Termination by SolarCity Clause Samples

Termination by SolarCity. If Customer is in breach of this Agreement, or if the Work is stopped for a period of thirty (30) days under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of SolarCity or if Work should be stopped for a period of thirty (30) days by SolarCity for the Customer’s failure to make payment thereon, then SolarCity, in addition to any other rights and remedies provided in the Agreement or by Law, shall have the option to terminate this Agreement and SolarCity shall be entitled to recover from the Customer payment for all Work e xecuted, the Contract Price payable to date, and for any proven loss sustain ed upon any materials, equipment, tools, construction equipment and machinery, including reasonable profit and damages. SolarCity, in addition to any other rights and remedies provided in the Agreement or by Law, shall be entitled to immediately, and with out notice, suspend the performance of any and all of its obligations pursuant to this agreement if Customer files a voluntary petition seeking relie f under the United States Bankruptcy Code or if there is an involuntary bankruptcy petition filed against Customer in the United States Bankruptcy Court, and that petition is not dis missed within fifteen (15) days of its filing. Any suspension of services made pursuant to the provisions of this paragraph shall continue until such time as this agreement has been fully and properly assumed in accordance with the applicable provisions of the United States Bankruptcy Code and in compliance with the final order or judgment issued by the Bankruptcy Court. If the suspension of performance of SolarCity’s obligation pursuant to this agreement continues for a period in e xcess of ninety (90) days then SolarCity shall have the right to terminate all services pursuant to this agreement.