Common use of CONTRACTUAL TERMINATION Clause in Contracts

CONTRACTUAL TERMINATION. 8.1. This Agreement will be lawfully terminated, regardless of any formalities, prior notifications, etc., and at no cost to any of the Parties, in the following circumstances: (a) declaration of bankruptcy, civil insolvency, judicial or extrajudicial dissolution of any Party; (b) if the Public Authority, its agents and/or representatives order repairs on the property where the IBX is located which cannot be executed without impairing the continued provision of contracted services; (c) in the event of expropriation of the property where the IBX is located, orders, bans or other acts issued by the Public Authority, its agents and/or representatives. (d) due to unforeseen circumstances or force majeure that prevents service provision continuity. 8.2. This Agreement may be terminated by EQUINIX, at its sole discretion and by means of simple notice to the CUSTOMER with immediate effect, notwithstanding application of the stipulated contractual fine in the following circumstances: (a) if EQUINIX becomes aware that the CUSTOMER is engaging in any act that breaches the obligations undertake in Clause 3.2 of this Agreement and its subsections; (b) if the CUSTOMER files for judicial or extrajudicial recovery proceedings, regardless of being granted or not; (c) in the event of noncompliance with the rules set out in the IBX POLICIES, as set forth therein. 8.2.1. Instead of sending notice to the CUSTOMER in the situations described in Clause 8.2, EQUINIX may, at its own discretion, notify the customer and provide a set period to correct the irregularity. While the remedy is being arranged, EQUINIX reserves the right to suspend the provision of services under this Agreement, pursuant to article 476 of the Brazilian Civil Code. If the irregularity has not been remedied after the end of the granted period, this Agreement will be lawfully terminated. 8.3. If the CUSTOMER fails, in whole or in part, for a period of thirty

CONTRACTUAL TERMINATION. 8.1. This Agreement will 14.1 In spite of the irrevocable nature of the CUSD, it may be lawfully legally terminated, regardless at the discretion of the innocent PARTY, upon the occurrence of the following hypothesis:- a) Should there be a bankruptcy, dissolution or judicial or extrajudicial liquidation be declared by the other PARTY, by means of ten (10) days notice; b) Should the other PARTY revoke any formalitieslegal governmental or regulatory authority, prior notificationsmandatory to the performance of activities and obligations provided herein, etcincluding, without limitation, the concession of public service, permission or authorization; c) In case of default of the GENERATOR and should the enforcement of the Financial Guarantee offered be frustrated. d) Should the Financial Guarantee presented become unenforceable due to reasons attributed or not to the action or omission of the GENERATOR and the latter, notified to replace it by another guarantee of equal tenor and at no cost to form, does not do so within the period of fifteen (15) business days; e) Should the Financial Guarantee not be submitted, observing the provisions of ARTICLE 8; f) In case of non compliance of any of the Parties, in the following circumstances:Articles or conditions hereof. (a) declaration of bankruptcy, civil insolvency, judicial or extrajudicial dissolution 14.2 The occurrence of any Party; (b) if the Public Authority, its agents and/or representatives order repairs on the property where the IBX is located which cannot be executed without impairing the continued provision of contracted services; (c) in the event of expropriation of the property where cases provided under item 14.1 of the IBX is locatedpresent Article, ordersif not resolved within the maximum period of fifteen (15) business days, bans or other acts issued by as of the Public Authorityreceipt of the written notice, its agents and/or representativesshall allow the innocent PARTY to consider this CUSD legally terminated. (d) 14.3 The termination of the present CUSD does not exempt the PARTIES from the obligations due up to the termination date, and shall not affect or limit any right which, expressly or due to unforeseen circumstances its nature, shall remain in force after the termination or force majeure that prevents service provision continuityoriginated thereby. 8.2. This Agreement may be terminated 14.4 The termination caused by EQUINIX, at its sole discretion and by means subclause f) of simple notice to the CUSTOMER with immediate effect, notwithstanding application item 14.1 of the stipulated contractual present Article shall oblige the defaulting PARTY to pay the opposing PARTY the termination fine in the following circumstances:amount equivalent to ten percent (10%) of the annual value of the CUSD, under the terms of Article 5. (a) if EQUINIX becomes aware that 14.5 The termination of the CUSTOMER is engaging in CCD entered into between the PARTIES shall imply the automatic termination of the present CUSD. 14.6 The termination prior to the final duration thereof, caused by any act that breaches of the obligations undertake in Clause 3.2 hypothesis provided under item 14.1 of this Agreement the present Article, or by initiative of the GENERATOR, shall imply reimbursement to the DISTRIBUTOR of the amount invested, duly updated by the IGP-M applied to the depreciation of the assets up to the termination date. 14.7 Irrespective of the cause of the termination, the payment of the indemnities corresponding to the remaining costs referring to the investments made to the DISTRIBUTION SYSTEM and the commitments undertaken by the DISTRIBUTOR before its subsections; (b) if the CUSTOMER files for judicial or extrajudicial recovery proceedings, regardless of being granted or not; (c) in the event of noncompliance with the rules set out in the IBX POLICIESsuppliers, as set forth thereina consequence of the service to the facilities of the GENERATOR shall not be harmed. 8.2.1. Instead of sending notice to the CUSTOMER in the situations described in Clause 8.2, EQUINIX may, at its own discretion, notify the customer and provide a set period to correct the irregularity. While the remedy is being arranged, EQUINIX reserves the right to suspend the provision of services under this Agreement, pursuant to article 476 14.8 The termination of the Brazilian Civil Code. If present CUSD shall not imply the irregularity has not been remedied after the end deactivation of the granted period, this Agreement will be lawfully terminatedCONNECTION POINTS and of the CONNECTION FACILITIES. 8.3. If the CUSTOMER fails, in whole or in part, for a period of thirty