Unexcused Cause Sample Clauses

Unexcused Cause. Without limiting the generality of Section 14.5(b), a Force Majeure does not include any of the following (each, an “Unexcused Cause”): (1) the failure by Seller to obtain permits or approvals of any type to construct, operate or maintain the Facility or to construct, operate or maintain the Facility in accordance with this Agreement, except to the extent such failure was itself caused by an event of Force Majeure; (2) delays in or inability of a Party to obtain financing or other economic hardship of any kind, including a Party’s inability to pay amounts due to the other Party under this Agreement; (3) Seller’s ability to sell any Energy at prices in excess of those provided in this Agreement or Buyer’s ability to purchase any Energy at prices less than those provided in this Agreement; (4) Seller’s inability to complete the interconnection of the Facility by the Guaranteed Commercial Operation Date, unless such delay is caused by an event of Force Majeure; (5) a Forced Outage, except where such Forced Outage is caused by an event of Force Majeure; (6) curtailment or other interruption of any Transmission Service unless such curtailment or interruption was itself caused by an event of Force Majeure; (7) a Party’s inability to obtain or provide goods and services essential to a Party’s performance, unless such failure was itself caused by an event of Force Majeure; (8) Facility or related equipment failure of any kind, unless such failure was itself caused by an event of Force Majeure or by a manufacturer’s serial defect in such equipment; (9) any changes in the financial condition of Buyer, Seller, a Financing Party or any subcontractor or supplier affecting the affected Party’s ability to perform its obligations under this Agreement; or (10) a strike, work stoppage or labor dispute limited only to one or more of Seller, Seller’s Affiliates, Seller’s Subcontractors or any other third party employed by Seller to work on the Facility.
Sample 1
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Related to Unexcused Cause

  • For Cause For a material breach that remains uncured for more than thirty calendar days or other specified period after written notice to the Contractor, the Contract or Purchase Order may be terminated by the Commissioner or Authorized User respectively, at the Contractor’s expense where Contractor becomes unable or incapable of performing, or meeting any requirements or qualifications set forth in the Contract, or for non-performance, or upon a determination that Contractor is non-responsible. Such termination shall be upon written notice to the Contractor. In such event, the Commissioner or Authorized User may complete the contractual requirements in any manner it may deem advisable and pursue available legal or equitable remedies for breach.

  • Good Reason The Executive's employment may be terminated by the Executive for Good Reason. For purposes of this Agreement, "Good Reason" shall mean:

  • Termination for Cause If Vendor fails to materially perform pursuant to the terms of this Agreement, TIPS shall provide written notice to Vendor specifying the default. If Vendor does not cure such default within thirty (30) days, TIPS may terminate this Agreement, in whole or in part, for cause. If TIPS terminates this Agreement for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience.

  • Good Cause The Company may terminate the Agreement ten (10) days after written notice to Employee for good cause, which shall be: (1) Employee's material and irreparable breach of this Agreement; (2) Employee's gross negligence in the performance or intentional nonperformance (continuing for ten (10) days after receipt of the written notice) of any of Employee's material duties and responsibilities hereunder; (3) Employee's dishonesty, fraud or misconduct with respect to the business or affairs of the Company which materially and adversely affects the operations or reputation of the Company; (4) Employee's conviction of a felony crime; or (5) chronic alcohol abuse or illegal drug abuse by Employee. In the event of a termination for good cause, as enumerated above, Employee shall have no right to any severance compensation.

  • With Cause The Energy Commission may, at its option, terminate this Agreement with cause in whole or in part, at any time prior to the funding of the Loan, upon giving five (5) days advance notice in writing to the Borrower. "

  • Just Cause No Employee who has completed her probationary period shall be disciplined, suspended without pay or discharged except for just and sufficient cause.

  • CFR PART 200 Termination Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be eff ected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity an d up to 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded vendor. The vendor would be compensated for work performed and goods procured as of the termination date if for convenience of the ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive and the ESC Region 8 and TIPS reserves the right to purchase goods and services from other vendors when it is in the best interest of t he ESC Region 8 and TIPS. Does vendor agree? Yes

  • Termination for a Material Breach Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach.

  • Involuntary Termination “Involuntary Termination” shall mean (i) without the Employee’s express written consent, the significant reduction of the Employee’s duties or responsibilities relative to the Employee’s duties or responsibilities in effect immediately prior to such reduction; provided, however, that a reduction in duties or responsibilities solely by virtue of the Company being acquired and made part of a larger entity (as, for example, when the Chief Financial Officer of Company remains as such following a Change of Control and is not made the Chief Financial Officer of the acquiring corporation) shall not constitute an “Involuntary Termination”; (ii) without the Employee’s express written consent, a substantial reduction, without good business reasons, of the facilities and perquisites (including office space and location) available to the Employee immediately prior to such reduction; (iii) without the Employee’s express written consent, a material reduction by the Company in the Base Compensation or Target Incentive of the Employee as in effect immediately prior to such reduction, or the ineligibility of the Employee to continue to participate in any long-term incentive plan of the Company; (iv) a material reduction by the Company in the kind or level of employee benefits to which the Employee is entitled immediately prior to such reduction with the result that the Employee’s overall benefits package is significantly reduced; (v) the relocation of the Employee to a facility or a location more than 50 miles from the Employee’s then present location, without the Employee’s express written consent; (vi) any purported termination of the Employee by the Company which is not effected for death or Disability or for Cause; or (vii) the failure of the Company to obtain the assumption of this agreement by any successors contemplated in Section 10 below.

  • Employee’s Termination The Employee ☐ *shall ☐ shall not have the right to terminate this Agreement. *If allowed, the Employee shall be required to provide at least days’ notice. If the Employee should terminate this Agreement before the expiration date, he or she shall be entitled to severance, equal to their pay at the time of termination, for a period of .

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