Common use of Failure to Perform Other Obligations Clause in Contracts

Failure to Perform Other Obligations. Unless due to a Force Majeure Event, the failure of Buyer to perform or cause to be performed any material obligation required to be performed by Buyer under this Agreement or the failure of any representation and warranty set forth herein to be true and correct as and when made; provided, however, that if such failure by its nature can be cured, then Buyer shall have a period of thirty (30) days after receipt of written notice of such failure to cure the same and a Buyer Default shall not be deemed to exist during such period; provided, further, that if Buyer commences to cure such failure during such period and is diligently and in good faith attempting to effect such cure, said period shall be extended for sixty (60) additional days.

Appears in 8 contracts

Samples: Repurchase Agreement (Bloom Energy Corp), First Amended (Bloom Energy Corp), First Amended (Bloom Energy Corp)

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Failure to Perform Other Obligations. Unless due to a Force Majeure Event, the failure of Buyer Seller to perform or cause to be performed any material other obligation required to be performed by Buyer Seller under this Agreement Agreement, or the failure of any representation and warranty set forth herein to be true and correct as and when made; provided, however, that if such failure by its nature can be cured, then Buyer Seller shall have a period of thirty (30) days after receipt of written notice of such failure to cure the same and a Buyer Seller Default shall not be deemed to exist during such period; provided, further, that if Buyer Seller commences to cure such failure during such period and is diligently and in good faith attempting to effect such cure, said period shall be extended for sixty (60) additional days.;

Appears in 6 contracts

Samples: Master Energy Server Purchase Agreement, Master Energy Server Purchase Agreement (Bloom Energy Corp), Master Energy Server Purchase Agreement (Bloom Energy Corp)

Failure to Perform Other Obligations. Unless due to a Force Majeure Event, the failure of Buyer Seller to perform or cause to be performed any other material obligation required to be performed by Buyer Seller under this Agreement Agreement, or the failure of any representation and warranty set forth herein to be true and correct as and when made; provided, however, that if such failure by its nature can be cured, then Buyer Seller shall have a period of thirty (30) days after receipt of written notice of such failure to cure the same and a Buyer Seller Default shall not be deemed to exist during such period; provided, further, that if Buyer Seller commences to cure such failure during such period and is diligently and in good faith attempting to effect such cure, said period shall be extended for sixty (60) additional days.;

Appears in 4 contracts

Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp)

Failure to Perform Other Obligations. Unless due to a Force Majeure Event, the failure of Buyer to perform or cause to be performed any material obligation required to be performed by Buyer under this Agreement or the failure of any representation and warranty set forth herein to be true and correct as and when made; provided, however, that if such failure by its nature can be cured, then Buyer shall have a period of thirty (30) days after receipt of written notice of such failure to cure the same and a Buyer Default shall not be deemed to exist during such period; provided, further, that if Buyer commences to cure such failure during such period and is diligently and in good faith attempting to effect such cure, said period shall be extended for sixty (60) additional days.

Appears in 3 contracts

Samples: Master Energy Server Purchase Agreement (Bloom Energy Corp), Master Energy Server Purchase (Bloom Energy Corp), Master Energy Server Purchase Agreement (Bloom Energy Corp)

Failure to Perform Other Obligations. Unless due to a Force Majeure Event, the failure of Buyer to perform or cause to be performed any material obligation required to be performed by Buyer under this Agreement or the failure of any representation and warranty set forth herein to be true and correct as and when made; provided, however, that if such failure by its nature can be cured, then Buyer shall have a period of thirty (30) days after receipt of written notice of such failure to cure the same and a Buyer Default shall not be deemed to exist during such period; provided, further, that if Buyer commences to cure such failure during such period and is diligently and in good faith attempting to effect such cure, said period shall be extended for sixty (60) additional days.; or

Appears in 3 contracts

Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Supply and Installation Agreement (Bloom Energy Corp)

Failure to Perform Other Obligations. Unless due to a Force Majeure Event, the failure of Buyer Owner to perform or cause to be performed any material obligation required to be performed by Buyer Owner under this Agreement or the failure of any representation and warranty set forth herein to be true and correct as and when made; provided, however, that if such failure by its nature can be cured, then Buyer Owner shall have a period of thirty (30) days after receipt of written notice of such failure to cure the same and a Buyer an Owner Default shall not be deemed to exist during such period; provided, further, that if Buyer Owner commences to cure such failure during such period and is diligently and in good faith attempting to effect such cure, said period shall be extended for sixty (60) additional days.; or

