Common use of By the Issuer Clause in Contracts

By the Issuer. Each of the following events or conditions shall constitute an "Event of Default" by the ISSUER: (1) any willful action by the ISSUER that prevents the ESCO from meeting their obligations as set forth in Schedule I “Construction and Installation Schedule; (2) any failure by the ISSUER to pay the ESCO any sum due for the Annual Services for more than thirty (30) days after written notification by ESCO that ISSUER is delinquent in making payment and provided that no ESCO Event of Default, as provided in Section (dd)(ii) hereof, has occurred and is continuing at such time; (3) any other material failure by the ISSUER to perform or comply with the terms and conditions of this Agreement, including breach of any covenant contained herein, provided that such failure continues for thirty (30) days after notice to the ISSUER demanding that such failures to perform be cured or if such cure cannot be effected in thirty (30) days, the ISSUER shall be deemed to have cured default upon the commencement of a cure within thirty (30) days and diligent subsequent completion thereof; or (4) any representation or warranty furnished by the ISSUER in this Agreement, which was false, or misleading in any material respect when made.

By the Issuer. Each of the following events or conditions shall constitute an "Event of Default" by the ISSUER: (1) : any willful action by the ISSUER that prevents the ESCO from meeting their obligations as set forth in Schedule I “Construction and Installation Schedule; (2) ; any failure by the ISSUER to pay the ESCO any sum due for the Annual Services for more than thirty (30) days after written notification by ESCO that ISSUER is delinquent in making payment and provided that no ESCO Event of Default, as provided in Section (dd)(ii) hereof, has occurred and is continuing at such time; (3) ; any other material failure by the ISSUER to perform or comply with the terms and conditions of this Agreement, including breach of any covenant contained herein, provided that such failure continues for thirty (30) days after notice to the ISSUER demanding that such failures to perform be cured or if such cure cannot be effected in thirty (30) days, the ISSUER shall be deemed to have cured default upon the commencement of a cure within thirty (30) days and diligent subsequent completion thereof; or (4) or any representation or warranty furnished by the ISSUER in this Agreement, which was false, or misleading in any material respect when made.