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 Seller to perform or cause to be performed any other material obligation required to be performed by Seller 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 Seller shall have a period of [***] days after receipt of written notice of such failure to cure the same and a Seller Default shall not be deemed to exist during such period; provided, further, that if 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 [***] additional days;

Appears in 1 contract

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

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Failure to Perform Other Obligations. Unless due to a Force Majeure Event, the failure of Seller to perform or cause to be performed any other material obligation required to be performed by Seller 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 Seller shall have a period of [***] days after receipt of written notice of such failure to cure the same and a Seller Default shall not be deemed to exist during such period; provided, further, that if 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 [***] 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 Seller Buyer to perform or cause to be performed any other material obligation required to be performed by Seller Buyer 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 Seller Buyer shall have a period of [***] ([***]) days after receipt of written notice of such failure to cure the same and a Seller Buyer Default shall not be deemed to exist during such period; provided, further, that if Seller 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 [***] ([***]) additional days;.

Appears in 1 contract

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

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Failure to Perform Other Obligations. Unless due to a Force Majeure Event, the failure of Seller Buyer to perform or cause to be performed any other material obligation required to be performed by Seller Buyer 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 Seller Buyer shall have a period of [***] days after receipt of written notice of such failure to cure the same and a Seller Buyer Default shall not be deemed to exist during such period; provided, further, that if Seller 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 [***] additional days;.

Appears in 1 contract

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

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