Termination or Modification by the Town Sample Clauses

Termination or Modification by the Town. If the Breaching Owner or the Developer Owner fails to cure the material breach under Section 4.13(c), then the Town Council may elect to terminate or modify the Agreement after complying with mediation requirements as stated in Section 4.14. Any notice of termination or modification or finding by the Town of a breach may be appealed to the Town Board of Adjustment in the manner provided by G.S. 160A-388(b1). Thereafter, the Breaching Owner and the Developer Owners may pursue any other rights and remedies available at law or in equity. If after mediation the Town Council elects to unilaterally modify the Agreement, the Developer Owners may elect for the Agreement to be terminated rather than accede to the Agreement with the modifications made by the Town Council by giving written notice to the Town within sixty (60) days after the proposed modification. In such event, Section 4.28(a), Section 4.28(b) and Section 4.28(c) shall apply and the Developer Owners have the right to file a termination in the Registry. Failure of the Town to conduct this Periodic Review shall not constitute a waiver by the Town of its rights to otherwise enforce the provisions of this Agreement, nor shall the Developer Owners or Parcel Owners or the Representative have or assert any defense to such enforcement by reason of such failure to conduct a Periodic Review.
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Termination or Modification by the Town. If the Breaching Owner or the Developer Owner fails to cure the material breach under [OBEY CREEK: Cross check - Section 4.13(c)], then the Town Council may elect to terminate or modify the Agreement after complying with mediation requirements as stated in [OBEY CREEK: Cross check - Section 4.14]. Any notice of termination or modification or finding of breach by the Town may be appealed to the Town Board of Adjustment in the manner provided by G.S. 160A-388(b1). Thereafter, the Breaching Owner and the Developer Owners may pursue any other rights and remedies available at law or in equity. If after mediation the Town Council elects to unilaterally modify the Agreement, the Developer Owners may elect for the Agreement to be terminated rather than accede to the Agreement with the modifications made by the Town Council by giving written notice to the Town within sixty (60) days after the proposed modification. In such event, [OBEY CREEK: Cross check - Section 4.28(a), Section 4.28(b) and Section 4.28(c)] shall apply and the Developer Owners have the right to file a termination in the Registry. Failure of the Town to conduct this Periodic Review shall not constitute a waiver by the Town of its rights to otherwise enforce the provisions of this Agreement, nor shall the Developer Owners or Parcel Owners or the Representative have or assert any defense to such enforcement by reason of such failure to conduct a Periodic Review.
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Termination or Modification by the Town. If the Developer fails to timely cure its material breach of this Agreement, then the Town Council may elect to terminate or modify this Agreement. The Town may elect to terminate or modify this Agreement by giving the Developer notice of its election to terminate or modify this Agreement. The notice shall contain the effective date of the termination or proposed modification, which shall not be less than thirty (30) days immediately following Developer’s receipt of the notice. If the election is to modify this Agreement, the notice shall describe the proposed modifications. Within thirty (30) days after receiving notice of termination or modification, the Developer, may appeal the termination or proposed modification to the Town’s Council Board of Adjustment in the manner provided by G.S. 160D‐405. An appeal stays all proceedings in furtherance of the action appealed from unless the Town Planning Director, Town Manager, or designee of the Town Planning Director or Town Manager, certifies to the Town’s Board of Adjustment, after notice of appeal has been filed, that delay in the termination or proposed modification of this Agreement would cause imminent peril to life or property. An appeal to the Town’s Board of Adjustment shall not constitute a waiver or election of any other rights or remedies at law or in equity available to the Developer with respect to the termination or proposed modification of this Agreement. In addition to the foregoing, rather than accede to a proposed modification of this Agreement or a proposed modification of this Agreement that has been affirmed in whole or in part by the Town’s Board of Adjustment, within thirty (30) days after receipt of notice of the Town’s proposed modification of this Agreement or receipt of notice of the affirmation of the proposed modification in whole or in part by the Town’s Board of Adjustment, the Developer may terminate this Agreement by giving notice of termination to the Town. Upon such termination Developer shall have the right to file a termination of this Agreement in the Registry.
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Termination or Modification by the Town. If the Developer fails to timely cure its material breach of this Agreement, then the Town Board may elect to terminate or modify this Agreement after the Parties have completed the mediation requirements in Section 4.13 of this Agreement. If the material beach issue is not resolved through the mediation process within the applicable time, the Town may elect to terminate or modify this Agreement by giving the Developer notice of its election to terminate or modify this Agreement. The notice shall contain the effective date of the termination or proposed modification, which shall not be less than thirty (30) days immediately following Developer’s receipt of the notice. If the election is to modify this Agreement, the notice shall describe the proposed modifications. Within thirty (30) days after receiving notice of termination or modification, the Developer, may appeal the termination or proposed modification to the Town’s Board of Adjustment in the manner provided by G.S. 160D‐405).)1. An appeal stays all proceedings in furtherance of the action appealed from unless the Town Planning Director, Town Manager, or designee of the Town Planning Director or Town Manager, certifies to the Town’s Board of Adjustment, after notice of appeal has been filed, that delay in the termination or 1 Section 8.3.3G.3.f.(4) of the UDO refers to N.C.G.S. 160A‐388(b)(1). That Section of the North Carolina General Statutes has been repealed and replaced by N.C.G.S. 160D‐405. proposed modification of this Agreement would cause imminent peril to life or property. An appeal to the Town’s Board of Adjustment shall not constitute a waiver or election of any other rights or remedies at law or in equity available to the Developer with respect to the termination or proposed modification of this Agreement. including, without limitation, appeal of a decision by the Board of Adjustment to the Superior Court of the County of Chatham, State of North Carolina. In addition to the foregoing, rather than accede to a proposed modification of this Agreement or a proposed modification of this Agreement that has been affirmed in whole or in part by the Town’s Board of Adjustment, within thirty (30) days after receipt of notice of the Town’s proposed modification of this Agreement or receipt of notice of the affirmation of the proposed modification in whole or in part by the Town’s Board of Adjustment, the Developer may terminate this Agreement by giving notice of termination to the Town. Upon and re...
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Termination or Modification by the Town. If the Breaching Party fails to cure the material breach under Section 4.12(c), then the Town Council may elect to terminate or modify the Agreement after complying with mediation requirements as stated in Section 4.13. Any notice of termination or modification or finding of breach by the Town may be appealed to the Town Board of Adjustment in the manner provided by G.S. 160A-388(b1). Thereafter, the Breaching Party may pursue any other rights and remedies available at law or in equity. If after mediation the Town Council elects to unilaterally modify the Agreement, the Parties may elect for the Agreement to be terminated rather than accede to the Agreement with the modifications made by the Town Council by giving written notice to the Town within sixty (60) days after the proposed modification. In such an event, Section 4.27(a) and Section 4.27(b) shall apply and the Party has the right to file a termination in the Registry. Failure of the Town to conduct this Periodic Review shall not constitute a waiver by the Town of its rights to otherwise enforce the provisions of this Agreement, nor shall the Parties have or assert any defense to such enforcement by reason of such failure to conduct a Periodic Review.
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Related to Termination or Modification by the Town

