Termination for Delay. Unless earlier terminated in accordance with Section 10.1 or 10.2, this Agreement may be terminated and the transactions contemplated hereby may be abandoned by the Company or the Purchasers if the Closing does not occur by June 30, 1999, provided, however, that the right to terminate this Agreement under this Section 10.3 shall not be available to any party whose failure to fulfill any obligation under this Agreement has been the cause of, or resulted in, the failure of the Closing to occur on or before such date.
Termination for Delay. If Landlord manages the Tenant Improvements Work pursuant to Section 3.3 and Landlord does not achieve Substantial Completion of the Base Building Work and the Tenant Improvements Work by the date that is eight months after the Target Completion Date, subject to extension for Excusable Delay, then, provided that Tenant has not exercised its self-help right pursuant to Section 3.8(c), Tenant shall have the right, upon 30 days’ prior written notice to Landlord, to terminate this Lease unless, within such 30 day period, Landlord achieves Substantial Completion of the Base Building Work and the Tenant Improvements Work. If a Third Party Contractor manages the Tenant Improvements Work pursuant to Section 3.4 and Landlord does not achieve Partial Completion of the Base Building Work by the date that is eight months after the Target Delivery Date, subject to extension for Excusable Delay, then, provided that Tenant has not exercised its self-help right pursuant to Section 3.8(c), Tenant shall have the right, upon 30 days’ prior written notice to Landlord, to terminate this Lease unless, within such 30 day period, Landlord achieves Partial Completion of the Base Building Work. If this Lease terminates pursuant to this Section 3.8(d), Landlord shall pay or reimburse Tenant for, and shall indemnify and hold Tenant harmless from and against, all out-of-pocket costs incurred by Tenant in connection with this Lease and the subject transaction, including, but not limited to, attorneys’ fees, design costs, project management costs, consulting fees and construction costs.
Termination for Delay. If (x) the Scheduled Delivery Date is scheduled or rescheduled by Seller to a date that will cause Delivery to be delayed after the Outside Delivery Date, or (y) Lessor notifies Lessee that Lessor has received written notice from Seller that a delay is anticipated by Seller that will cause Delivery to be delayed to a date after the Outside Delivery Date, then by written notice given within ten (10) Business Days after the first to occur of (i) Lessee’s receipt of such Lessor notice or (ii) the Outside Delivery Date, either party may by written notice to the other terminate this Lease and this Lease will terminate on the date of receipt of such notice by the non-notifying party. In the event of such termination, neither party will have any further liability to the other party except that Lessor will return to Lessee the Security Deposit in accordance with Section 4.5 and any prepaid Rent. If such termination notice is not given within such ten (10) day period, each of Lessee and Lessor shall have waived their right to terminate this Lease for delay under this Section 8.3 and, subject to Lessor’s agreement with Seller to a revised Scheduled Delivery Date (which shall be binding upon Lessee), this Lease shall remain in full force and effect, the Aircraft shall be delivered to Lessee in accordance with the terms of this Lease on the revised Scheduled Delivery Date.
Termination for Delay. In the event that SkyePharma has not received written notice that the FDA has:
Termination for Delay. As used herein, the phrase “Delivery Condition” shall mean that Landlord has delivered to Tenant Suite Spaces in the Building and the 0000 X. Xxxxxxxxxx Xxxxxxxx (as defined below) has delivered suite spaces in the 0000 X. Xxxxxxxxxx Xxxxxxxx totaling at least seventy-five percent (75%) (i.e., 88,333 square feet of Rentable Area) of the aggregate Rentable Area of the Premises leased by Tenant under this Lease and the premises initially leased by Tenant under the 0000 X.
Termination for Delay. Provided Customer is not currently in default of a material provision of this Agreement, In the event Contractor has delayed or provided notice of delay of a Launch Date, other than for Excusable Delays, for a period exceeding (***) for the Launch Service, (***), Customer shall have the right to: (i) (***); or (ii) (***), such right to be elected by Customer in writing and within (***) following the conclusion of such (***) period. With respect to any Launch Service terminated by Customer, Customer shall have no further obligation or liability to Contractor for such Launch Service.
Termination for Delay. If, for any reason, Closing has not occurred on or before the Final Closing Date, either party (or, in the case of a delay caused by Buyer’s or Seller’s breach of this Agreement, the non-breaching party only) may terminate this Agreement by giving the other party written notice within three (3) Business Days after the Final Closing Date and this Agreement will terminate on the date of receipt of such notice. In the event of such termination, neither party will have any further liability to the other with respect to the Aircraft, and this Agreement shall terminate, except that if Buyer is not then in breach of this Agreement, and provided that the cause of such delay is not Buyer’s failure to satisfy any of the conditions to Closing set forth in Clause 6 for which Buyer is responsible (except where such failure is a result of Seller’s breach of this Agreement), Seller will promptly return the Deposit to Buyer. If neither party gives a notice of termination within three (3) Business Days, the Final Closing Date shall be automatically extended for a period of thirty (30) Business Days beyond the later of (a) the originally scheduled Final Closing Date, and (b) the Final Closing Date as most recently extended.
Termination for Delay. Tenant shall have the right to terminate this Lease if the Premises are not ready for Tenant's Work by December 31, 2008 provided Tenant gives Landlord prior written notice of not less than fifteen
Termination for Delay. Purchaser may terminate this Purchase Order and any related agreement, in whole or in part, for delays caused solely by Seller. Seller shall refund all payments for goods upon written notification of termination by purchaser
Termination for Delay. In the event SpaceX has delayed or provided notice of delay of either Launch, other than for Excusable Delays, for an aggregate period exceeding three hundred sixty-five (365) days beyond the last day of a Launch Period (not including any coinciding or overlapping period of delay attributable to Customer), Customer shall have the right to terminate in Customer’s discretion either or both of the Launch Services (to the extent such Launch Service(s) have not yet been performed) and obtain a refund of payments made under this Agreement in connection with the affected Launch Service(s), such right to be elected by Customer in writing and within [***…***] following the conclusion of such three hundred sixty-five (365) day period. With respect to any Launch Service terminated by Customer, Customer shall have no further obligation or liability to SpaceX for such Launch Service. Unless disputed, any amounts required to be refunded to Customer under this Section 14.2(b) shall be paid by SpaceX to Customer within [***…***] of notice of such termination.
