Breach and Default. 7.6.1 No Breach of this Agreement shall exist where such failure to discharge an obligation (other than the payment of money) is the result of a Force Majeure event or the result of an act or omission of the other Parties. Upon a Breach, the non-breaching Party shall give written notice of such Breach to the Breaching Party. Except as provided in article 7.6.2, the Breaching Party shall have 60 calendar days from receipt of the Breach notice within which to cure such Breach; provided however, if such Breach is not capable of cure within 60 calendar days, the Breaching Party shall commence such cure within 20 calendar days after notice and continuously and diligently complete such cure within six months from receipt of the Breach notice; and, if cured within such time, the Breach specified in such notice shall cease to exist.
7.6.2 If a Breach is not cured as provided in this article, or if a Breach is not capable of being cured within the period provided for herein, a Default shall exist and the non-defaulting Parties acting together shall thereafter have the right to terminate this Agreement, in accordance with article 3.3 hereof, by written notice to the Defaulting Party at any time until cure occurs, and be relieved of any further obligation hereunder and, whether or not those Parties terminate this Agreement, to recover from the Defaulting Party all amounts due hereunder, plus all other damages and remedies to which they are entitled at law or in equity. The provisions of this article shall survive termination of this Agreement.
7.6.3 In cases where the Interconnection Customer has elected to proceed under Section 32.3.5.3 of the SGIP, if the Interconnection Request is withdrawn or deemed withdrawn pursuant to the SGIP during the term of this Agreement, this Agreement shall terminate.
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Breach and Default. 15 7.1. Breach 15 7.2. Default 15 7.3. Remedies 16
Breach and Default. 31 7.1 Events of Default 31 7.2 Remedies Upon an Event of Default 33 7.3 Default Damages; Settlement Amount; Termination Payment 34 7.4 SSO Supplier Right to Assume 36 7.5 Setoff of Payment Obligations of the Non-Defaulting Party 36 7.6 Preservation of Rights of Non-Defaulting Party 37
Breach and Default. 16
7.1. Breach 16 7.2. Default 16 7.3. Remedies 17 ARTICLE 8. TERMINATION 17 8.1. Termination by the NYISO 17 8.2. Reporting of Inability to Comply with Provisions of Agreement 18 8.3. Transmission Project Transfer Rights Upon Termination 18
Breach and Default. A breach of this Agreement (“Breach”) shall occur upon the failure of a Party to perform or observe any material term or condition of this Agreement. Upon a Breach by one Party, the non-breaching Party shall give written notice of such Breach to the breaching Party. The Party in Breach shall have thirty (30) days from the date of the written notice to cure the Breach. If a Breach is not cured within the thirty (30) day period provided for herein, the party in Breach shall be deemed in default (“Default”). The non-defaulting Party shall then have the right to terminate this Agreement by written notice, shall be relieved of any further obligations hereunder, and may pursue any and all remedies available to it at law or in equity.
Breach and Default. Upon breach or default of any of the provisions, obligations, or duties embodied in this agreement, the parties may exercise any administrative, contractual, equitable, or legal remedies available, without limitation. The waiver of any occurrence of breach or default is not a waiver of such subsequent occurrences, and the parties retain the right to exercise all remedies mentioned herein.
Breach and Default. In the event of breach of this Agreement, the Parties shall be entitled to such legal or equitable remedy as may be available, including specific performance.
Breach and Default. Upon breach or default of any of the provisions, obligations, or duties embodied in this Agreement, such breach or default not being cured in accordance with Section II, Paragraph A) 3) of this Agreement, the parties may exercise any administrative, contractual, equitable, or legal remedies available. Subject to the limitations set forth in Section IV, Paragraph B) and Section V.
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