Common use of Termination by Xxxxx Clause in Contracts

Termination by Xxxxx. Subject to Section 105.2, the CAISO may terminate this Agreement by giving written notice of termination in the event that (i) the EDAM Load Serving Entity commits any material default under this Agreement and/or the CAISO Tariff which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given, to the EDAM Load Serving Entity, written notice of the default, unless excused by reason of Uncontrollable Forces in accordance with Article IX of this Agreement, or (ii) the EDAM Entity for the Balancing Authority Area in which the EDAM Load Serving Entity is located terminates participation in the CAISO’s Extended Day-Ahead Market. With respect to any notice of termination given pursuant to this Section, the CAISO must file a timely notice of termination with FERC, if this Agreement was filed with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: (1) the filing of the notice of termination is made after the preconditions for termination have been met, and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement shall terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Appears in 2 contracts

Samples: Entity Agreement, Entity Agreement

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Termination by Xxxxx. Subject to Section 105.2, the CAISO may terminate this Agreement by giving written notice of termination in In the event that (i) the EDAM Load Serving Entity RC Customer commits any material default under this Agreement and/or the CAISO Tariff Agreement, which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given, given written notice to the EDAM Load Serving Entity, written notice RC Customer of the default, unless excused by reason the CAISO may terminate this Agreement at any time upon thirty (30) days prior written notice of Uncontrollable Forces in accordance with Article IX termination. For avoidance of doubt, if the CAISO terminates the Agreement under this Section 3.2.1 prior to expiration of the Initial Term, the RC Customer will still be required to pay the RC Service Charge for the remainder of the Initial Term. Any outstanding financial right or obligation or any other obligation under the CAISO Tariff of the RC Customer that has arisen while that RC Customer was receiving services under this Agreement, and any provision of this Agreement necessary to give effect to such right or (ii) the EDAM Entity for the Balancing Authority Area in which the EDAM Load Serving Entity is located terminates participation in the CAISO’s Extended Day-Ahead Marketobligation, will survive until satisfied. With respect to any notice of termination given pursuant to this Section, the CAISO must timely file a timely notice of termination with FERC, if this Agreement was filed with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: (1) the filing of the notice of termination is made after the preconditions for termination have been met, and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement shall will terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default, default if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Appears in 2 contracts

Samples: Reliability Coordinator Services Agreement, Reliability Coordinator Services Agreement

Termination by Xxxxx. Subject to Section 105.29.2, the CAISO may terminate this Agreement by giving written notice of termination in the event that (i) the EDAM Load Serving Entity Transmission Service Provider commits any material default under this Agreement and/or the CAISO Tariff which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given, to the EDAM Load Serving EntityTransmission Service Provider, written notice of the default, unless excused by reason of Uncontrollable Forces in accordance with Article IX VIIIX of this Agreement, or (ii) the EDAM Entity for the Balancing Authority Area in which the EDAM Load Serving Entity Transmission Service Provider is located terminates participation in the CAISO’s Extended Day-Ahead Market. With respect to any notice of termination given pursuant to this Section, the CAISO must file a timely notice of termination with FERC, if this Agreement was filed with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: (1) the filing of the notice of termination is made after the preconditions for termination have been met, and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement shall terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Appears in 1 contract

Samples: Market Transmission Service Provider Agreement

Termination by Xxxxx. Subject to Section 105.29.2, the CAISO may terminate this Agreement by giving written notice of termination in the event that (i) the EDAM Load Serving Entity Transmission Service Provider commits any material default under this Agreement and/or the CAISO Tariff which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given, to the EDAM Load Serving EntityTransmission Service Provider, written notice of the default, unless excused by reason of Uncontrollable Forces in accordance with Article IX VII of this Agreement, or (ii) the EDAM Entity for the Balancing Authority Area in which the EDAM Load Serving Entity Transmission Service Provider is located terminates participation in the CAISO’s Extended Day-Ahead Market. With respect to any notice of termination given pursuant to this Section, the CAISO must file a timely notice of termination with FERC, if this Agreement was filed with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: (1) the filing of the notice of termination is made after the preconditions for termination have been met, and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement shall terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Appears in 1 contract

