or such a petition is filed against and consented to by FRANCHISEE, or if FRANCHISEE is adjudicated a bankrupt, or if a bill xx equity or other proceeding for the appointment of a receiver of FRANCHISEE or other custodian for FRANCHISEE'S business or assets is filed and/or is consented to by FRANCHISEE, or a receiver or other custodian is appointed, or if proceedings for composition with creditors under any state or federal law should be instituted by or against FRANCHISEE or if FRANCHISEE shall be attached or levied upon by any sheriff, marshal, or constable and shall not be seasonably cured, then in any of said events, FRANCHISEE shall be deemed to be in default under this Agreement, and all rights granted to FRANCHISEE hereunder shall thereupon terminate upon the occurrence of the above event or events immediately after a 30 day notice to FRANCHISEE from the FRANCHISOR.
TERMINATION AND DEFAULTS. A. In the event that the FRANCHISEE shall become insolvent, under the equity theory of insolvency, or make an assignment for the benefit of creditors, or if a petition in bankruptcy is filed by FRANCHISEE or such petition is filed against and consented to by FRANCHISEE, or a receiver is appointed, or if FRANCHISEE is adjudicated bankrupt, or if a bill in equity or other proceeding for the appoixxxxnt of a receiver of FRANCHISEE or other custodian is appointed, or if proceedings for composition with creditors under any state or federal law should be instituted by or against FRANCHISEE, or if the real or personal property of FRANCHISEE shall be attached or levied upon by any sheriff, marshall, or constable, to the extent that any of said events materially affects the ability of FRANCHISEE to operate any or all of its restaurants in a continuing manner, then in any of said events, FRANCHISEE shall be deemed to be in default under this Agreement and all rights granted to FRANCHISEE hereunder shall thereupon terminate upon the occurrence of the above event or events without notice to FRANCHISEE. FRANCHISOR will be entitled to any damages suffered by it as a result of this termination.
