Provider Defaults Clause Samples

Provider Defaults. The following events shall be defaults with respect to Provider so long as continuing (each, a “Provider Default”): i. Provider shall (A) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property;

Provider Defaults. The following events shall be defaults with respect to Provider (each, a “Provider Default”): (i) Subject in each case to Force Majeure Event(s), Provider fails to commence Installation Work in accordance with Section 3 of this Agreement by the Construction Start Date or fails to complete the Installation Work within five (5) months from the date of commencing the Installation Work; (ii) Purchaser’s third-party independent engineer determines before the Commercial Operation Date that the Installation Work is completed with substandard materials; (iii) The System fails to provide at least seventy percentage (70%) of the Estimated Annual Production for two consecutive years, provided that such failure is not due to a Purchaser Act, or the acts or omissions of the Host, the District, or the County; third- party shading of the System; or an Event of Force Majeure; (iv) Provider defaults under the lease or the license, as applicable, for the Premises and fails to cure such default within the cure period specified therein. (v) A Bankruptcy Event shall have occurred with respect to Provider; (vi) Provider fails to pay Purchaser any undisputed amount owed under the Agreement within thirty (30) days from receipt of notice from Purchaser of such past due amount; or (vii) Provider breaches any material term of the Agreement, not otherwise specified above, and (A) if such breach can be cured within thirty (30) days after Purchaser’s written notice of such breach and Provider fails to so cure, or (B) Provider fails to promptly commence and diligently pursue a cure within such thirty (30) day period if a longer cure period is needed.

Provider Defaults. The following events shall be defaults with respect to Provider (each, a “Provider Default”): (i) A Bankruptcy Event shall have occurred with respect to Provider; (ii) Provider fails to pay Purchaser any undisputed amount owed under the Agreement within thirty (30) days from receipt of notice from Purchaser of such past due amount; (iii) Provider breaches any material term of the Agreement and (A) if such breach can be cured within thirty (30) days after Purchaser’s written notice of such breach and Provider fails to so cure, or (B) Provider fails to commence and pursue a cure within such thirty (30) day period if a longer cure period is needed; and (iv) After commencement of Installation Work at Premises and prior to the Commercial Operation Date, Provider abandons the System and fails to remove the System (or any portion thereof) from the Premises.

Provider Defaults. Subject to the provisions of Exhibit A, the following events shall be defaults with respect to each applicable Provider (each, a “Provider Default”): (i) a Bankruptcy Event shall have occurred with respect to such Provider; (ii) Master Provider or such Provider fails to provide Allocated Value to Off-Taker under the Agreement pursuant to the Allocated Value Payment provisions of the Master Administrative Services Agreement; (iii) for all Providers if Master Provider fails to maintain the “Minimum Balance” referenced in Section 3 of the Escrow Agreement; or (iv) a Provider breaches any material term of the Agreement and (A) if such breach can be cured within fifteen (15) days after Off-Taker’s written notice of such breach and such Provider fails to so cure, or (B) such Provider fails to commence and diligently pursue a cure within such 5-day period if a longer cure period is needed; provided, however, that such Provider shall not be entitled to a cure period in excess of one hundred twenty (120) days in total.

Provider Defaults. Each of the following events shall be defaults under each SPPA with respect to Provider (each, a “Provider Default”): (i) A Bankruptcy Event shall have occurred with respect to Provider; (ii) Provider fails to pay Purchaser any undisputed amount owed under such SPPA within thirty (30) days from receipt of notice from Purchaser of such past due amount; (iii) Provider breaches any material term of such SPPA (including any material term of this Master Agreement as applicable thereto) and (A) if such breach can be cured within sixty (60) days after Purchaser’s written notice of such breach and Provider fails to so cure, or (B) Provider fails to commence and pursue a cure within such sixty (60) day period if a longer cure period is needed; provided, that such longer cure period shall not extend beyond, and such breach shall be cured within, ninety (90) days after Purchaser’s written notice of such breach; or (iv) Any material representation or warranty made by Provider in this Agreement shall prove to have been false or misleading in any material respect when made and (A) if such representation or warranty can be cured or corrected within thirty (30) days after Purchaser’s written notice thereof, Provider fails to so cure or correct such representation or warranty, or (B) if such representation or warranty can be cured or corrected within a longer period, Provider fails to commence and pursue such cure or correction within such thirty (30) day period or Provider fails to effect such cure or correction within such longer period or ceases to pursue such cure or correction.

Provider Defaults. The following events shall be a default with respect to Provider (each, a “Provider Default”): (i) Provider (A) commences a voluntary case under any bankruptcy law; (B) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against Provider in an involuntary case under any bankruptcy law; or (C) any involuntary bankruptcy proceeding commenced against Provider remains undismissed or undischarged for a period of ninety (90) days; and (ii) (ii) Provider breaches any material term of this Agreement and, if such breach is capable of being cured, (A) within thirty (30) days after Purchaser’s notice of such breach, Provider has failed to cure the breach, or (B) if Provider has diligently commenced work to cure such breach during such thirty (30) day period but additional time is needed to cure the breach, not to exceed a total of ninety (90) days from the date of Purchaser’s notice, Provider has failed to cure the breach within such sixty (60) day period;

Provider Defaults. The following events shall be defaults with respect to Provider (each, a “Provider Default”): (i) A Bankruptcy Event shall have occurred with respect to Provider; (ii) Provider fails to pay Purchaser any undisputed amount owed under this Agreement within thirty (30) days from receipt of notice from Purchaser of such past due amount; and (iii) Provider breaches any material representation, warranty, covenant or other term of this Agreement and (A) if such breach can be cured within thirty (30) days after Purchaser’s written notice of such breach and Provider fails to so cure, or (B) Provider fails to commence and pursue a cure within such thirty (30) day period if a longer cure period is needed, provided that if Provider is using commercially reasonable efforts to pursue such cure, and such breach is not capable of being cured within such period of thirty (30) days with the exercise of reasonable diligence, then such cure period shall be extended for an additional reasonable period of time (not to exceed one hundred eighty (180) days) so long as Provider is exercising commercially reasonable efforts to cure such failure and keeping Purchaser apprised of its cure efforts.

Provider Defaults