Breach or Default Under Project Documents. Any Project Participant shall breach or default in any material respect under any of its material agreements, conditions, terms or covenants contained in any Project Document to which it is a party and such breach or default shall continue unremedied beyond any applicable cure period set forth therein, and such breach or default would reasonably be expected to result in a Material Adverse Effect.
Breach or Default Under Project Documents. (i) Any Major Project Participant shall breach or default under any of its material agreements, conditions, terms or covenants contained in any Major Project Document to which it is a party and such breach or default shall continue unremedied beyond any applicable cure period set forth therein and (ii) any other Project Participant (other than a Major Project Participant) shall breach or default under its material agreements, conditions, terms or covenants contained in any Major Project Document to which it is a party and (x) such breach or default shall continue unremedied beyond any applicable cure period set forth therein and (y) such Project Participant (and Project Document) is not replaced in accordance with Section 6.13.
Breach or Default Under Project Documents. Any Project Participant shall breach or default under, or become unable to perform, any of its material agreements, conditions, terms or covenants contained in any Project Document to which it is a party and (i) such circumstance shall continue unremedied beyond any applicable cure period set forth therein, (ii) such breach has had or could reasonably be expected to have a Material Adverse Effect; provided, that if it is feasible to replace such defaulting party with a new counterparty that is acceptable to DOE and on terms satisfactory to DOE, in each case in DOE’s sole discretion, there shall be no default if such replacement occurs within the lesser of (x) ninety (90) days or (y) such shorter period as avoids the occurrence of a Material Adverse Effect; provided, further, that no such replacement option shall apply with respect to the Output Purchaser under the Power Purchase Agreement or the Turbine Supplier under the Turbine Supply Documents.
Breach or Default Under Project Documents. (i) Any Obligor or other Major Project Participant shall breach or default under any of its material agreements, conditions, terms or covenants contained in any Major Project Document to which it is a party, and such breach or default shall continue unremedied beyond any applicable cure period set forth therein; or (ii) any Project Participant (other than a Major Project Participant or the Borrower) shall breach or default under any of its material agreements, conditions, terms or covenants contained in any Project Document (other than any Major Project Document) to which it is a party (or such Project Document becomes invalid, illegal, void or unenforceable or is repudiated by such counterparty) and, such breach, default or invalidity continues unremedied beyond any applicable cure period, or if no cure period is specified, within 30 days following such failure; provided that, in each case, such event or circumstance shall not constitute an Event of Default if (x) the Borrower Entities are diligently proceeding in good faith to replace the applicable Project Document with an Acceptable Replacement Project Document, such replacement is reasonably expected to cure in all material respects the adverse effect of such event and such Project Document is replaced with an Acceptable Replacement Project Document and all adverse effects have been cured in all material respects within 60 days of the expiry of the relevant cure period or (y) in the case of a Project Document other than a Major Project Document, in the absence of the relevant Project Document, the applicable Borrower Entity continues, and only for so long as it continues, to have readily available access to the goods, services, rights or other benefits furnished under the relevant Project Document at a cost that is within the then-applicable Construction Budget or O&M Budget, as applicable.
