SJCC Default definition
Examples of SJCC Default in a sentence
For the avoidance of doubt, during such time as the SJCC Environmental Force Majeure substantially impairs the ability of SJCC to mine Raw Coal, the provisions of Section 12.3 shall continue to apply, provided that it shall not be an SJCC Default Condition if the Reserve of Coal is less than five hundred thousand (500,000) tons.
The Parties intend that in the effort to avoid SJCC Default, the provisions of this Section 12.2 shall be utilized before notice of SJCC Default Conditions (defined in Section 12.3(A)) is provided pursuant to Section 12.3(C).
The Parties will provide reasonable cooperation to facilitate SJCC’s cure of Non-Normal Conditions to avoid SJCC Default while allowing Utility to continue operation of the San ▇▇▇▇ Station.
The remainder of such rejected coal shall not be credited as coal delivered for purposes of determining whether a SJCC Default Condition exists.
Upon a SJCC Default caused by (i) the existence of any of the SJCC Default Conditions described in Section 12.3(A)(1)-(4) that is not avoided pursuant to Section 12.3(D) or (ii) the occurrence of either of the conditions described in Section 12.3(A)(5) or (6), Utility may terminate this Agreement and, in addition to any other remedies available at law or equity, Utility may exercise the purchase right set forth in Section 12.6(D).
SJCC shall not be deemed in SJCC Default if SJCC disputes the existence of any alleged SJCC Default unless and until there is a final resolution pursuant to Section 11.1 of this Agreement to determine the existence or non-existence of SJCC Default.
Upon notice from Utility of the occurrence of any of the SJCC Default Conditions specified above in Section 12.3(A)(1)-(4), SJCC may seek to avoid or cure the SJCC Default Condition(s) pursuant to the provisions of Section 12.3(D).