Common use of Breach and Default Clause in Contracts

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.

Appears in 3 contracts

Samples: Interconnection and Parallel Operating Agreement, Interconnection and Parallel Operating Agreement, Interconnection and Parallel Operating Agreement

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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, the Standards, the Interconnection Requirement, or Interconnection Procedures. 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) 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 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.

Appears in 2 contracts

Samples: Interconnection and Parallel Operating Agreement, Generator Interconnection Application Interconnection & Parallel Operating Agreement

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 30)-day period provided for herein, the party 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.

Appears in 2 contracts

Samples: Interconnection and Parallel Operating Agreement, Generator Interconnection and Operating Agreement

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, if the Standards or the Interconnection Requirement. 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) 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 Party in Breach shall be deemed in default (“Default”). The non-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.

Appears in 1 contract

Samples: Interconnection and Parallel Operating Agreement

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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) 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 Party in Breach shall be deemed in default (“Default”). The non-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.

Appears in 1 contract

Samples: Interconnection and Parallel Operating Agreement

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) business days from the date of the written notice to cure the Breach. If a Breach is not cured within the thirty (30) business day period provided for herein, the party Party in Breach shall be deemed in default (“Default”). The non-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.

Appears in 1 contract

Samples: Generator Interconnection and Operating Agreement

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