Termination and Remedies. Upon the occurrence of, and during the continuation of, an Event of Default, subject to the cure rights provided for herein, the non- defaulting Party shall be entitled to all remedies available under this agreement or at law or in equity, and may terminate this Agreement by notice to the other Party designating the date of termination and delivered to the defaulting Party no less than ten (10) days before such termination date; provided, however, that as a precondition to Seller’s exercise of this termination right, Seller must also provide copies of such notice to the notice addresses of then-current Senior Vice President of Commercial Operations and Director of Market Operations of Buyer set forth in Exhibit B. Such copies shall be sent by registered overnight delivery service or by certified or registered mail, return receipt requested and shall state prominently therein in type font no smaller than fourteen (14) point all-capital letters that “THIS IS A TERMINATION NOTICE UNDER THE PPA BETWEEN GSEC AND [INSERT SELLER FACILITY’S NAME]. YOU MUST CURE A DEFAULT, OR THE PPA WILL BE TERMINATED,” and shall state therein any amount purported to be owed and wiring instructions, or the nature of any non-payment default alleged. Seller shall not have any right to terminate this Agreement if the Event of Default that gave rise to the termination right is cured within the fifteen (15) Business Days of Buyer’s receipt of such notice. Further, during the continuation of default by Seller, and until Buyer has recovered all damages incurred on account of such default by Seller, without exercising its termination right, Buyer may offset its damages against any payment due Seller. The rights contemplated by this Section are cumulative such that the exercise of one or more rights shall not constitute a waiver of any other rights. In the event of a termination hereof:
Termination and Remedies. Provided no TO is outstanding and remains to be performed by either party, this Agreement may be terminated by either party upon 30 days prior written notice to the other party. Any TO may be terminated under the following circumstances: by both Parties on mutual written agreement of the Parties; by either Party for its convenience with written notice and after the Termination Notice Period specified in the Additional Terms has expired; by Mercy Corps immediately upon written notice in the event Mercy Corps’ donor(s) terminates or withdraws funding that Mercy Corps would use to pay Contractor under the Additional Terms; by either Party due to the non-terminating Party’s breach of this Agreement and failure to correct such breach within 15 days prior notice of such breach; be either Party upon written notice if a force majeure event, including any not reasonably foreseeable war, insurrection, change in law or government action or inaction, strike, natural disaster or similar event, prevents the terminating Party from being able to fulfill its obligations under this Agreement; or by Mercy Corps immediately upon written notice if Mercy Corps using its sole discretion determines that Contractor has or will breach any of its warranties, covenants or representations in this Agreement, in which case Mercy Corps may withhold any and all amounts owed to Contractor until such breach is remedied. In the event of termination due to Contractor’s breach or by Contractor for Contractor’s convenience, Mercy Corps will not be obligated to pay Contractor for any partially completed work. In the event termination is due to Mercy Corps’ breach, by Mercy Corps for Mercy Corps convenience, due to force majeure event, or due to loss of funding, Mercy Corps will be obligated to pay Contractor for its reasonable, pro-rated costs of work completed and expenses properly incurred prior to termination. However, Mercy Corps will not be responsible for any expenses incurred in anticipation of termination or suspension. If Mercy Corps determines that Contractor has or will breach any of its warranties, covenants or representations in this Agreement, Mercy Corps may, in addition to any other remedies for such breach available at law or in equity, terminate this Agreement.
Termination and Remedies. In the event ENGINEER breaches any term and/or provision of this Contract the CITY shall be entitled to exercise any right or remedy available to it by this Contract, at law or equity, including without limitation, termination of this Contract and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative.
Termination and Remedies a. Provided no TO is outstanding and remains to be performed by either party, this Agreement may be terminated by either party upon 30 days prior written notice to the other party.
Termination and Remedies a. Provided no Purchase Order is outstanding and remains to be performed by either party, this Agreement may be terminated by either party at any time upon written notice to the other party.
Termination and Remedies. Either party may unilaterally terminate this Agreement, in whole or in part, for any reason whatsoever or no reason at all, by notice in writing to the other party delivered at least thirty (30) days prior to the effective date of the termination.
Termination and Remedies. This Agreement remains in effect until terminated in accordance with this section. Either party may terminate by providing the other party thirty (30) days written notice of its intent to terminate for convenience. NWEA may terminate immediately without prior notice to Subscriber upon Subscriber’s breach of this Agreement. NWEA may seek any legal or equitable remedy available against Subscriber for breach of the terms of this Agreement, including without limitation, injunctive relief and specific performance. After termination of the Agreement, NWEA shall continue to maintain Student Education Records until: (i) NWEA receives Subscriber’s written request to destroy Student Education Records via email to xxxxxxxxxxxxx@xxxx.xxx that includes requestor's name, title, contact information, name of requesting school or entity with NCES #, and attestation that Subscriber is duly authorized and has legal capacity to execute the request; and (ii) NWEA confirms the information in Subscriber’s written request. Thereafter, NWEA shall destroy the Student Education Records without undue delay or as otherwise required under applicable state law. Subscriber understands and agrees that if NWEA destroys Subscriber’s Student Education Records, NWEA will not be able to provide such data to Subscriber after its destruction.
Termination and Remedies. This Contract may be terminated under the following circumstances:
Termination and Remedies. Either party may terminate this agreement upon reasonable notice to the other party, and upon full payment to Firm of all fees and costs incurred to date. In the event Client fails to make any payment as required by this Agreement, Firm, without any further notice, may cease all work on the matter. In the event Client fails to comply with any provision of this agreement, including the making of any payment required, Client expressly authorizes Firm in advance, at Firm's sole election and upon written notice to Client at Client's last known address, to cease performing legal services for Client (including filing of legal documents with the court and/or appearing at further court appearances), and to withdraw as Client's attorney of record. Client understands that these actions could eventually result in a default or dismissal of Client's work. If Firm does not require strict performance of any provision or part of any provision of this agreement for any reason, said action shall not limit or waive Firm's right to enforce said provision or other provisions at a later time. In the event that Firm takes any action of any sort to enforce any provision of, any right set forth in, or any right arising from this agreement, Firm shall be entitled to recover all costs and disbursements, reasonable attorney fees (including in house services performed for itself), and all reasonable collection fees. If necessary, said reasonable collection fees, and attorney fees may be recovered in a separate legal proceeding, in which case the provisions of this paragraph shall also apply to said separate proceeding. The term "any action of any sort" includes, but is not necessarily limited to, the filing of a claim for relief; delivering and negotiating a demand for performance; or proceeding by garnishment, execution, or otherwise to collect or enforce this agreement or any security document pertaining thereto. Client hereby grants Firm a lien against any sums held for Client in attorneys' trust account, against any money or property (including land) received by Client or money judgments entered in Client's favor in this or any other legal proceeding. The lien will be removed only when Client's xxxx is paid in full. Client specifically authorizes attorneys to receive any said funds or property and to pay to itself all fees and costs from said funds and property before releasing the balance to Client. Upon termination, Firm will provide copies of documents and letters not previousl...
Termination and Remedies. 10.2.1 Upon the occurrence of, and during the continuation of, an Event of Default, the non-defaulting Party shall be entitled to all remedies available at law or in equity, and may terminate this Agreement by notice to the other Party designating the date of termination and delivered to the defaulting Party no less than ten (10) days before such termination date. Further, during the continuation of an Event of Default by Seller, and until it has recovered all damages incurred on account of such Event of Default by Seller, without exercising its termination right, Buyer may offset its damages against any payment due Seller.
