Common use of Customer Defaults Clause in Contracts

Customer Defaults. The occurrence at any time with respect to the Customer of any of the following events constitutes a Customer Default: (a) failure by the Customer to make, within twenty five (25) days after the Due Date, any payment stated herein, to be due from it hereunder (each, a "Payment Default"); provided, however, that failure to make a payment which results from the Customer's right of abatement pursuant to Section 6.1 hereof shall not be a Payment Default; (b) except as otherwise excused pursuant to Section 7.1 hereof, failure, other than a Payment Default, by the Customer to comply with or perform any agreement or obligation to be complied with or performed exclusively by the Customer in accordance with this Agreement, which failure is not the result of actions or omissions by the Supplier, or Music, if such failure is not remedied on or before the 30th day after notice of such failure is given to the Customer and Music by the Supplier, provided if such default is of such a nature that it cannot reasonably and with due diligence be cured within such thirty (30) day period and the Customer commences to cure such default within such thirty (30) day period and thereafter diligently and without interruption or delay completes the cure of such default within a reasonable period of time, but in no event to exceed one hundred eighty (180) days, it will not constitute a Customer Default.

Appears in 1 contract

Sources: Energy Service Agreement (Bh Re LLC)

Customer Defaults. The occurrence at any time with respect to the Customer of any of the following events constitutes a Customer Default: (a) failure by the Customer to make, within twenty five (25) days after the Due Date, any payment stated herein, herein to be due from it hereunder (each, a "Payment Default"); provided, however, that failure to make a payment which results from the Customer's right of abatement pursuant to Section 6.1 hereof shall not be a Payment Default; (b) except as otherwise excused pursuant to Section 7.1 hereof, failure, other than a Payment Default, by the Customer to comply with or perform any agreement or obligation to be complied with or performed exclusively by the Customer in accordance with this Agreement, which failure is not the result of actions or omissions by the Supplier, or Music, if such failure is not remedied on or before the 30th day after notice of such failure is given to the Customer and Music by the Supplier, provided if such default is of such a nature that it cannot reasonably and with due diligence be cured within such thirty (30) day period and the Customer commences to cure such default within such thirty (30) day period and thereafter diligently and without interruption or delay completes the cure of such default within a reasonable period of time, but in no event to exceed one hundred eighty (180) days, it will not constitute a Customer Default.

Appears in 1 contract

Sources: Energy Service Agreement (Aladdin Gaming Enterprises Inc)