Termination Default and Remedies. The City may cancel this Contract for any reason without cause upon thirty (30) days' written notice. Both the City and the Consultant may terminate this Contract upon sixty (60) days' written notice if either party fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the terms of this Contract. The non-defaulting party shall have the right to terminate this Contract, if the default has not been cured after ten (10) days' written notice or such other reasonable time period to cure the default has been provided. If termination shall be without cause, the City shall pay Consultant all compensation earned to the date of termination. If the termination shall be for breach of this Contract by Consultant, the City shall pay Consultant all compensation earned prior to the date of termination minus any damages and costs incurred by the City as a result of the breach. If the Contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Consultant under this Contract shall, at the option of the City, become the property of the City, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Contract by the Consultant. The City may, in such event, withhold payments due to the Consultant for the purpose of set-off until such time as the exact amount of damages due to the City is determined. The rights or remedies provided for herein shall not limit the City, in case of any default by the Consultant, from asserting any other right or remedy allowed by law, equity, or by statute. The Consultant has not waived any rights or defenses in seeking any amounts withheld by the City or any damages due the Consultant.
Termination Default and Remedies. The MPRB may cancel this Contract for any reason without cause upon thirty (30) days’ written notice. Both the MPRB and the Consultant may terminate this Contract upon sixty
Termination Default and Remedies. 12.1 If this Agreement is terminated because of a failure of one or more of the covenants, conditions or agreements contained in this Agreement, or because of any specific right of Purchaser to terminate this Agreement, including without limitation those termination rights contained in Article IV, Article V, Article VII, Article VIII, Article IX or Article XIII hereof (hereinafter referred to as a "PERMITTED Termination"), the Xxxxxxx Money, and all accrued interest thereon, shall be immediately returned to Purchaser, whereupon neither party shall have any further rights or obligations hereunder.
Termination Default and Remedies. Owner and Residents agree that all provisions, obligations, and conditions of this Agreement are reasonable and material and that a breach by Residents of any such provision, obligation, or condition constitutes a material breach thereof. Owner is entitled to all rights, remedies, and damages under this Agreement and by law, including, but not limited to, all rights and remedies for damages to the Leased Premises, cleaning charges, past and future rent due, or other amounts due under this Agreement. All rights and remedies provided in this Agreement and by law are cumulative. This Agreement shall be deemed terminated upon written notice of termination by Owner to Residents. No other action by Owner shall constitute termination, including, but not limited to: a) maintenance of the Leased Premises by Owner or on Owner's behalf; b) efforts to rent out the Leased Premises by Owner or on Owner's behalf; c) Owner's withholding of consent to assign or sublet the Leased Premises pursuant to the terms of this Agreement; d) Owner's termination of a sublet or assignment of the Leased Premises pursuant to the terms of this Agreement; or e) actions by Owner to procure the appointment of a receiver to secure Owner's interests under this Agreement. In the event of a breach by Residents, or where required by applicable law, Owner may provide to Residents written notice of the breach and demands for cure. Owner may terminate this Agreement if a cure is not possible or if Residents do not cure the breach within the period provided by the notice or law.
Termination Default and Remedies. Either party may terminate this Agreement, without cause, by giving sixty (60) days' written notice to the other party. Termination of this Agreement for any reason shall not relieve a party from its obligations incurred prior to the termination date. In the event of any default of this Agreement, the non-defaulting party, upon written notice to the defaulting party, may terminate this Agreement as of the date specified in the notice, and/or may obtain such other and further relief as may be provided by law, including injunction or restraining order as required to prevent unauthorized disclosures of CI; and, in any such action, it shall be presumed that a breach, or threatened breach, of this Agreement will result in irreparable harm to the non-defaulting party.
Termination Default and Remedies. ClearCom may, at any time upon twenty-four (24) hours prior notice, terminate this Agreement and the Services at ClearCom’s option and without liability if: (a) ClearCom’s Central Station, equipment or facilities, or the telephone network, are destroyed, damaged or malfunction so that it is impractical for ClearCom to continue the Services; (b) ClearCom cannot acquire or retain the transmission connections or authorization to transmit signals between the Premises and the Central Station or between the Central Station and any emergency response providers; (c) ClearCom determines that it is impractical to continue the Services due to the modification or alteration of the Premises after installation of the Equipment; or (d) the Equipment generates excessive false alarms due to circumstances beyond ClearCom’s reasonable control. Additionally, upon thirty (30) days’ prior notice to Client, ClearCom may terminate this Agreement for any other reason at ClearCom’s discretion. If ClearCom terminates this Agreement for any of the foregoing reasons in this Paragraph, then we will refund any advance Charges for Services to be provided after the termination date, less any Equipment Charges still due, but we shall not be liable as a result of any such termination. Furthermore, Client shall be in breach, and ClearCom may, at ClearCom’s option, terminate this Agreement and exercise our remedies for the enforcement of this Agreement if (each a “Termination for Cause”): (1) Client fails to pay as and when due any Charges or other amounts due under this Agreement or any other Agreement between Client and ClearCom; (2) any representation Client has made under or in connection with this Agreement or any other Agreement between Client and ClearCom is materially untrue; (3) Client breaches any warranty contained in this Agreement or in any other Agreement between Client and ClearCom; (4) Client otherwise fails to comply with any non-monetary obligation or covenant contained in this Agreement or in any other Agreement between Client and ClearCom, and such failure continues for thirty (30) days after ClearCom provides written notice to Client; (5) Client denies ClearCom reasonable access to the Equipment located at the Premises; or (6) Client becomes a debtor in a bankruptcy or other insolvency proceeding. The Charges under this Agreement are based on Client’s Agreement to receive and pay for the Services for the entire Term. ACCORDINGLY, IN THE EVENT OF A TERMINATION FOR CAUSE (O...
Termination Default and Remedies. (a) If this Agreement is not signed by Seller and an executed copy delivered to Buyer within thirty (30) days after the date this Agreement has been signed by Buyer and an executed copy of this Agreement delivered to Seller, then this Agreement will automatically terminate and be of no further force or effect and the Xxxxxxx Money, if any has been delivered to Escrow Agent, will be returned to Buyer.
Termination Default and Remedies. (a) If, after waiver or satisfaction of all contingencies listed in Section 4, Buyer defaults under this Agreement, Buyer shall pay to Seller, as liquidated damages, in lieu of all legal or equitable remedies which may be available to Seller, (1) any xxxxxxx money paid or to be paid by Buyer under this Agreement (including, without limitation, the Deposit, the Buyer Note, and the Letter of Credit) plus accrued interest, plus (2) an additional amount equal to Seller's actual out of pocket costs (including reasonable attorneys' fees) incurred in connection with Seller's performance under this Agreement.
Termination Default and Remedies. 20 5.1 Termination 20 5.2 Remedies Upon Default of Acquirer 20 5.3 Remedies on Default of Contributor 20 ARTICLE VI INDEMNIFICATION 21 6.1 Contributor’s Indemnity 21 6.2 Acquirer’s Indemnity 21 6.3 Indemnification Procedure 21 6.4 Survival 22
Termination Default and Remedies. 7.1 Permittee may terminate any and all Permits at any time for cause or for no cause at all, and the City may terminate any and all Permits for cause only, by delivering thirty (30) days’ written notice of said termination to the other Party. Such termination by Permittee shall not relieve it of any obligation to the City regarding any existing breach of any Permit or this Agreement.
