Term Contract Clauses (29,607)

Term. Unless extended pursuant to this Section or terminated earlier pursuant to Section 4 below, the initial period of Advisor's engagement under this Agreement shall expire on the day prior to the one (1) year anniversary of the Effective Date (the "Initial Term"). Upon expiration of the Initial Term, this Agreement will automatically renew for consecutive one (1) year terms (each a "Renewal Term") unless either party provides the other party written notice of his or its intention to not to renew... this Agreement at least thirty (30) days prior to the end of the Initial Term, or of any Renewal Term once the Agreement has been continued beyond the Initial Term. The period from the Effective Date until the end of the Initial Term, or any applicable Renewal Term, as the case may be, is hereinafter referred to as the "Advising Term." 4. Termination. (a) Early Termination. In the event either party fails to comply with any of the terms of this Agreement and fails to cure such non-compliance to the reasonable satisfaction of the non-breaching party within fifteen (15) days after receipt of written notice of such breach, the non-breaching party may immediately terminate this Agreement. (b) Termination for Cause. The Company may immediately terminate this Agreement for "cause" by giving Advisor written notice of such conduct and the Company's intention to terminate. For purposes of this Agreement, "cause" shall mean, with respect to Advisor: (i) the commission of fraud against the Company, or the misappropriation, theft or embezzlement of the assets of the Company, or the performance of illegal or fraudulent acts, criminal conduct, or willful misconduct materially injurious to the business of the Company; or (ii) conduct which materially and adversely affects the Company, or the business, operations, financial condition, or goodwill of the Company. (c) No Cause Termination. (i) This Agreement may be terminated at any time by either party by providing the other party with at least thirty (30) days prior written notice of such party's intention to terminate this Agreement. (ii) During any such notice period, Advisor agrees to use his reasonable best efforts to continue his work for the Company and the Company agrees to continue compensating Advisor until the termination date with the same compensation as before the notice was given. (d) Effect of Termination. Upon expiration or termination of this Agreement, neither party shall have any further obligations hereunder, except for obligations incurred prior to the date of expiration or termination. Notwithstanding any termination of this Agreement, the provisions of Sections 7 through 22 shall survive. View More

Term. 5.1 Maturity Date. This Agreement shall continue in effect until the Maturity Date, subject to Sections 5.2, 5.3 and 5.4 hereof. 5.2 Early Termination. This Agreement may be terminated prior to the Maturity Date as follows: (i) if expressly permitted in the Schedule, by Borrower, effective three (3) Business Days after written notice of termination is given to NBE and payment in full in cash of all Obligations (other than inchoate indemnity obligations); or (ii) by NBE at any time after the... occurrence and during the continuance of an Event of Default, without notice or demand, effective immediately. If a Borrower right to prepay Obligations is provided in the Schedule and the exercise of such right is subject to payment of any consideration to NBE as a condition to such exercise, a Borrower Default or Event of Default that results in an acceleration of Obligations and/or termination of this Agreement shall not relieve Borrower of the obligation to pay such consideration, which shall be included in the Obligations required to be paid or performed by Borrower. 5.3 Payment of Obligations. On the Maturity Date or on any earlier effective date of termination, Borrower shall pay and perform in full all Obligations (other than inchoate indemnity obligations), whether evidenced by installment notes or otherwise, and whether or not all or any part of such Obligations (other than inchoate indemnity obligations) are otherwise then due and payable. Notwithstanding any termination of this Agreement, (i) all of NBE's security interests in all of the Collateral and all of the terms and provisions of this Agreement shall continue in full force and effect until all Obligations (other than inchoate indemnity obligations) have been paid and performed in full, and (ii) NBE shall have no obligation to make further Loans or other extensions of credit (if any are contemplated by this Agreement), all of which shall be in NBE's sole and absolute discretion. No termination shall in any way affect or impair any right or remedy of NBE, nor shall any such termination relieve Borrower of any Obligation to NBE, until all of the Obligations (other than inchoate indemnity obligations) have been paid and performed in full. Upon payment and performance in full of all the Obligations (other than inchoate indemnity obligations), NBE shall promptly terminate its Security Instruments with respect to Borrower and deliver to Borrower such other documents as may be required to fully terminate NBE's Liens in Borrower Collateral, or provide Borrower and its attorneys and agents with written evidence granted to such Persons of authority to do so. All NBE out-of-pocket costs (including reasonable fees and costs of attorneys) incurred by NBE in connection with termination of Liens by NBE and reviewing and executing Lien terminations prepared by such other Persons shall be Lender Expenses and promptly reimbursed by Borrower upon NBE invoice. 5.4 Survival of Certain Obligations. Without limiting the survival of obligations addressed otherwise in this Agreement and notwithstanding any other provision of this Agreement, all covenants, representations and warranties made in this Agreement continue in full force until this Agreement has terminated pursuant to its terms and all Obligations (other than inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of this Agreement) have been paid in full and satisfied. The obligation of Borrower in Section 8.9 hereof to indemnify NBE shall survive until the statute of limitations with respect to such claim or cause of action shall have run. View More

