Abandonment During Installation Clause Samples

Abandonment During Installation. After commencement of installation of the Project , Provider abandons installation of the Project for thirty (30) days and fails to resume installation within thirty (30) days after receipt of notice from Host stating that, in Host ’s reasonable determination, Provider has abandoned installation of the Project ; Failure to Operate. After the Commercial Operation Date , Provider fails to operate the Project for a period of 90 days which failure is not due to equipment failure, or damage to the Project , act of governmental authority, or exercise of Provider "Provider" means Tioga Solar [___], LLC, a [_____] limited liability company, and all successors and assigns.’s rights under this Agreement , or otherwise excused by the provisions of Section 17(b) (relating to Force Majeure Event s); and Provider fails to resume operation within thirty (30) days after receipt of notice from Host stating that, in Host ’s reasonable determination, Provider has ceased operation of the Project , provided, however, that the cure period shall be extended by the number of calendar days during which Provider is prevented from taking curative action if Provider had begun curative action and was proceeding diligently, using commercially reasonable efforts, to complete such curative action. Obligation Failure. Provider fails to perform any obligation hereunder, such failure is material, such failure is not excused by the provisions of Section 17(b) (relating to Force Majeure Event s), and such failure is not cured within: (A) ten (10) days if the failure involves a failure to make payment when due or maintain required insurance; or (B) sixty (60) days if the failure involves an obligation other than payment or the maintenance of insurance, after receipt of notice from Host identifying the failure.

Abandonment During Installation. After issuance of a Work Order to Install for a Project, the Contractor abandons installation of the Project for sixty (60) days without notifying the Host of, and explaining the reasons for, the installation delay and fails to resume installation within sixty (60) days after receipt of notice from the Host stating that, in the Host’s reasonable determination, the Contractor has abandoned installation of the Project. For purposes of this Section 20 (a)(ii), “abandon” means failing to engage in any action that is intended to materially advance a Project toward completion of such Project.

Abandonment During Installation. After commencement of installation of the Project, [PROVIDER COMPANY] abandons installation of the Project for [NUMBER OF DAYS 21] and fails to resume installation within [NUMBER OF DAYS 22] after receipt of notice from [COMPANY 1] stating that, in [COMPANY 1]'s reasonable determination, [PROVIDER COMPANY] has abandoned installation of the Project.