Either Party. (the "Auditing Party"), upon thirty (30) days' prior written notice to the other Party (the "Audited Party"), may conduct an audit of the Audited Party's Records for the purpose of verifying the accuracy and completeness of any report or other information provided by the Audited Party under this Agreement. Any such audit will be conducted (a) in a manner that will not unreasonably interfere with the Audited Party's operations, and (b) by an independent certified public accounting firm that is reasonably acceptable to the Audited Party and that has agreed in writing to protect the confidentiality of the Audited Party's Records and other information. A Party may conduct an audit under this Section no more than once during any twelve-month period. The costs of any such audit will be borne by Auditing Party; provided, however, that if any audit determines that the report or other information subject to the audit is inaccurate or incomplete by greater than ten percent (10%) (as measured by an appropriate measure reasonably determined by the auditor), the Audited Party will promptly reimburse the Auditing Party for all reasonable expenses incurred to conduct the audit.
Either Party has the right to terminate this Agreement immediately and without notice if: (i) an order is made for the winding-up of the other Party; (ii) an effective resolution is passed for the winding-up of a Party, other than that Party's voluntary winding-up solely for the purposes of amalgamation or reorganization; or (iii) an administrative receiver or receiver is appointed over the whole or substantially all of the other Party's assets.
Examples of Either Party in a sentence
Either Party may terminate the Contract for cause, in whole or in part, upon thirty (30) day’s notice, in writing, to the other Party.
Either Party may unilaterally terminate this Annex by providing thirty (30) calendar days written notice to the other Party.
Either Party may enter into this Agreement by signing any such counterpart.
Either Party may unilaterally terminate this Agreement by providing thirty (30) calendar days written notice to the other Party.
Either Party may change its address for notices by providing written notice to the other Party.
More Definitions of Either Party
Either Party. (the "Terminating Party") shall have the right to terminate this Agreement forthwith upon giving written notice of termination to the other Party (the "Defaulting Party") upon the occurrence of any of the following events at any time during this Agreement:
Either Party means "any of the parties"; (d) "both of the parties" shall mean "all of the parties"; and (e) "other party" shall mean "other parties".
Either Party s ability to supply Products under this Agreement is dependent on continued availability of necessary raw material and petroleum products from its usual and anticipated suppliers and continued availability of energy supplies. If raw materials, petroleum products, or energy supplies are not readily available in sufficient quantities to permit a party to meet its total commitments for Products, that party shall have the right to allocate, in a fair and reasonable manner, among its customers and its own requirements, the Products as are available. In addition, the party shall not be obligated to make up deliveries of Product. However, Xxxxx shall only be relieved from the Minimum Dollar Commitment or Basic Term Minimum Dollar Commitment if the event of force majeure results in (1) no product being available in the market or (2) all routes of pipeline or water access from such market being unavailable.
Either Party means either Party A or Party B.
Either Party. (the "Terminating Party") may terminate the Agreement where the other Party (The "Defaulting Party") is in default in the performance of any material term under this Agreement and has failed to cure the default within sixty (60) days from the date of written notice from the Terminating Party; provided that if the Defaulting Party is the LESO and the cause of the default is failure of payment of the Charges, then the applicable cure period shall be reduced as provided for in Clause 10.6.
Either Party means Island Breeze International or GM.
Either Party s failure to enforce, at any time, any of the provisions of this Agreement or any right with respect thereto shall not be considered a waiver of such provisions or rights or in any way affect the validity of same. Either Party's exercise of any of its rights shall not preclude or prejudice said Party thereafter from exercising the same or any other right it may have irrespective of any previous action by said Party.