Common use of EVENT OF DEFAULT AND SPECIFIC PERFORMANCE Clause in Contracts

EVENT OF DEFAULT AND SPECIFIC PERFORMANCE. Notwithstanding any other provision to the contrary herein, the Parties agree that it will be an Event of Default if (i) a Party fails, pursuant to Article 4.2(a), to cure a breach of any material provision of, or obligation under, this ESA, including but not limited to the provisions of Article 6, (ii) a Party becomes Bankrupt, (iii) in the case of Competitive Supplier, the Competitive Supplier fails to provide All-Requirements Supply as set forth in and subject to Article 4.2(d), (iv) a Party modifies, suspends or terminates the Program during the Term, except where such modification, suspension or termination is, through no fault of the Party, required by Governmental Rules, or (v) a Party seeks to terminate this ESA except as expressly authorized in this ESA, including Article

EVENT OF DEFAULT AND SPECIFIC PERFORMANCE. Notwithstanding any other provision to the contrary herein, the Parties agree that it will be an Event of Default if (i) a following receipt of notice from the non-defaulting Party, the defaulting Party fails, pursuant to Article 4.2(a), fails to cure a breach of with any material provision of, or obligation under, this ESA, including but not limited to the provisions of Article 6, (ii) a Party becomes Bankrupt, (iii) in the case of Competitive Supplier, the Competitive Supplier fails to provide All-Requirements Supply as set forth in and subject to Article 4.2(d), (iv) a Party modifies, suspends or terminates the Program during the Term, except where such modification, suspension or termination is, through no fault of the Party, Force Majeure, or required by Governmental Rules, or (v) a Party seeks to terminate this ESA except as expressly authorized in this ESA, including ArticleArticle 4.