Department Default Clause Samples

Department Default. Because of the limited nature of this Agreement, an Event of Default by the Department shall mean the failure to accept, and reimburse Contractors for, Phase Deliverables in accordance with this Agreement.

Department Default. The occurrence of any one or more of the following events or conditions shall constitute a Department Default: (a) the Department fails to make any payment due to the Development Entity under this PPA when due; provided, that such payment is not subject to a good faith Dispute; (b) any representation or warranty made by the Department under Section 21.2 (Department Representations and Warranties) is false or materially misleading or inaccurate when made in each case in any material respect or omits material information when made;

Department Default. Department shall be in default under this Agreement upon the occurrence of any of the following events: a. Department fails to perform, observe or discharge any of its covenants, agreements, or obligations set forth herein; or b. Any representation, warranty or statement made by Department herein or in any documents or reports made by Department in connection herewith that are reasonably relied upon by LPHA to measure performance by Department is untrue in any material respect when made.

Department Default. Department shall be in default under this Agreement upon the occurrence of any of the following events: a. Department fails to perform, observe, or discharge any of its covenants, agreements, or obligations set forth herein and does not correct such failure within 90 days of written notice thereof, in accordance with a corrective action plan submitted to DA within 30 days after the written notice; or b. Any representation, warranty, or statement made by Department herein is untrue in any material respect when made and Department does not correct such inaccuracy, and address any consequences thereof within 90 days of written notice thereof, in accordance with a corrective action plan submitted to DA within 30 days after the written notice.

Department Default. The Department shall be in breach of this Agreement upon the occurrence of any one or more of the following events or conditions (each a “Department Default”): 18.3.1.1 The Department fails to make any payment due Developer under this Agreement when due and to provide with such payment any Milestone Payment Certificate or Quarterly Payment Certificate, as applicable, required in connection with the payment in accordance with Section 11.5.7 or 11.5.8, as applicable, provided that such payment is not subject to a Dispute. If Developer receives any payment from the Department for which the Milestone Payment Certificate or a Quarterly Availability Payment Certificate is required but not provided, Developer shall have the right to (a) decline the entire payment and thereupon declare a Department Default under this Section 18.3.1.1 or (b) retain the entire payment, in which case no Department Default shall exist under this Section 18.3.1.1 unless the Department does not cure the failure to deliver the applicable certificate within 30 days after the payment due date, whereupon Developer shall return the payment to the Department and may declare a Department Default under this Section 18.3. 1.1. If Developer does not choose the option under clause (a) above within ten days after receiving the payment, then such option shall expire and Developer shall be deemed to have chosen the option under clause (b) above. For the avoidance of doubt, ▇▇▇▇▇▇▇▇▇ shall have no right to decline a payment or declare a Department Default under this Section 18.3.1.1 solely due to a failure of the Department to deliver an Annual Availability Payment Certificate; 18.3.1.2 Subject to Section 17.4, any representation or warranty made by the Department under Section 17.2 of this Agreement is false, misleading or inaccurate in any material respect when made or omits material information when made; 18.3.1.3 The Department or any other Governmental Entity confiscates, sequesters, condemns or appropriates the Project or any material part thereof, or Developer’s Interest or any material part thereof, excluding a Termination for Convenience or any other exercise of a right of termination set forth in this Agreement; 18.3.1.4 The Department fails to prioritize any payments under this Agreement in accordance with Section 11.5; or 18.3.1.5 The Department fails to deliver when due an Annual Availability Payment Certificate in accordance with Section 11.5.9 and the Department does not cure such failu...

Department Default. The Department shall be in breach of this Agreement upon the occurrence of any one or more of the following events or conditions (each a “Department Default”): 18.3.1.1 The Department fails to make any payment due Developer under this Agreement when due; provided that such payment is not subject to a Dispute; 18.3.1.2 Any representation or warranty made by the Department under Section 17.2 of this Agreement is false or materially misleading or inaccurate when made in any material respect or omits material information when made; or 18.3.1.3 The Department or any other Governmental Entity confiscates, sequesters, condemns or appropriates the Project or any material part thereof, or Developer’s Interest or any material part thereof, excluding a Termination for Convenience or any other exercise of a right of termination set forth in this Agreement.

Department Default. The occurrence of any one or more of the following events during the Term will constitute a “Department Default” pursuant to this Agreement: (a) any representation or warranty made by the Department in this Agreement or in any other Project Agreement to which the Department and the Concessionaire are parties is false or misleading in any respect on the date made and a material adverse effect upon the Project or the Concessionaire’s rights or obligations under such Project Agreements results therefrom, and such circumstance continues without cure for a period of 90 Days following the date the Concessionaire delivers to the Department written notice thereof, with cure regarded as complete only when the adverse effects are remedied; ▇▇▇ ▇▇▇▇▇▇ #▇▇▇▇▇▇▇▇ ▇▇▇ (▇) the Department fails to comply with, perform or observe any material obligation, covenant, agreement, term or condition in this Agreement or any other Project Agreement to which it is a party, which failure materially adversely affects the Concessionaire’s Interest, and such failure continues without cure for a period of 90 Days following the date the Concessionaire delivers to the Department written notice thereof (giving particulars of the failure in reasonable detail) or for such longer period as may be reasonably necessary to cure such failure up to a maximum cure period of 180 Days; provided, that in the latter case, (i) the Department is proceeding with all due diligence to cure or cause to be cured such failure, (ii) the failure is capable of being cured within a reasonable period of time and (iii) such failure is in fact cured within such period of time; or (c) subject to Section 25.19, the Department fails to pay to the Concessionaire when due any undisputed amount in excess of $100,000, adjusted annually by the percentage increase in CPI, payable to the Concessionaire pursuant to this Agreement, and such failure continues without cure for a period of 90 Days following the date on which the Concessionaire delivers to the Department written notice thereof.

Department Default. 155 Section 19.05 Concessionaire Remedies upon Department Default ....................................156 Section 19.06 395 Concessionaire Breach ............................................................................156 Section 19.07 Limitations on 395 Concessionaire Breach ...................................................158 Section 19.08 Department Remedies upon 395 Concessionaire Breach ..............................158