Common use of Breach by a Party Clause in Contracts

Breach by a Party. The provisions of Section 15.1 of the Operating Agreement shall apply to a Party’s (a) failure to pay any amount due under this Agreement when due or (b) breach of any material obligation under this Agreement. In addition to the remedies available to the Office of the Interconnection set forth in Section 15.1 of the Operating Agreement, if the Party fails to cure such non-payment or breach, the Office of the Interconnection and the remaining Parties may, without an election of remedies, exercise all remedies available at law or in equity or other appropriate proceedings. Such proceedings may include (a) the commencement of a proceeding before the appropriate state regulatory commission(s) to request suspension or revocation of the breaching Party's license or authorization to serve retail load within the state(s) and/or (b) bringing any civil action or actions or recovery of damages that may include, but not be limited to, all amounts due and unpaid by the breaching Party, and all costs and expenses reasonably incurred in the exercise of its remedies hereunder (including, but not limited to, reasonable attorneys’ fees).

Breach by a Party. The provisions of Section Operating Agreement, section 15.1 of the Operating Agreement shall apply to a Party’s (a) failure to pay any amount due under this Agreement when due or (b) breach of any material obligation under this Agreement. In addition to the remedies available to the Office of the Interconnection set forth in Section 15.1 of the Operating Agreement, section 15.1, if the Party fails to cure such non-payment or breach, the Office of the Interconnection and the remaining Parties may, without an election of remedies, exercise all remedies available at law or in equity or other appropriate proceedings. Such proceedings may include (a) the commencement of a proceeding before the appropriate state regulatory commission(s) to request suspension or revocation of the breaching Party's license or authorization to serve retail load within the state(s) and/or (b) bringing any civil action or actions or recovery of damages that may include, but not be limited to, all amounts due and unpaid by the breaching Party, and all costs and expenses reasonably incurred in the exercise of its remedies hereunder (including, but not limited to, reasonable attorneys’ fees).

Breach by a Party. The provisions of Section Operating Agreement, sSection 15.1 of the Operating Agreement shall apply to a Party’s (a) failure to pay any amount due under this Agreement when due or (b) breach of any material obligation under this Agreement. In addition to the remedies available to the Office of the Interconnection set forth in Section Operating Agreement, sSection 15.1 of the Operating Agreement, if the Party fails to cure such non-payment or breach, the Office of the Interconnection and the remaining Parties may, without an election of remedies, exercise all remedies available at law or in equity or other appropriate proceedings. Such proceedings may include (a) the commencement of a proceeding before the appropriate state regulatory commission(s) to request suspension or revocation of the breaching Party's license or authorization to serve retail load within the state(s) and/or (b) bringing any civil action or actions or recovery of damages that may include, but not be limited to, all amounts due and unpaid by the breaching Party, and all costs and expenses reasonably incurred in the exercise of its remedies hereunder (including, but not limited to, reasonable attorneys’ fees).