DAY DEFAULT Sample Clauses

DAY DEFAULT. 4.1 Each of the following events shall constitute a default by Day: (a) Any material representation or warranty furnished by Day in this Contract is false or misleading in any material respect when made; (b) Any failure by Day to perform or comply with any material provision of this Contract including breach of any covenant contained herein, provided that such failure continues for 60 days after written notice to Day demanding that such failure be cured or, if cure cannot be effective in such 60 days, Day fails to promptly begin to cure or diligently proceed to completion thereof. Day’s liability to Customer under the Guaranty shall be limited to energy savings guaranteed in connection with energy conservation measures that are typically installed by Day (or by Customer in accordance with the specifications and requirements hereof, and/or prepared on behalf of Day for the same, and Day reasonably accepts the work) such savings shall be determined in accordance with the appropriate guaranty exhibit and generally accepted engineering principals. In the event Customer proceeds to complete the services, it shall complete the same on or before the expiration of 120 calendar days after the date of termination of this Contract by Customer or in a reasonable time period, whichever is longer.