Common use of Termination; Survival Following Termination Clause in Contracts

Termination; Survival Following Termination. The Company and, solely with respect to itself and its rights and obligations hereunder, any Agent, may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon one Trading Day’s notice to the other parties; provided, that, (A) if the Company terminates this Agreement after the applicable Agent confirms to the Company any sale of Shares, the Company shall remain obligated to comply with Section 3(b)(v) with respect to such Shares and (B) Section 2, Section 3(d), Section 6, Section 7 and Section 8 shall survive termination of this Agreement. The termination of this Agreement by any Agent shall not affect the rights and obligations or continued effectiveness of this Agreement with respect to any other Agent. If termination shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement.

Termination; Survival Following Termination. The Company and, solely with respect to itself and its rights and obligations hereunder, any Agent, may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon one five Trading Day’s notice to the other parties; provided, provided that, (A) if the Company terminates this Agreement after the applicable Agent confirms to the Company any sale of Shares, the Company shall remain obligated to comply with Section 3(b)(v) with respect to such Shares and (B) Section 2, Section 3(d), Section 6, Section 7 and Section 8 shall survive termination of this Agreement. The termination of this Agreement by any Agent shall not affect the rights and obligations or continued effectiveness of this Agreement with respect to any other Agent. If termination shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement.

Termination; Survival Following Termination. The Company and, solely with respect to itself and its rights and obligations hereunder, any Agent, (i) Either party may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon one Trading Day’s notice to the other partiesparty; provided, provided that, (A) if the Company terminates this Agreement after the applicable Agent confirms to the Company any sale of Shares, the Company shall remain obligated to comply with the terms of this Agreement (including, without limitation, Section 3(b)(v) and Section 3(c)) with respect to such Shares and (B) Section 2, Section 3(d3(c), Section 6, Section 7 and Section 8 shall survive termination of this Agreement. The termination of this Agreement by any Agent shall not affect the rights and obligations or continued effectiveness of this Agreement with respect to any other Agent. If termination shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement.

Termination; Survival Following Termination. The Company and, solely with respect to itself and its rights and obligations hereunder, any Agent, (i) Either party may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon one ten (10) Trading Day’s Days’ notice to the other partiesparty; provided, provided that, (A) if the Company terminates this ACTIVE/112182650.6 ACTIVEUS 190056073v.6 Agreement after the applicable Agent confirms to the Company any sale of Shares, the Company shall remain obligated to comply with Section 3(b)(v) with respect to such Shares and (B) Section 2, Section 3(d), Section 6, Section 7 and Section 8 shall survive termination of this Agreement. The termination of this Agreement by any Agent shall not affect the rights and obligations or continued effectiveness of this Agreement with respect to any other Agent. If termination shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement. Upon termination of this Agreement, the Company shall not have any liability to the Agent for any discount, commission or other compensation with respect to any Shares not otherwise sold by the Agent under this Agreement.

Termination; Survival Following Termination. (i) The Company andor, solely with respect to itself and its rights and obligations hereunder, any Agent, may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon one ten (10) Trading Day’s Days’ notice to the each other partiesparty to this Agreement; provided, provided that, (A) if the Company terminates this Agreement after the applicable an Agent confirms to the Company any sale of Shares, the Company shall remain obligated to comply with Section 3(b)(v) with respect to such Shares and (B) Section 2, Section 3(d), Section 6, Section 7 and Section 8 shall survive termination of this Agreement. The termination of this Agreement by any Agent shall not affect the rights and obligations or continued effectiveness of this Agreement with respect to any other Agent. If termination shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement.

Termination; Survival Following Termination. The (i) Any of the Agents or the Company and, solely with respect to itself and its rights and obligations hereunder, any Agent, may terminate this Agreement in their sole discretion prior to the end of date on which the Agency PeriodAgents have placed the Maximum Program Amount, by giving written notice as required by this Agreement, upon one Trading Day’s Days’ notice to the other partiesparty; provided, provided that, (A) if the Company terminates this Agreement after the applicable relevant Agent confirms to the Company any sale of Shares, the Company shall remain obligated to comply with Section 3(b)(v3.(b)(v) with respect to such Shares and (B) Section 2, Section 3(d), Section 6, Section 7 and Section 8 shall survive termination of this Agreement. The termination of this Agreement by any Agent shall not affect the rights and obligations or continued effectiveness of this Agreement with respect to any other Agent. If termination shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement.

Termination; Survival Following Termination. (i) The Company and, solely with respect to itself and its rights and obligations hereunder, any the Agent, may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon one ten (10) Trading Day’s Days’ notice to the other partiesparty; provided, provided that, (A) if the Company terminates this Agreement after the applicable Agent confirms to the Company any sale of Shares, the Company shall remain obligated to comply with Section 3(b)(v) with respect to such Shares and (B) Section 2, Section 3(d), Section 6, Section 7 and Section 8 shall survive termination of this Agreement. The termination of this Agreement by any Agent shall not affect the rights and obligations or continued effectiveness of this Agreement with respect to any other Agent. If termination shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement. Upon termination of this Agreement, the Company shall not have any liability to the Agent for any discount or commission with respect to any Shares not otherwise sold by the Agent under this Agreement.

Termination; Survival Following Termination. The (i) Any of the Agents or the Company and, solely with respect to itself and its rights and obligations hereunder, any Agent, may terminate this Agreement in their sole discretion prior to the end of date on which the Agency PeriodAgents have placed the Maximum Program Amount or June 19, 2023, by giving written notice as required by this Agreement, upon one ten (10) Trading Day’s Days’ notice to the other partiesparty; provided, provided that, (A) if the Company terminates this Agreement after the applicable relevant Agent confirms to the Company any sale of Shares, the Company shall remain obligated to comply with Section 3(b)(v) with respect to such Shares and (B) Section 2, Section 3(d), Section 6, Section 7 and Section 8 shall survive termination of this Agreement. The termination of this Agreement by any Agent shall not affect the rights and obligations or continued effectiveness of this Agreement with respect to any other Agent. If termination shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement.