Utility Defaults Sample Clauses
The 'Utility Defaults' clause defines the consequences and procedures that apply if a party fails to pay for or otherwise comply with utility service obligations under an agreement. Typically, this clause outlines what constitutes a default, such as non-payment of utility bills or unauthorized use, and specifies the remedies available to the non-defaulting party, which may include suspension of service, penalties, or even termination of the agreement. Its core practical function is to ensure that both parties are incentivized to meet their utility-related responsibilities, thereby minimizing disruptions and allocating the risk of non-compliance.
Utility Defaults. The following events shall constitute events of defaults with respect to Utility (each, a “Utility Default”):
9.2.1 Utility fails to pay Owner any amount due Owner under this Agreement within thirty (30) days from receipt of notice from Owner of such past due amount; or
9.2.2 Utility refuses to sign documents needed to obtain any federal, state or utility incentives or tax benefits or refuses to sign or intentionally breaches any term of the interconnection agreement required by the Utility for interconnection of the System.
Utility Defaults. Developer may give a notice of default under this Agreement (a "Developer Notice of Default") upon the occurrence of any of the following events, unless caused by a breach by Developer of this Agreement (each a "Utility Event of Default").
10.3.1 The occurrence of any of the following events, except where done for the purpose of merger or reorganization that does not affect the ability of the merged or reorganized entity, as the case may be, to perform its obligations under this Agreement:
(a) passage of a resolution by the shareholders of Utility for the winding up of Utility; as they become due;
(b) admission in writing by Utility of its inability generally to pay its debts
(c) appointment of a Liquidator in a proceeding for the winding up of Utility, after notice to Utility and due hearing; or
(d) a court order winding up Utility;
10.3.2 Willful alteration of or tampering by Utility or its employees or agents with the Project or Interconnection Facilities without the prior written consent of Developer, except in situations where such actions are taken to prevent immediate injury, death, or property damage and Utility uses its best efforts to provide Developer with advance notice of the need for such actions; or
10.3.3 Any material breach by Utility of any representation, warranty or covenant in this Agreement.