  • Termination by the HSP (a) The HSP may terminate this Agreement at any time, for any reason, upon giving 6 months’ Notice (or such shorter period as may be agreed by the HSP and the Funder) to the Funder provided that the Notice is accompanied by: satisfactory evidence that the HSP has taken all necessary actions to authorize the termination of this Agreement; and a Transition Plan, acceptable to the Funder, that indicates how the needs of the HSP’s clients will be met following the termination and how the transition of the clients to new service providers will be effected within the six-month Notice period.

  • Modification by the Parties The Parties may by mutual agreement amend the Appendices to this Agreement, by a written instrument duly executed by all three of the Parties. Such an amendment shall become effective and a part of this Agreement upon satisfaction of all Applicable Laws and Regulations.

  • Termination by the Employer The Employer may terminate the Employment Period (i) immediately upon the delivery of a Notice of Termination (as defined in Section 4.01(d) of this Agreement) by the Employer to the Executive setting forth the facts that indicate that a determination has been made that the Executive has a Disability in accordance with Section 4.02 of this Agreement; (ii) immediately upon delivery of a Notice of Termination by the Employer to the Executive setting forth the facts that indicate that an event constituting Cause (as defined in Section 4.03 of this Agreement) has occurred, or on such later date as may be set forth in such Notice of Termination; or (iii) at any time without Cause effective as of the 30th day following the delivery of a Notice of Termination by the Employer to the Executive, or on such later date as may be set forth in such Notice of Termination.

  • TERMINATION BY THE OWNER 14.2.1 The Owner may terminate the contract if the Contractor:

  • Termination by the Owner for Convenience § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause.

  • 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].

  • Termination by Agreement both parties may agree to terminate this Agreement;

  • 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 Supplier ‌ Termination by Supplier will not be considered.

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