Samples: Market Transmission Service Provider Agreement

Termination by Xxxxx. Subject to Section 105.210.2, the CAISO may terminate this Agreement by giving written notice of termination in the event that (i) the EDAM Load Serving Entity commits any material default under this Agreement and/or the CAISO Tariff which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given, to the EDAM Load Serving Entity, given written notice of the default, unless excused by reason of Uncontrollable Forces in accordance with Article IX of this Agreement, or (ii) the EDAM Entity for the Balancing Authority Area in which the EDAM Load Serving Entity is located terminates participation in the CAISO’s Extended Day-Ahead Market. With respect to any notice of termination given pursuant to this Section, the CAISO must file a timely notice of termination with FERC, if this Agreement was filed with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: (1) the filing of the notice of termination is made after the preconditions for termination have been met, and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement shall terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Appears in 1 contract

Samples: Serving Entity Agreement

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Termination by Xxxxx. Subject to Section 105.25.2, the CAISO may terminate this Agreement by giving written notice of termination in the event that (i) the EDAM Load Serving Entity commits any material default under this Agreement and/or the CAISO Tariff which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given, to the EDAM Load Serving Entity, written notice of the default, unless excused by reason of Uncontrollable Forces in accordance with Article IX of this Agreement, or (ii) the EDAM Entity for the Balancing Authority Area in which the EDAM Load Serving Entity is located terminates participation in the CAISO’s Extended Day-Ahead Market. .. With respect to any notice of termination given pursuant to this Section, the CAISO must file a timely notice of termination with FERC, if this Agreement was filed with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: (1) the filing of the notice of termination is made after the preconditions for termination have been met, and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement shall terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Appears in 1 contract

Samples: Entity Agreement

Termination by Xxxxx. Subject to Section 105.2Upon notice that the agency relationship between all of the aggregated MSS Operators and the CRR Entity Agent has terminated, including any notice that the MSSAA has terminated, the CAISO may terminate this Agreement by giving written notice to the CRR Entity Agent of termination. Further, subject to Article V, the CAISO may terminate this Agreement by giving written notice to the CRR Entity Agent of termination in the event that (i) the EDAM Load Serving CRR Entity Agent commits any material default under this Agreement and/or the CAISO Tariff as it pertains to this Agreement which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given, to the EDAM Load Serving EntityCRR Entity Agent, written notice of the default, unless excused by reason of Uncontrollable Forces in accordance with Article IX X of this AgreementAgreement or unless the CAISO agrees, or (ii) in writing, to an extension of the EDAM Entity for the Balancing Authority Area in which the EDAM Load Serving Entity is located terminates participation in the CAISO’s Extended Day-Ahead Markettime to remedy such material default. With respect to any notice of termination given pursuant to this Section, the CAISO must file a timely notice of termination with FERC, if this Agreement was filed with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: (1) the filing of the notice of termination is made after the preconditions for termination have been met, met and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement shall terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Appears in 1 contract

Samples: Entity Agent Agreement

Termination by Xxxxx. Subject to Section 105.2Article V, the CAISO may terminate this Agreement by giving written notice to the Convergence Bidding Entity of termination in the event that (i) the EDAM Load Serving Convergence Bidding Entity commits any material default under this Agreement and/or the CAISO Tariff as it pertains to this Agreement which, if capable of being remedied, is not remedied within thirty (30) days the time frame specified in the CAISO Tariff after the CAISO has given, to the EDAM Load Serving Entity, given written notice of the default, unless material default to the Convergence Bidding Entity. The CAISO will not terminate this Agreement if the material default of the Convergence Bidding Entity is excused by reason of Uncontrollable Forces in accordance with Article IX X of this AgreementAgreement or if the CAISO agrees, in writing, to an extension of the time to remedy such material default. Any outstanding financial right or (ii) obligation or any other obligation under the EDAM CAISO Tariff of the Scheduling Coordinator that represents the Convergence Bidding Entity for the Balancing Authority Area in which the EDAM Load Serving Entity is located terminates participation in the CAISO’s Extended Day-Ahead Marketthat has arisen while that Scheduling Coordinator was submitting Virtual Bids, and any provision of this Agreement necessary to give effect to such right or obligation, shall survive until satisfied. With respect to any notice of termination given pursuant to this Section, the CAISO must file a timely notice of termination with FERC, if this Agreement was filed with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: (1) the filing of the notice of termination is made after the preconditions for termination have been met, met and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement shall terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Appears in 1 contract

Samples: Bidding Entity Agreement

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