Common use of Failure to Meet Delivery Conditions Clause in Contracts

Failure to Meet Delivery Conditions. If Seller fails to satisfy all of the Delivery Conditions by the deadlines set forth in Section 2.2(b), then a Seller’s Event of Default shall be deemed to occur in accordance with Section 7.1(a)(vi), and Buyer shall have no obligation to purchase any Distribution Services from Seller hereunder; provided that if Seller (a) anticipates that due to a Force Majeure, it will be unable to satisfy the Delivery Conditions set forth in Sections 2.2(a)(i) and 2.2(a)(iii) through 2.2(a)(viii) by the deadlines set forth in Section 2.2(b), then Seller may Notify Buyer of a Force Majeure Extension in accordance with Article Eight and such failure shall not be a Seller Event of Default; or (b) fails to satisfy one (1) Critical Milestone by the deadlines set forth in Appendix VI (as extended), but otherwise satisfies all other Critical Milestones by the deadlines set forth in Appendix VI, then such failure shall not be a Seller Event of Default.

Failure to Meet Delivery Conditions. If Seller fails to satisfy all of the Delivery Conditions by the deadlines set forth in Section 2.2(b)) , then a Seller’s Event of Default shall be deemed to occur in accordance with Section 7.1(a)(vi7.1(a)(v), and Buyer shall have no obligation to purchase any Distribution Services from Seller hereunder; provided that if Seller (a) anticipates that due to a Force Majeure, it will be unable to satisfy the Delivery Conditions set forth in Sections 2.2(a)(i) and ), 2.2(a)(iii) through 2.2(a)(viii), 2.2(a)(iv), or 2.2(a)(v) by the deadlines set forth in Section 2.2(b), then Seller may Notify Buyer of a Force Majeure Extension in accordance with Article Eight and such failure shall not be a Seller Event of Default; or (b) fails to satisfy one up to two (12) Critical Milestone Milestones by the deadlines set forth in Appendix VI VIII-B (as extended), but otherwise satisfies all other Critical Milestones by the deadlines set forth in Appendix VIVIII-B, then such failure shall not be a Seller Event of Default.

Failure to Meet Delivery Conditions. If Seller fails to satisfy all of the Delivery Conditions by the deadlines set forth in Section 2.2(b), then a Seller’s Event of Default shall be deemed to occur have occured in accordance with Section 7.1(a)(vi), and Buyer shall have no obligation to purchase any Distribution Services from Seller hereunder; provided that if Seller (a) anticipates that due to a Force Majeure, it will be unable to satisfy the Delivery Conditions set forth in Sections 2.2(a)(i) and 2.2(a)(iii) through 2.2(a)(viii) by the deadlines set forth in Section 2.2(b), then Seller may Notify Buyer of a Force Majeure Extension in accordance with Article Eight and such failure shall not be a Seller Event of Default; or (b) fails to satisfy one (1) Critical Milestone by the deadlines set forth in Appendix VI (as extended), but otherwise satisfies all other Critical Milestones by the deadlines set forth in Appendix VI, then such failure shall not be a Seller Event of Default.

Failure to Meet Delivery Conditions. If Seller fails to satisfy all of the Delivery Conditions by the deadlines set forth in Section 2.2(b), then a Seller’s Event of Default shall be deemed to occur in accordance with Section 7.1(a)(vi), and Buyer shall have no obligation to purchase any Distribution Energy Efficiency Services from Seller hereunder; provided that if Seller (a) anticipates that due to a Force Majeure, it will be unable to satisfy the Delivery Conditions set forth in Sections 2.2(a)(i) and ), 2.2(a)(iii) through 2.2(a)(viii), 2.2(a)(iv), or 2.2(a)(v) by the deadlines set forth in Section 2.2(b), then Seller may Notify Buyer of a Force Majeure Extension in accordance with Article Eight and such failure shall not be a Seller Event of Default; or (b) fails to satisfy one up to two (12) Critical Milestone Milestones by the deadlines set forth in Appendix VI VIII-A (as extended), but otherwise satisfies all other Critical Milestones by the deadlines set forth in Appendix VIVIII-A, then such failure shall not be a Seller Event of Default.

Failure to Meet Delivery Conditions. If Seller fails to satisfy all of the Delivery Conditions by the deadlines set forth in Section 2.2(b), then a Seller’s Event of Default shall be deemed to occur have occurred in accordance with Section 7.1(a)(vi), and Buyer shall have no obligation to purchase any Distribution Services from Seller hereunder; provided that if Seller (a) anticipates that due to a Seller claim of Force Majeure, it will be unable to satisfy the Delivery Conditions set forth in Sections 2.2(a)(i) and 2.2(a)(iii) through 2.2(a)(viii) by the deadlines set forth in Section 2.2(b), then Seller may Notify Buyer of a Force Majeure Extension in accordance with Article Eight and such failure shall not be a Seller Event of DefaultDefault during the course of the Force Majeure Extension period; or (b) fails to satisfy one (1) Critical Milestone by the deadlines set forth in Appendix VI (as extended), but otherwise satisfies all other Critical Milestones by the deadlines set forth in Appendix VI, then such failure shall not be a Seller Event of Default.