Term. The term of this Agreement shall be for a twelve (12)-month period commencing on November 1, 2022 and ending on September 30, 2023 (the initial "Term"), unless sooner terminated in writing by mutual consent or pursuant to the provision of Section 6 below. Unless notice of intention to terminate this Agreement at the end of the Initial Term is given, in writing by Executive to Company at least thirty (30) days prior to the end of the initial term, or any extension period, and provided that... Executive has not breached in any material fashion any of the terms of conditions of their Agreement, then this Agreement shall automatically be renewed and extended for up to three (3) consecutive one (1) year periods upon the terms and conditions set forth herein, unless different terms are agreed to between the parties in writing. She shall perform all reasonable acts customarily associated with such roles, or necessary and/or desirable to protect and advance the interests of the Company. Executive shall report to the Company's Board of Directors (the "BOD").The Executive agrees to perform to the best of their ability, experience and talent those acts and duties, consistent with the position of COO and Interim CEO & Presidents the BOD shall from time to time lawfully direct. During the Term, the Executive also shall serve in such other executive-level positions or capacities as may, from time to time, be reasonably requested by the BOD, including, without limitation (subject to election, appointment, re-election or re-appointment, as applicable) as (a) a member of a governing body of any of the Company's subsidiaries or other Affiliates (as defined below), (b) an officer of any of the Company's subsidiaries or other Affiliates, and/or (c) a member of any committee of the Company and/or any of its subsidiaries or other Affiliates, in each case, for no additional compensation. As used in this Agreement, "Affiliate" of any individual or entity means any other individual or entity that directly or individual controls, is controlled by, or is under common control with, the individual or entity. EXECUTIVE CONSULTING AGREEMENTK. Wilson 3. Extent and Nature of Services. Executive shall devote approximately forty (40) to fifty (50) hours a week the Company's business as may be required to properly perform their duties. View More

Term. 3.1 Initial Term. 3.2 Renewal. 3.3 Termination.

Term. This Agreement shall be effective as of the date hereof and shall continue in effect until and shall terminate (a) automatically upon the date that the common stock of the Company is uplisted to the Nasdaq Stock Market or the New York Stock Exchange from the OTC Markets Group Inc., (b) with the written consent of each of the parties hereto, (c) automatically in the event that Ross Sklar owns less than 30% of the issued and outstanding common stock of the Company and is no longer Chief Executive... Officer of the Company, or (d) automatically in the event that the Company makes an assignment for the benefit of its creditors, commences any bankruptcy proceedings or other proceedings the nature of bankruptcy proceedings, or has commenced against it any bankruptcy proceedings or other proceedings the nature of bankruptcy proceedings that are not dismissed within sixty (60) days of such commencement. View More

Term. This Agreement shall be effective as of the Effective Date and shall remain in effect for 90 days, unless sooner terminated by the mutual agreement of the Indemnitor and the Company with the approval of the Board (the "Term"). At the option of the Company, exercisable by providing written notice to the Indemnitor at least thirty (30) days prior to expiration of the end of the then current Term, the Company may elect to extend the Term for an additional 90-day period for up to a total of seven... (7) additional 90-day periods, in each case upon the payment in connection with each such extension of an additional amount equal to the 90-Day Fee Amount at the time of such exercise of such option. Expiration or termination of this Agreement shall operate prospectively only, so that all provisions of this Agreement shall remain in full force and effect as to any claim asserted against an Indemnitee during the Term, and as to any claim asserted against an Indemnitee after the Term but that arises from an Indemnifiable Event that occurred during the Term. View More

