Default by LADWP. Failure by LADWP to substantially observe and perform any material provision required by this Agreement, where such failure results in a condition materially harmful to Customer and continues for thirty (30) calendar days after receipt of written notice from Customer, shall constitute a material breach and default by LADWP of this Agreement, provided, however, that if the nature of such default is curable, but that the same cannot with due diligence be cured within the thirty (30) calendar day period, LADWP shall not be deemed to be in default if it commences to cure the default within the thirty (30) calendar day period and thereafter diligently prosecutes the same to completion.
Appears in 3 contracts
Samples: Feed in Tariff Customer Generation Interconnection Agreement, Feed in Tariff Customer Generation Interconnection Agreement, Virtual Net Energy Metering Customer Generation Interconnection Agreement
Default by LADWP. Failure by LADWP to substantially observe and perform any material provision required by this Agreement, where such failure results in a condition materially harmful to Customer and continues for thirty (30) calendar days Business Days after receipt of written notice from CustomerSeller, shall constitute a material breach and default by LADWP of this Agreement, provided.Provided, however, that if the nature of such default is curable, but that the same cannot with due diligence be cured within the thirty (30) calendar day period, period LADWP shall not be deemed to be in default if it commences to cure the default shall within the thirty (30) calendar day period and thereafter commence to cure the default and, thereafter, diligently prosecutes prosecute the same to completion.
Appears in 2 contracts
Default by LADWP. Failure by LADWP to substantially observe and perform any material provision required by this Agreement, where such failure results in a condition materially harmful to Customer Interconnector(s) and continues for thirty (30) calendar days after receipt of written notice from CustomerInterconnector(s), shall constitute a material breach and default by LADWP of this Agreement, provided, however, that if the nature of such default is curable, but that the same cannot with due diligence be cured within the thirty (30) calendar day period, LADWP shall not be deemed to be in default if it commences to cure the default within the thirty (30) calendar day period and thereafter diligently prosecutes the same to completion.
Appears in 1 contract
Samples: Interconnection Agreement
