Seller Termination. This Agreement may be terminated by Seller at any time prior to the Closing, if (a) Buyer shall have breached or failed to perform any of its representations, warranties, covenants or other agreements set forth in this Agreement, which breach or failure to perform (i) would result in the failure of the conditions set forth in Section 5.03(a) or 5.03(b) and (ii) is not capable of being cured by Buyer by the Outside Date or, if capable of being cured, shall not have been cured by Buyer on or before the earlier of (x) the Outside Date and (y) the date that is thirty (30) calendar days following Seller’s delivery of written notice to Buyer of such breach or failure to perform; (b) if any of the conditions set forth in Section 5.01 shall have become incapable of fulfillment; (c) if the Closing shall not have occurred on or before the Outside Date; provided, however, that Seller may only terminate this Agreement pursuant to (A) the preceding clause (a) if, at the time of termination, Seller is not in material breach of any of their representations, warranties, covenants or agreements contained in this Agreement or (B) the preceding clauses (b) and (c) if Seller’s material breach of their representations, warranties, covenants or agreements contained in this Agreement shall not have been the primary cause of the failure of the conditions set forth in Section 5.01 or the failure of the Closing to have occurred on or before the Outside Date, as applicable; or (d) if (i) the Marketing Period has ended and all the conditions set forth in Article V shall have been satisfied or, to the extent permitted, waived (other than those conditions that by their nature are to be satisfied at the Closing, provided that each such condition is capable of being satisfied if the Closing were to occur at such time), (ii) Seller has irrevocably confirmed in writing that it is prepared to effect the Closing pursuant to Section 2.01 and (iii) Buyer fails to consummate the Closing within three business days following the later of (x) the date on which the Closing was required to occur pursuant to Section 2.01 and (y) receipt of the confirmation described in clause (ii); provided that any termination of this Agreement by Buyer pursuant to Section 10.02(c) shall be deemed a termination pursuant to this Section 10.03(d) if prior to the time of such termination the conditions of clauses (i) and (ii) of this Section 10.03(d) had been satisfied.
Seller Termination. Seller may terminate this Offer and return Xxxxxxx Money and Extension Fee if Seller is unable to provide marketable title or Seller is unable or unwilling to remove valid objections to title prior to closing. If Property is damaged prior to closing, Seller reserves the right to terminate this Offer and return Xxxxxxx Money to Buyer or adjust the Purchase Price. Return of the Xxxxxxx Money shall release Seller from any claims arising from this transaction.
Seller Termination. Right Seller has a no-fault termination right that may be exercised at any time until that date which is three hundred sixty-five (365) days after the date that PG&E receives CPUC Approval of the CAES Agreement. 20 Indemnification Each of the Seller and PG&E would provide customary indemnities.
Seller Termination. We may terminate electricity supply service to you during the term of service if our charges are not paid within 45 days of your receipt of the bill, or a longer period as may be permitted by 220 CMR 11.05(3)(c). Prior to termination of electricity supply, we will render notice to you in accordance with Massachusetts law and regulations. We may terminate electricity supply if the bill remains unpaid except if the unpaid bill is the subject of a dispute resolution, in accordance with 220 CMR 25.00 and 220 CMR 11.07. If we terminate this Agreement for any reason other than non-payment, we will provide you written notification sent to your billing address via U.S. mail at least ten (10) days prior to the effective date of termination.
Seller Termination. The Seller may terminate this Agreement by written notice to the Buyer if the Buyer breaches any of its obligations, covenants, representations or warranties under this Agreement or any other Transaction Document (unless such breach is occasioned by an act or omission on the part of the Seller or GAIF II) and the same has not been cured to the satisfaction of the Seller within five Business Days after the date on which the Seller notifies the Buyer in writing of such failure (it being understood that this Agreement may not be terminated pursuant to this clause if such breach is cured during such five Business Day period).
Seller Termination. Seller shall have the right, in Seller’s sole and absolute discretion, to terminate this Agreement upon written notice to Host:
Seller Termination. The Seller may terminate this Contract immediately by written notice to the Buyer, if:
Seller Termination. This Agreement may be terminated by Seller:
Seller Termination. If Seller closes on the sale of the Property pursuant to the Initial Contract, Seller shall promptly notify Purchaser and the Agreement shall be deemed terminated and of no further force and effect, whereupon all deposits previously made in connection with the Agreement shall promptly be returned to Purchaser.
Seller Termination. This Agreement may be terminated unilaterally by Seller if: (i) the full Purchase Price for the Purchased Shares is not deposited with the Law Firm by Buyer on or before the close of business Eastern Standard Time of the date which is 72 hours before the Closing, unless an extension of time is agreed to in writing by both Parties; (ii) Buyer has failed to comply with all material terms of this Agreement; or (iii) the Closing has not occurred by December 27, 2018, for any reason which is not the fault of Seller.
