Defaulting Party definition
Examples of Defaulting Party in a sentence
Such interest shall be calculated at the rate set out in Article 9.1, if the Party liable for such amounts or Deliveries is the Defaulting Party, and otherwise at such rate less one per cent per annum.
In all cases, termination by the Non-Defaulting Party shall not constitute a waiver by the Non-Defaulting Party of any other rights it might have under this Agreement or otherwise against the Defaulting Party.
For the avoidance of doubt, neither Ero nor Ero Copper may terminate this Agreement on the basis that, in the case of Ero, Ero Copper is a Defaulting Party, and in the case of Ero Copper, Ero is a Defaulting Party.
From and after the election by the Non-Defaulting Party of the remedy above, the Defaulting Party shall not be entitled to cure the Payment Default.
For greater certainty, any such Cover Payment shall constitute indebtedness due from the Defaulting Party to the Non-Defaulting Party and shall be payable upon demand, shall bear interest from the date the Cover Payment was made at a rate equal to SOFR plus 8%, and may be prepaid at any time by the Defaulting Party.