Breach and Default Sample Clauses

Breach and Default. 7.6.1 No Breach of this Agreement shall exist where such failure to discharge an obligation (other than the payment of money) is the result of a Force Majeure Event or the result of an act or omission of the other Parties. Upon a Breach, the non-breaching Party shall give written notice of such Breach to the Breaching Party. Except as provided in article 7.6.2, the Breaching Party shall have 60 calendar days from receipt of the Breach notice within which to cure such Breach; provided however, if such Breach is not capable of cure within 60 calendar days, the Breaching Party shall commence such cure within 20 calendar days after notice and continuously and diligently complete such cure within six months from receipt of the Breach notice; and, if cured within such time, the Breach specified in such notice shall cease to exist.
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Breach and Default. 7.6.1 No Breach of this Agreement shall exist where such failure to discharge an obligation (other than the payment of money) is the result of a Force Majeure event or the result of an act or omission of the other Parties, provided that a Breach of this Agreement by the Interconnection Customer or Niagara Wind Power shall not be excused by the act or omission of the other. Upon a Breach, the non-breaching Party shall give written notice of such Breach to the Breaching Party. Except as provided in article 7.6.2, the Breaching Party shall have 60 calendar days from receipt of the Breach notice within which to cure such Breach; provided however, if such Breach is not capable of cure within 60 calendar days, the Breaching Party shall commence such cure within 20 calendar days after notice and continuously and diligently complete such cure within six months from receipt of the Breach notice; and, if cured within such time, the Breach specified in such notice shall cease to exist.
Breach and Default. 23 5.1 Events of Default 23 5.2 Rights Upon Default 25 5.3 Damages Resulting From an Event of Default 26 5.4 Declaration of an Early Termination Date and Calculation of Settlement Amount and Termination Payment 29 5.5 Step-up Provision 32 5.6 Setoff of Payment Obligations of The Non-Defaulting Party 33 5.7 Preservation of Rights of Non-Defaulting Party 33 ARTICLE 6: CREDITWORTHINESS 33 6.1 Applicability 33 6.2 Creditworthiness Determination 34 6.3 Independent Credit Requirement 34 6.4 Independent Credit Threshold 35 6.5 Xxxx-to-Market Credit Exposure Methodology 40
Breach and Default. 15 7.1. Breach 15 7.2. Default 15 7.3. Remedies 16
Breach and Default. 36 5.1 Events of Default 36 5.2 Rights upon Default 40 5.3 Damages Resulting From an Event of Default 41 5.4 Declaration of an Early Termination Date and Calculation of Settlement Amount and Termination Payment 45 5.5 Step-Up Provision 48 5.6 Setoff of Payment Obligations of the Non-Defaulting Party 50 5.7 Preservation of Rights of Non-Defaulting Party 51 ARTICLE 6 CREDITWORTHINESS 52 6.1 Applicability 52 6.2 Creditworthiness Determination 52 6.3 Credit Exposure 53
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Breach and Default. A breach of this Agreement ("Breach") shall occur upon the failure of a Party to perform or observe any material term or condition of this Agreement. Upon a Breach by one Party, the non-breaching Party shall give written notice of such Breach to the breaching Party. The Party in Breach shall have thirty (30) days from the date of the written notice to cure the Breach. If a Breach is not cured within the thirty (30) day period provided for herein, the party in Breach shall be deemed in default ("Default"). If the Breach is not cured within 30 business days, the Utility, at its sole discretion, may apply a remedy and bill the Applicant. The Applicant shall pay this bill within 5 business days. The non-defaulting Party shall then have the right to terminate this Agreement by written notice, shall be relieved of any further obligations hereunder, and may pursue any and all remedies available to it at law or in equity.
Breach and Default. A breach of this Agreement (“Breach”) shall occur upon the failure of a Party to perform or observe any material term or condition of this Agreement. Upon a Breach by one Party, the non-breaching Party shall give written notice of such Breach to the breaching Party. The Party in Breach shall have thirty (30) days from the date of the written notice to cure the Breach. If a Breach is not cured within the thirty (30) day period provided for herein, the party in Breach shall be deemed in default (“Default”). The non-defaulting Party shall then have the right to terminate this Agreement by written notice, shall be relieved of any further obligations hereunder, and may pursue any and all remedies available to it at law or in equity.
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