Termination and Termination Damages for Failure to Achieve a Guaranteed Substantial Commitment Date Sample Clauses

Termination and Termination Damages for Failure to Achieve a Guaranteed Substantial Commitment Date. If Seller has not achieved a Substantial Commitment Milestone by the applicable Guaranteed Substantial Commitment Date, as extended by any grace period that may be applicable under Section 13.3 (Guaranteed Project Milestone Dates), Company shall have the right, notwithstanding any other provision of this Agreement to the contrary, to terminate this Agreement with immediate effect by issuing a written termination notice to Seller designating the Day such termination is to be effective. For purposes of this Section 13.4(c) (Termination and Termination Damages for Failure to Achieve a Guaranteed Substantial Commitment Date), a written request by Seller that the Company stop or otherwise delay the performance of engineering design, procurement and construction work that is the responsibility of Company under Section 3 (Seller Payment to Company for Company-Owned Interconnection Facilities and Review of Facility) of Attachment G (Company-Owned Interconnection Facilities) shall be deemed a failure for Seller to achieve a Substantial Commitment Date. The effective date of any termination pursuant to this Section 13.4(c) (Termination and Termination Damages for Failure to Achieve a Guaranteed Substantial Commitment Date) shall be not later than the date that is thirty (30) Days after the aforementioned termination notice is deemed to be received by Seller, and not earlier than the first to occur of the Day such notice is deemed to be received by Seller. If the Agreement is terminated by Company pursuant to this Section 13.4 (Damages and Termination), Company shall have the right to collect liquidated damages ("Termination Damages"), which shall be calculated in accordance with Article 16 (Damages in the Event of Termination By Company) of this Agreement.
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Related to Termination and Termination Damages for Failure to Achieve a Guaranteed Substantial Commitment Date

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  • Contract Renegotiation, Suspension, or Termination Due to Change in Funding If the funds DSHS relied upon to establish this Contract or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, after the effective date of this contract but prior to the normal completion of this Contract or Program Agreement:

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  • Funding Period and Termination 17.1. The Commissioner does not commit to renew or continue financial support to the Recipient after the Funding Period.

  • Termination Due To Lack Of Funding Appropriation If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

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