Termination and Remedies for Breach of Contract. The following provisions concerning remedies for breach of contract and termination apply to Contracts between the WDC and the WDC’s Contractor.
Termination and Remedies for Breach of Contract
Termination and Remedies for Breach of Contract Sample Clauses
Related to Termination and Remedies for Breach of Contract
Remedies for Breach It is understood and agreed that all rights and remedies afforded below shall be in addition to all remedies or actions otherwise authorized or permitted by law:
Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;
Termination and Remedies Upon the occurrence of, and during the continuation of, an Event of Default, subject to the cure rights provided for herein, the non- defaulting Party shall be entitled to all remedies available under this agreement or at law or in equity, and may terminate this Agreement by notice to the other Party designating the date of termination and delivered to the defaulting Party no less than ten (10) days before such termination date; provided, however, that as a precondition to Seller’s exercise of this termination right, Seller must also provide copies of such notice to the notice addresses of then-current Senior Vice President of Commercial Operations and Director of Market Operations of Buyer set forth in Exhibit B. Such copies shall be sent by registered overnight delivery service or by certified or registered mail, return receipt requested and shall state prominently therein in type font no smaller than fourteen (14) point all-capital letters that “THIS IS A TERMINATION NOTICE UNDER THE PPA BETWEEN GSEC AND [INSERT SELLER FACILITY’S NAME]. YOU MUST CURE A DEFAULT, OR THE PPA WILL BE TERMINATED,” and shall state therein any amount purported to be owed and wiring instructions, or the nature of any non-payment default alleged. Seller shall not have any right to terminate this Agreement if the Event of Default that gave rise to the termination right is cured within the fifteen (15) Business Days of Buyer’s receipt of such notice. Further, during the continuation of default by Seller, and until Xxxxx has recovered all damages incurred on account of such default by Seller, without exercising its termination right, Buyer may offset its damages against any payment due Seller. The rights contemplated by this Section are cumulative such that the exercise of one or more rights shall not constitute a waiver of any other rights. In the event of a termination hereof:
Remedies for Contractor Breach Pertaining to contract-related issues, it is the responsibility of both the Agency and the Contractor to communicate with each in as clear and complete a manner as possible. If at any time during the term of this contract the Agency or the Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that the Agency has the right to issue unilateral addendums to this contract, but the Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, the Agency shall retain the right to, if conditions warrant, require the Contractor to respond in a shorter period of time). Further, the Agency shall, at a minimum, employ the following steps in dealing with the Contractor as to any performance issues:
