Termination by Buyer or Seller. This Agreement may be terminated by either Buyer or Seller at any time before the Closing Date:
Termination by Buyer or Seller. Notwithstanding the Effective Date of this Agreement, if Seller does not become an affiliate of Sunrise Coal, LLC, an Indiana limited liability company, on or before December 31, 2014, either Buyer or Seller may terminate this Agreement immediately upon written notice to the other Party. Neither of the Parties shall have any obligation to the other hereunder following the termination of this Agreement pursuant to this Section 12.3.
Termination by Buyer or Seller. This Agreement may be terminated by Buyer or Seller at any time after September 30, 1996 (the "Termination Date") in the event that any condition set forth in Sections 6 or 7 hereof has not been satisfied or tendered by the party owing performance for any reason other than a material breach or default by such party of its respective covenants, agreements, or other obligations under this Agreement, or waived by the party for whose benefit the condition is intended. Upon such termination, neither Buyer nor Seller shall have any further obligation or liability to the other hereunder, except that Sections 14, 15, 16.05, 16.06 and 16.07 of this Agreement shall survive and continue in full force and effect notwithstanding such termination.
Termination by Buyer or Seller. If (i) a final, non-appealable order is issued by any Governmental Authority to restrain, enjoin or prohibit the consummation of the Transactions, (ii) the Closing shall not have occurred on or before September 30, 2001 through no fault of the terminating party, then either party may terminate this Agreement by written notice to the other.
Termination by Buyer or Seller. This Agreement may be terminated at any time prior to the Closing Date by Buyer or Seller (i) if the Closing has not occurred on or before November 30, 1998, unless the party seeking to invoke this subclause (i) is then in material breach of any of its obligations hereunder; (ii) if a court of competent jurisdiction or any governmental authority shall have issued an order, decree or ruling or taken any other action, in each case permanently restraining, enjoining or otherwise prohibiting the transactions contemplated by this Agreement, and such order, decree, ruling or other action shall have become final and nonappealable, or (iii) if the other party shall have breached or failed to comply in all material respects with its representations, warranties, covenants and agreements contained in this Agreement; provided, however, that if such breach or failure is reasonably capable of being cured on or before November 30, 1998 and such party commences such cure as soon as practicable and diligently prosecutes (subject to any other limitations of this Agreement) such cure, such party shall be entitled to postpone the Closing Date for a period reasonably sufficient to effect such cure to the reasonable satisfaction of the party asserting such breach or failure, but in no event beyond November 30, 1998.
Termination by Buyer or Seller. This Agreement may be terminated only as follows:
Termination by Buyer or Seller. This Agreement may be terminated by the Buyer or the Seller at any time after the Termination Date in the event that any condition to the terminating party's obligations set forth in Sections 6 or 7 hereof (other than deliveries to be made at the Consummation) has not been (i) satisfied or tendered by the party owing performance or (ii) waived by the terminating party (provided that the failure of such condition is not due to the breach of the terminating party), and upon such termination, neither Buyer nor Seller shall have any further obligation or liability to the other hereunder, except that Sections 13, 14.5, 14.6 and 14.7 of this Agreement shall survive and continue in full force and effect notwithstanding such termination.
Termination by Buyer or Seller. If (i) a final, non-appealable order is issued by any Governmental Authority to restrain, enjoin or prohibit the consummation of any of the Transactions, or (ii) the Transfer with respect to any of the Customer Contracts shall not have occurred on or before April 30, 2007 or any other or subsequent date to which the parties may mutually agree, then either party may terminate this Agreement by written notice to the other. Notwithstanding the foregoing, if a non-appealable order is issued by a state PUC to restrain, enjoin or prohibit the consummation of any of the Transactions, then within ten (10) days of the date such an order becomes final and non-appealable, the Buyer and Seller will initiate good faith negotiations to modify the Agreement to address the terms of the PUC order. If the parties are unable to successfully modify the Agreement, either party shall, at its option, have the right to terminate this Agreement by written notice to the other party.
Termination by Buyer or Seller. This Agreement may be terminated and the transactions contemplated hereby abandoned by Seller and OKFC on one hand or Buyer on the other hand: 14.2.1 At any time on or prior to the Closing Date if the other has, in any material respect, breached any covenant, undertaking, representation or warranty contained herein, and such breach has not been cured by such breaching party by the earlier of 30 days after the date on which notice pursuant to Subsection 14.4 is given to the breaching party or the Closing Date; 14.2.2 In the event any of the conditions precedent to the obligations of such party specified in Sections 11, 12 or 13, as applicable, of this Agreement has not been met as of the date required by this Agreement and, if not so met, has not been waived by such party; 14.2.3 At any time, if any regulatory approval required for consummation of the Acquisition is denied by the applicable regulatory authority, and the time period for appeals and requests for reconsideration has expired; or 14.2.4 In the event the acquisition contemplated by this Agreement has not been consummated by 5:00 p.m. Chicago time on June 30, 1996. 14.3
Termination by Buyer or Seller. Seller, at its option, may terminate this Agreement and keep all amounts paid by Buyer pursuant to subsections 2.2(a)(i) and (ii) of this Agreement in the event any of the conditions set forth in Article 7 have not been satisfied. Buyer, at its option, may terminate this Agreement and receive a refund of all amounts paid by Buyer pursuant to subsections 2.2(a)(i) and (ii) of this Agreement in the event any of the conditions set forth in Article 6 have not been satisfied. In no event shall any defect, condition, representation, covenant or warranty pertaining to the Section 20 Well or the Section 22 Field be the basis for terminating all or part of this Agreement. At or before Closing Buyer shall elect whether or not to include the Section 20 Well and the Section 22 Field as part of the Interests. If Buyer elects to include the Section 20 Well and the Section 22 Field, then those properties shall be included as part of the Interests. If Buyer elects to exclude the Section 20 Well or the Section 22 Field, then those properties shall be excluded from the Interests and the Colorado AMI and Buyer shall have not right, title or interest in them.