Appears in 1 contract

Samples: Master Operations and Maintenance Agreement (Bloom Energy Corp)

Failure to Perform Other Obligations. Unless due to a Force Majeure Event, the failure of Buyer to perform or cause to be performed any material obligation required to be performed by Buyer under this Agreement or the failure of any representation and warranty set forth herein to be true and correct as and when made; provided, however, that if such failure by its nature can be cured, then Buyer shall have a period of thirty (30) days after receipt of written notice of such failure to cure the same and a Buyer Default shall not be deemed to exist during such period; provided, further, that if Buyer commences to cure such failure during such period and is diligently and in good faith attempting to effect such cure, said period shall be extended for sixty (60) additional days.. 66

Appears in 1 contract

Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp)

Failure to Perform Other Obligations. Unless due to a Force Majeure Event, the failure of Buyer to perform or cause to be performed any material obligation required to be performed by Buyer under this Agreement or the failure of any representation and warranty set forth herein to be true and correct as and when made; provided, however, that if such failure by its nature can be cured, then Buyer shall have a period of thirty (30) days after receipt of written notice of such failure to cure the same and a Buyer Default shall not be deemed to exist during such period; provided, further, that if Buyer commences to cure such failure during such period and is diligently and in good faith 44 DM_US 164459518-11.107145.0012 attempting to effect such cure, said period shall be extended for sixty (60) additional days.; or

Appears in 1 contract

Samples: Supply and Installation Agreement (Bloom Energy Corp)

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Failure to Perform Other Obligations. Unless due to a Force Majeure Event, the failure of Buyer Owner to perform or cause to be performed any material obligation required to be performed by Buyer Owner under this Agreement or the failure of any representation and warranty set forth herein to be true and correct as and when made; provided, however, that if such failure by its nature can be cured, then Buyer Owner shall have a period of thirty (30) days after receipt of written notice of such failure to cure the same and a Buyer an Owner Default shall not be deemed to exist during such period; provided, further, that if Buyer Owner commences to cure such failure during such period and is diligently and in good faith attempting to effect such cure, said period shall be extended for sixty (60) additional days.; or DM_US 164459510-10.107145.0012

Appears in 1 contract

Samples: Master Operations and Maintenance Agreement (Bloom Energy Corp)

Failure to Perform Other Obligations. Unless due to a Force Majeure Event, the failure of Buyer Seller to perform or cause to be performed any material other obligation required to be performed by Buyer Seller under this Agreement Agreement, or the failure of any representation and warranty set forth herein to be true and correct as and when made; provided, however, that if such failure by its nature can be cured, then Buyer Seller shall have a period of thirty (30) [***] days after receipt of written notice of such failure to cure the same and a Buyer Seller Default shall not be deemed to exist during such period; provided, further, that if Buyer Seller commences to cure such failure during such period and is diligently and in good faith attempting to effect such cure, said period shall be extended for sixty (60) additional days.;

Appears in 1 contract

Samples: Master Energy Server Purchase (Bloom Energy Corp)

Failure to Perform Other Obligations. Unless due to a Force Majeure Event, the failure of Buyer Seller to perform or cause to be performed any material other obligation required to be performed by Buyer Seller under this Agreement Agreement, or the failure of any representation and warranty set forth herein to be true and correct as and when made; provided, however, that if such failure by its nature can be cured, then Buyer Seller shall have a period of thirty (30) days after receipt of written notice of such failure to cure the same and a Buyer Seller Default shall not be deemed to exist during such period; provided, further, that if Buyer Seller commences to cure such failure during such period and is diligently and in good faith attempting to effect such cure, said period shall be extended for sixty (60) additional days.; [***] Confidential Treatment Requested

Appears in 1 contract

Samples: Master Energy Server Purchase Agreement (Bloom Energy Corp)

Failure to Perform Other Obligations. Unless due to a Force Majeure Event, the failure of Buyer to perform or cause to be performed any material obligation required to be performed by Buyer under this Agreement or the failure of any representation and warranty set forth herein to be true and correct as and when made; provided, however, that if such failure by its nature can be cured, then Buyer shall have a period of thirty (30) days after receipt of written notice of such failure to cure the same and a Buyer Default shall not be deemed to exist during such period; provided, further, that if Buyer commences to cure such failure during such period and is diligently and in good faith attempting to effect such cure, said period shall be extended for sixty (60) additional days.. [***] Confidential Treatment Requested

Appears in 1 contract

Samples: Master Energy Server Purchase (Bloom Energy Corp)

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