Common use of Provider Defaults Clause in Contracts

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) 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 Date, fails to complete the Installation Work within five six (56) months from the date of commencing the Installation Work, or the “Commercial Operation Date” is later than June 15, 2015; (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 eighty percent (7080%) of the Estimated Annual Production for two consecutive years, provided that such failure is not due to a Purchaser Host 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; (viv) 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 (viivi) Provider breaches any material term of the this Agreement, not otherwise specified above, and (A) if such breach can be cured within thirty (30) days after PurchaserHost’s written notice of such breach and Provider fails to so cure, or (B) Provider fails promptly to promptly commence and diligently pursue a said cure within such thirty (30) day period if a longer cure period is needed.