Common use of Cure and Default Clause in Contracts

Cure and Default. Upon a Party's breach of its obligations under this Agreement, (except for breaches described in (c), (d), and (e) of Section 9.1.2, whose occurrence shall constitute a default by the Party), the other Party (hereinafter the "Non-Breaching Party") shall give such Party in breach (the "Breaching Party") a written notice specifying the nature of the breach, describing the breach in reasonable detail, and demanding that the Breaching Party cure such breach. The Breaching Party shall be deemed to be in default of its obligations under this Agreement (i) if it fails to cure its breach within thirty (30) days after its receipt of such notice, (ii) where the breach is such that it cannot be cured within thirty (30) days after its receipt of such notice, the Breaching Party does not in good faith commence within thirty (30) days all such steps as are commercially reasonable efforts that are necessary and appropriate to cure such breach and thereafter diligently pursue such steps to completion, or (iii) where the breach cannot be cured within any commercially reasonable period of time.

Appears in 2 contracts

Sources: Power Purchase Agreement (Energy East Corp), Power Purchase Agreement (Ch Energy Group Inc)

Cure and Default. Upon a Party's breach of its obligations under this Agreement, (except for breaches described in (c), (d), (e), and (ef) of Section 9.1.211.4.2, whose occurrence shall constitute a default by the Party), the any other Party (hereinafter the "Non-Breaching Party") shall give such Party in breach (the "Breaching Party") a written notice specifying the nature of the breach, describing the breach in reasonable detail, and demanding that the Breaching Party cure such breach. The Breaching Party shall be deemed to be in default of its obligations under this Agreement if (i) if the breach is such that it can be cured within thirty (30) days and the Breaching Party fails to cure its the breach within thirty (30) days after its receipt of such notice, (ii) where the breach is such that it cannot be cured within thirty (30) days after its receipt of such noticedays, and the Breaching Party does not in good faith commence within thirty (30) days all such steps as are commercially reasonable efforts that are necessary and reasonable, necessary, and/or appropriate to cure such breach and thereafter diligently pursue such steps to completion, or (iii) where the breach cannot be cured within any commercially reasonable period of time.

Appears in 1 contract

Sources: Interconnection Agreement (Energy East Corp)