Other Defaults and Remedies. In the case of the event described in Section 3.4, Seller shall be liable for damages specified in the UCC to the extent applicable. Seller shall be afforded a reasonable opportunity to provide substitute coal to mitigate its costs of cover and any other applicable damages, subject to the reasonable determination of ICL that the quality of such substitute coal is suitable for burning at the Facility.
Other Defaults and Remedies. An "Other Default" shall occur if either party fails to perform or observe any material term or obligation, excluding payment or right of assurance terms, contained in this MSA, and any such failure remains uncorrected for the lesser of thirty (30) days after written notice from the non-defaulting party or such different cure period, if any, as may be set forth below. In the event of an Other Default by Customer, Company may, in addition to its rights available to it at law or in equity: (i) suspend any or all Services to Customer; (ii) cease accepting or processing Service Agreements or other requests for Service and/or (iii) terminate this MSA. If this MSA is terminated because of an Other Default by Customer, all Early Termination Liability charges shall apply. In the event of an Other Default by Company, Customer's remedies are limited to its proven direct damages and the right to terminate any or all affected Service Agreements, unless this MSA provides for exclusive remedies, in which case Customer's remedies are exclusively as described therein. If Customer uses the Services for any unlawful purpose or in any unlawful manner, or causes Company to violate any applicable law, such action shall be an Other Default, and Company shall have the right immediately to suspend and/or terminate any or all Services hereunder without notice to Customer. A Credit Default or Other Default shall constitute "cause" for termination.
Other Defaults and Remedies. (a) If a Party commits a default of an obligation under this Agreement (other than a Financial Default or a default under clause 23.1(a)) and such default is not excused under this Agreement, the non-defaulting Party may give a notice to such Defaulting Party specifying reasonable details of the default (Default Notice) and the Defaulting Party must diligently seek to cure the default (if it is rectifiable).