Term. This Agreement shall be for a term commencing on the Amendment Date and ending on the third anniversary of the Amendment Date (such period of employment "Initial Term"), followed by automatic renewals of one (1) year thereafter (each a "Renewal Term" and, together with the Initial Term, "Term") unless the Company or the Executive provides written notice of termination to the other Party at least ninety (90) days prior to the end of the Initial Term or any Renewal Term. For the purposes hereof,... the termination of this Agreement due to the Company providing written notice of termination pursuant to this Section 1 at least ninety (90) days prior to the end of the Initial Term or any Renewal Term will be deemed to be a termination of Executive's employment by Company without Cause. View More

Term. The actual term of this Lease (as the same may be extended or earlier terminated in accordance with this Lease, the "Term") commenced on April 6, 2018 (the "Commencement Date") and shall end on December 7, 2033, subject to extension or earlier termination of this Lease as provided herein."

Term. The initial term of this SOW No. 4 (the "Initial Term") shall begin on the Effective Date and it shall expire twelve (12) months thereafter, provided that the term of this SOW No. 4 shall automatically be extended for successive twelve (12) month periods (each a "Renewal Term", with the "Initial Term" and all "Renewal Term(s)" collectively referred to as the "Term"), unless either Party has given the other Party written notice of termination at least three (3) months prior to the expiration of... the then-current Term. Notwithstanding any such automatic renewal, prior to each anniversary of the Effective Date, the Parties agree to review and meet and confer in good faith regarding any changes to the compensation terms set forth in IV.3. View More

Term. The Purchase Price will be paid by Buyer as follows: a) Within three (3) business days of the Effective Date of this Agreement, Buyer will deposit $50,000 (the "Earnest Money") into an interest-bearing account with First American Title Insurance Company, 1380 17th Street, Denver, CO 80202, Attn: Lisa Ray; phone number: (303) 876-1134; email: [email protected] (the "Closing Agent" or "Title Company" or "Escrow Agent"). Upon expiration of the Review Period (as defined below), Earnest Money shall... become non-refundable. The Earnest Money shall be credited against the Purchase Price when and if escrow closes and the sale is completed. b) Buyer will deposit the balance of the Purchase Price into escrow in sufficient time to allow escrow to close on the Closing Date. 1 5. Due Diligence. Buyer will have forty-five (45) days from the Effective Date of this Agreement (the "Review Period") to conduct all of its inspections and due diligence and satisfy itself regarding the Property and this transaction. Buyer agrees to indemnify and hold Seller harmless for any loss or damage to the Property or persons caused by Buyer or its agents arising out of such physical inspections of the Property, and this indemnity shall survive Closing or termination of this Agreement. Within three (3) business days of the Effective Date of this Agreement, Seller shall provide, to the extent such items are in its possession, the items listed on Exhibit "B" ("Seller's Materials"). Buyer may cancel this Agreement before the expiration of the Review Period for any reason in its sole discretion by delivering a cancellation notice to Seller and Closing Agent prior to the expiration of the Review Period. If this Agreement is not cancelled as set forth above, the Earnest Money shall be non-refundable unless Seller shall default hereunder, or in the event of a casualty or condemnation, subject to the provisions of Section 16 below. If Buyer cancels this Agreement before the expiration of the Review Period, as permitted under this Section, except for any escrow cancellation fees charged by the Title Company and any liabilities under the first paragraph of Section 5 of this Agreement and those provisions stating otherwise (which will survive), Seller (after execution of such documents reasonably requested by Seller to evidence the termination hereof) shall return to Buyer its Earnest Money and Buyer will have absolutely no rights, claims or interest of any type in connection with the Property or this transaction, regardless of any alleged conduct by Buyer, Seller or anyone else. If Buyer fails to close this transaction at no fault of Seller, Buyer will be irrevocably deemed in default of this Agreement. Upon default by Buyer, Seller may, as its option, retain the Earnest Money as its sole and exclusive remedy and declare this Agreement null and void, in which event Buyer will be deemed to have cancelled this Agreement and relinquish all rights in and to the Property, or Seller may exercise its rights hereunder. The Review Period will be deemed satisfied if Buyer has deposited the Earnest Money as required by Section 4 hereof, and this agreement is not cancelled. View More