Common use of Default by County Clause in Contracts

Default by County. BOWERMAN POWER shall have the right (in addition to any other right they may have at law or in equity) to terminate this Agreement: (i) If COUNTY fails timely to pay any sums due to ▇▇▇▇▇▇▇▇ POWER under this Agreement and fails to cure such failure within thirty (30) days after ▇▇▇▇▇▇▇▇ POWER gives written notice of default to COUNTY; (ii) If COUNTY defaults in the performance of any other material obligation of the Agreement and fails to cure same within ninety (90) days after ▇▇▇▇▇▇▇▇ POWER gives written notice of default to COUNTY, unless such default is excused by the provisions of Section 2.14 (Force Majeure); (iii) If COUNTY fails to pay its undisputed debts as they become due or admits in writing its inability to pay its debts or makes a general assignment for the benefit of creditors; (iv) If a case is commenced by or against COUNTY under Title 11 of the United States Bankruptcy Code as now in force or hereafter amended and if the same is not dismissed within ninety (90) days; (v) If a trustee or receiver is appointed to take possession of substantially all of COUNTY’s interest in this Agreement, where such seizure is not discharged within ninety (90) days; or (vi) If COUNTY convenes a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts.

Default by County. BOWERMAN ▇▇▇▇▇▇▇▇ POWER shall have the right (in addition to any other right they may have at law or in equity) to terminate this Agreement: (i) If COUNTY fails timely to pay any sums due to ▇▇▇▇▇▇▇▇ POWER under this Agreement and fails to cure such failure within thirty (30) days after ▇▇▇▇▇▇▇▇ POWER gives written notice of default to COUNTY; (ii) If COUNTY defaults in the performance of any other material obligation of the Agreement and fails to cure same within ninety (90) days after ▇▇▇▇▇▇▇▇ POWER gives written notice of default to COUNTY, unless such default is excused by the provisions of Section 2.14 (Force Majeure); (iii) If COUNTY fails to pay its undisputed debts as they become due or admits in writing its inability to pay its debts or makes a general assignment for the benefit of creditors; (iv) If a case is commenced by or against COUNTY under Title 11 of the United States Bankruptcy Code as now in force or hereafter amended and if the same is not dismissed within ninety (90) days; (v) If a trustee or receiver is appointed to take possession of substantially all of COUNTY’s ’S interest in this Agreement, where such seizure is not discharged within ninety (90) days; or (vi) If COUNTY convenes a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts.