Common use of Suspension of Performance Clause in Contracts

Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (i) to suspend performance under any or all Transactions and (ii) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be Section 5.7.

Appears in 64 contracts

Samples: Renewable Energy Credit Agreement, Renewable Energy Credit Agreement, Renewable Energy Credit Agreement

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Suspension of Performance. Notwithstanding any other provision hereofof this Agreement, if (a) an Event of Default or (b) a Potential Event of Default has shall have occurred and is be continuing, the Non-Defaulting Party, upon written notice Notice to the Defaulting Party, has shall have the right (i) to suspend performance under any or all Transactions this Agreement and (ii) to the extent an Event of Default has shall have occurred and is continuing, be continuing to exercise any remedy available at law or in equity, except as limited be Section 5.7.

Appears in 23 contracts

Samples: Resource Purchase Agreement, Resource Purchase Agreement, Resource Purchase Agreement

Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (ia) to suspend performance under any or all Transactions and (iib) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be by Section 5.714.1.

Appears in 22 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Credit Purchase and Sale Agreement

Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (ia) to suspend performance under any or all Transactions this Agreement and (iib) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be by Section 5.714.1.

Appears in 10 contracts

Samples: Guaranty, Guaranty, Guaranty

Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Non- Defaulting Party, upon written notice to the Defaulting Party, has the right (i) to suspend performance under any or all Transactions and (ii) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be Section 5.7.

Appears in 5 contracts

Samples: Memorandum of Understanding, Master Renewable Energy Certificate Purchase and Sale Agreement, www.ipa-energyrfp.com

Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (iia) to suspend performance under any or all Transactions and (iiiib) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be by Section 5.75.7.14.1.

Appears in 4 contracts

Samples: Renewable Energy Credit Agreement, Renewable Energy Credit Agreement, Renewable Energy Credit Agreement

Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (ia) to suspend performance under any or all Transactions and (iib) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be by Section 5.714.1.

Appears in 3 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Credit Purchase and Sale Agreement

Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (ia) to suspend performance under any or all Transactions and (iib) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be by Section 5.7.14.1..

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement

Suspension of Performance. Notwithstanding any other provision hereofof this Agreement, if (a) an Event of Default or (b) a Potential Event of Default has shall have occurred and is be continuing, the Non-Defaulting Party, upon written notice Notice to the Defaulting Party, has shall have the right (i) to suspend performance under any or all Transactions this Agreement and (ii) to the extent an Event of Default has shall have occurred and is continuing, be continuing to exercise any remedy available at law or in equity, except as limited be Section 5.7.

Appears in 2 contracts

Samples: Resource Purchase Agreement, Demand Response Resource Purchase Agreement

Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (i) to suspend performance under any or all Transactions and (ii) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be Section 5.7Transactions.

Appears in 1 contract

Samples: Master Renewable Energy Credit Purchase and Sale Agreement

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Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (iia) to suspend performance under any or all Transactions this Agreement and (iiiib) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be Section 5.7.by

Appears in 1 contract

Samples: Guaranty

Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (iia) to suspend performance under any or all Transactions this Agreement and (iiiib) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be by Section 5.75.7.14.1.

Appears in 1 contract

Samples: Guaranty

Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (ia) to suspend performance under any or all Transactions this Agreement and (iib) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be by Section 5.714.1.

Appears in 1 contract

Samples: Guaranty

Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (iia) to suspend performance under any or all Transactions and (iiiib) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be by Section 5.7.14.15.7..

Appears in 1 contract

Samples: Renewable Energy Credit Agreement

Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (i) to suspend performance and Payment related to the Designated System(s) in default under any or all Transactions and (ii) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be Section 5.7.

Appears in 1 contract

Samples: Renewable Energy Credit Agreement

Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (i) to suspend performance under any or all Transactions and (ii) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be Section 5.7.Transactions

Appears in 1 contract

Samples: Renewable Energy Credit Agreement

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