Termination by Facility Owner Sample Clauses

Termination by Facility Owner. Facility Owner shall be permitted to terminate these Operations Provisions upon written notice if any of the following events occur: (a) bankruptcy or insolvency of the Facility Operator; (b) payment default by Facility Operator that is not cured within sixty (60) Business Days of notice from Facility Owner that such payment is due; (c) failure by Facility Operator to perform any of its duties, responsibilities and obligations under these Operations Provisions after notice by Facility Owner, provided Facility Operator shall have up to 30 days after such notice was given to cure such default or make substantial progress towards curing such default. A termination of these Operations Provisions under this Section 11.1 shall not terminate the Lease. A default by Landlord under the Lease is governed by Section 19 of the Lease.
Sample 1
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Termination by Facility Owner. Facility Owner shall be permitted to terminate these Operations Provisions upon written notice if any of the following events occur: (a) bankruptcy or insolvency of the Facility Operator; (b) payment default by Facility Operator that is not cured within sixty (60) Business Days of notice from Facility Owner that such payment is due; (c) failure by Facility Operator to perform any of its duties, responsibilities and obligations under these Operations Provisions after notice by Facility Owner, provided Facility Operator shall have up to 30 days after such notice was given to cure such default or make substantial progress towards curing such default, and provided further that this subsection (c) shall not apply in the case of a termination by Facility Owner under subsections (d) or (e) hereof; (d) for the period commencing January 1, 2009 and ending June 30, 2009, (i) actual Adjusted O&M Costs exceed the budgeted Adjusted O&M Costs for such period as set forth in the 2009 Annual Budget or (ii) the actual output of the Power Facility (measured in megawatt hours) is less than the projected output of the Power Facility provided for such period in the 2009 Annual Budget, in which case, unless the occurrence of either subsection “i” or “ii” hereof is attributable to an event or cause beyond the reasonable control of Facility Operator, Facility Owner may terminate the Operations Provisions effective August 31, 2009, provided that Facility Owner shall provide notice to Facility Operator of its intent to terminate the Operations Provisions under this subsection (d) not later than July 31, 2009; and (e) with respect to any Lease Year, (i) actual Adjusted O&M Costs exceeds the projected Adjusted O&M Costs as set forth in the Annual Budget for such Lease Year or (ii) the actual output of the Power Facility (measured in megawatt hours) is less than the projected output of the Power Facility provided for such Lease Year in the Annual Budget for such Lease Year, in which case, unless the occurrence of either subsection “i” or “ii” hereof is attributable to an event or cause beyond the reasonable control of Facility Operator, Facility Owner may terminate the Operations Provisions effective February 28 of the following Lease Year, provided that Facility Owner shall provide notice to Facility Operator of its intent to terminate the Operations Provisions under this subsection (e) not later than January 31 of the following Lease Year. A termination of these Operations Provision...
Sample 1

Related to Termination by Facility Owner

  • Termination by Owner The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to:

  • Termination by ICANN (a) ICANN may, upon notice to Registry Operator, terminate this Agreement if: (i) Registry Operator fails to cure (A) any fundamental and material breach of Registry Operator’s representations and warranties set forth in Article 1 or covenants set forth in Article 2, or (B) any breach of Registry Operator’s payment obligations set forth in Article 6 of this Agreement, each within thirty (30) calendar days after ICANN gives Registry Operator notice of such breach, which notice will include with specificity the details of the alleged breach, (ii) an arbitrator or court of competent jurisdiction has finally determined that Registry Operator is in fundamental and material breach of such covenant(s) or in breach of its payment obligations, and (iii) Registry Operator fails to comply with such determination and cure such breach within ten (10) calendar days or such other time period as may be determined by the arbitrator or court of competent jurisdiction.

  • Termination by Owner for Cause This Agreement may be terminated by Owner (or the Property Manager may be required by Owner to change its personnel assigned as Property Manager for the Property) at any time during the term hereof upon written notice to Property Manager effective immediately for any of the following causes:

  • Termination by Us We may terminate this Contract with 30 days’ written notice as follows:

  • Termination by Client Without prejudice to any rights or remedies of the Client, the Client may, by at least seven (7) days’ notice in writing to Deswik, terminate this Agreement if:

  • Termination by CAISO Subject to Section 5.2, the CAISO may terminate this Agreement by giving written notice of termination in the event that the Participating Generator commits any material default under this Agreement and/or the CAISO Tariff which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given, to the Participating Generator, written notice of the default, unless excused by reason of Uncontrollable Forces in accordance with Article X of this Agreement. With respect to any notice of termination given pursuant to this Section, the CAISO must file a timely notice of termination with FERC, if this Agreement was filed with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: (1) the filing of the notice of termination is made after the preconditions for termination have been met, and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement shall terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

  • TERMINATION BY MPS MPS further reserves the right to terminate this Contract at any time for any reason by giving Contractor written notice by Registered or Certified Mail of such termination. MPS will attempt to give Contractor 20 days’ notice, but reserves the right to give immediate notice. In the event of said termination, Contractor shall reduce its activities hereunder, as mutually agreed to, upon receipt of said notice. Upon said termination, Contractor shall be paid for all services rendered through the date of termination, including any retainage. This section also applies should the Milwaukee Board of School Directors fail to appropriate additional monies required for the completion of the Contract.

  • Termination by Contractor Contractor may, at its option, terminate this Contract upon the failure of MPS to pay any amount, which may become due hereunder for a period of sixty (60) days following submission of appropriate billing and supporting documentation. Upon said termination, Contractor shall be paid the compensation due for all services rendered through the date of termination including any retainage.

  • Termination by City Notwithstanding any other term, provision or conditions of this Agreement, subject only to prior written notification to Licensee or its successor-in- interest, this Agreement is revocable by the City if:

  • Termination by Provider This Agreement may be terminated by Provider in accordance with the following: (a) except for SAP’s breach of its obligations under Sections 8 or 9, thirty (30) days after Provider gives SAP notice of SAP’s breach of any provision of the Agreement, unless SAP has cured such breach during such thirty (30) day period; (b) immediately if (1) SAP commences negotiations with one or more of its creditors with a view to rescheduling major parts of its indebtedness or (2) SAP files for bankruptcy, has a petition for bankruptcy filed on its behalf which is not dismissed within sixty days of filing, becomes insolvent, or makes an assignment for the benefit of creditors; and/or (3) SAP breaches its obligations under Sections 8 and/or 9 [Intellectual Property Ownership, Confidentiality].

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