Customer Default and Cure; Termination of Program Participation Sample Clauses

Customer Default and Cure; Termination of Program Participation i. Customer may elect to terminate this Agreement and service under Rider No. 50 prior to the Expiration Date by providing PNM written notice at least sixty (60) days before the desired early termination date (“Early Termination Effective Date”). In the event of an early termination for any reason other than for a PNM Default under Section 8.b, Customer will be responsible for the net cost of the remaining renewable energy that was to be delivered to the Customer during the remainder of the Term. The net cost will be based on (1) the time remaining in the Term, (2) the forecast annual renewable energy to be generated by the Solar Facility,1 (3) Customer’s Renewable Allocation Factor, and (4) the difference between the Contract Rider Rate and the forecast fuel cost during the Term, but in no event less than zero dollars, plus Customer’s share of the Administrative Charge for the number of months remaining in the Service Agreement (collectively “Early Termination Fee”). Customer will not be obligated to pay the Early Termination Fee if another eligible customer fully subscribes to Customer’s Renewable Energy Subscription before the Early Termination Effective Date. PNM may assist Customer in identifying other eligible customers to the extent PNM is required to do so under applicable law. In addition to the obligation to pay the Early Termination Fee, Customer shall retain any obligation it incurs prior to the Early Termination Effective Date. Customer shall pay the Early Termination Fee in full within fifteen (15) days of the Early Termination Effective Date. Delinquent payment shall be subject to interest at then-current rates authorized by the Commission. If Customer later wishes to resume service under Rider No. 50, Customer will be required to reapply for a new Renewable Energy Subscription, and participation shall be subject to eligibility requirements and available capacity.
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Related to Customer Default and Cure; Termination of Program Participation

  • Default and Cure Upon a Breach, the non-breaching Party shall give written notice of such Breach to the breaching Party (the “Default Notice”). Subject to a suspension of the following deadlines as specified below, the breaching Party shall have thirty (30) calendar days from receipt of the Default Notice within which to cure such Breach; provided however, that if such Breach is not capable of cure within thirty (30) calendar days, the breaching Party shall commence such cure within thirty (30) calendar days after notice and continuously and diligently complete such cure within ninety (90) calendar days from receipt of the Default Notice; and, if cured within such time, the Breach specified in such notice shall cease to exist. Subject to the limitation specified in the following sentence, if a Breach is not cured as provided in this Section 11, or if a Breach is not capable of being cured within the period provided for herein, the nonbreaching Party shall have the right to declare a default and terminate this Agreement by written notice at any time until cure occurs, and be relieved of any further obligation hereunder. The deadlines for cure and the right to declare a default and terminate this Agreement shall be suspended during the pendency of any efforts or proceedings in accordance with Section 18 of this Agreement to resolve a dispute as to whether a Breach has occurred or been cured. The provisions of this Section 11 will survive termination of this Agreement.

  • Performance Default and Remedies Subsection B. DEFAULT AND REMEDIES, second paragraph of the Contract is modified as follows (underlined language is added and stricken language is deleted): “Written notice of default and a reasonable 30-day opportunity to cure must be issued by the party claiming default.”

  • Termination for Default The County may, by written notice to the Contractor terminate this contract for default in whole or in part (delivery orders, if applicable) if the Contractor fails to:

  • SUSPENSION & TERMINATION FOR DEFAULT Enterprise Services may suspend Contractor’s operations under this Master Contract immediately by written cure notice of any default. Suspension shall continue until the default is remedied to Enterprise Services’ reasonable satisfaction; Provided, however, that, if after thirty (30) days from such a suspension notice, Contractor remains in default, Enterprise Services may terminate Contractor’s rights under this Master Contract. All of Contractor’s obligations to Enterprise Services and Purchasers survive termination of Contractor’s rights under this Master Contract, until such obligations have been fulfilled.

  • Default Termination a. In the event that the Property has been sold contrary to or any person bids in contravention of the provisions in Clause 4 above, then such sale shall be cancelled and become null and void and of no further effect wherein all monies paid by the Purchaser hitherto including the Deposit shall be forfeited absolutely and immediately.

  • Erroneous Termination for Default If, after notice of termination of Vendor’s right to proceed under the provisions of this clause, it is determined for any reason that the contract was not in default, or that the delay was excusable under the provisions of the prior paragraph (Excuse for Nonperformance or Delayed Performance), the rights and obligations of the parties shall be the same as if the notice of termination had been one of termination for convenience.

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