Common use of Default by Manufacturer Clause in Contracts

Default by Manufacturer. Each of the following events shall be deemed to constitute breach of this Agreement and, unless cured within 90 days, shall constitute a default hereunder by the Manufacturer: (a) If at any time prior to the delivery of the TCTS-1 System to the Site: (i) The Manufacturer makes an assignment for the benefit of creditors; (ii) A voluntary or involuntary petition is filed by or against the Manufacturer under any law having for its purpose and adjudication of the Manufacturer a bankrupt or the extension of the time of payment of, adjustment of, or other arrangement affecting the liabilities of the Manufacturer, or the reorganization of the Manufacturer and such petition is not discharged or dismissed within one hundred twenty (120) days after such petition is filed; (iii) A Receiver is appointed for the property of the Manufacturer and is not discharged or dismissed within one hundred twenty (120) days after such appointment; or (iv) Any distress, execution, or attachment is levied upon the Manufacturer's property to the extent that the Manufacturer is not able to fulfill its obligations to deliver the TCTS-1 within 90 days of the anticipated Deliver Date. (b) The Manufacturer fails to deliver the TCTS-1 System in accordance with the terms and provisions of Section 7, above, within 90 days of the Delivery Date unless prior thereto, the Operator has failed to meet the payment provisions set forth above in Section 3.3 of this Agreement; (c) The TCTS-1 System fails to operate for a full Test (or re-test) Period, in accordance with Section 8.2 hereof, within ninety (90) days from the date the TCTS-1 System is completely installed at the Site.

Default by Manufacturer. 12.1.1 Each of the following events shall be deemed to constitute breach of this Agreement and, unless cured within 90 ninety (90) days, shall constitute a default hereunder by the Manufacturer: (a) If at any time prior to the delivery of the TCTS-1 TCS-1 System to the Site: (i) The Manufacturer makes an assignment for the benefit of creditors; (ii) A voluntary or involuntary petition is filed by or against the Manufacturer under any law having for its purpose and adjudication of the Manufacturer a bankrupt or the extension of the time of payment of, adjustment of, or other arrangement affecting the liabilities of the Manufacturer, or the reorganization of the Manufacturer and such petition is not discharged or dismissed within one hundred twenty (120) days after such petition is filed; (iii) A Receiver is appointed for the property of the Manufacturer and is not discharged or dismissed within one hundred twenty (120) days after such appointment; or (iv) Any distress, execution, or attachment is levied upon the Manufacturer's property to the extent that the Manufacturer is not able to fulfill its obligations to deliver the TCTS-1 TCS-1 within 90 days ninety (90) of the anticipated Deliver Date. (b) The Manufacturer fails to deliver the TCTS-1 TCS-1 System in accordance with the terms and provisions of Section 7, above, within 90 ninety (90) days of the Delivery Date unless prior thereto, the Operator has failed to meet the payment provisions set forth above in Section 3.3 of this Agreement; (c) The TCTS-1 TCS-1 System fails to operate for a full Test (or re-test) Period, in accordance with Section 8.2 hereof, as specified Schedule 8.2 hereto , within ninety (90) days from the date the TCTS-1 TCS-1 System is completely installed at actually delivered to the Site.

Default by Manufacturer. Each of the following events shall be deemed to constitute breach of this Agreement and, unless cured within 90 days, shall constitute a default hereunder by the Manufacturer: (a) If at any time prior to the delivery of the TCTS-1 TCS-1 System to the Site: (i) The Manufacturer makes an assignment for the benefit of creditors; (ii) A voluntary or involuntary petition is filed by or against the Manufacturer under any law having for its purpose and adjudication of the Manufacturer a bankrupt or the extension of the time of payment of, adjustment of, or other arrangement affecting the liabilities of the Manufacturer, or the reorganization of the Manufacturer and such petition is not discharged or dismissed within one hundred twenty (120) days after such petition is filed; (iii) A Receiver is appointed for the property of the Manufacturer and is not discharged or dismissed within one hundred twenty (120) days after such appointment; or (iv) Any distress, execution, or attachment is levied upon the Manufacturer's property to the extent that the Manufacturer is not able to fulfill its obligations to deliver the TCTS-1 TCS-1 within 90 days of the anticipated Deliver Date. (b) The Manufacturer fails to deliver the TCTS-1 TCS-1 System in accordance with the terms and provisions of Section 7, above, within 90 days of the Delivery Date unless prior thereto, the Operator has failed to meet the payment provisions set forth above in Section 3.3 of this Agreement; (c) The TCTS-1 TCS-1 System fails to operate for a full Test (or re-test) Period, in accordance with Section 8.2 hereof, within ninety (90) days from the date the TCTS-1 TCS-1 System is completely installed at the Site.

Default by Manufacturer. 12.1.1 Each of the following events shall be deemed to constitute breach of this Agreement and, unless cured within 90 ninety (90) days, shall constitute a default hereunder by the Manufacturer: (a) If at any time prior to the delivery of the TCTS-1 TCS-1 System to the Site: (i) The Manufacturer makes an assignment for the benefit of creditors; (ii) A voluntary or involuntary petition is filed by or against the Manufacturer under any law having for its purpose and adjudication of the Manufacturer a bankrupt or the extension of the time of 422 payment of, adjustment of, or other arrangement affecting the liabilities of the Manufacturer, or the reorganization of the Manufacturer and such petition is not discharged or dismissed within one hundred twenty (120) days after such petition is filed; (iii) A Receiver is appointed for the property of the Manufacturer and is not discharged or dismissed within one hundred twenty (120) days after such appointment; or (iv) Any distress, execution, or attachment is levied upon the Manufacturer's property to the extent that the Manufacturer is not able to fulfill its obligations to deliver the TCTS-1 TCS-1 within 90 days ninety (90) of the anticipated Deliver Date. (b) The Manufacturer fails to deliver the TCTS-1 TCS-1 System in accordance with the terms and provisions of Section 7, above, within 90 ninety (90) days of the Delivery Date unless prior thereto, the Operator has failed to meet the payment provisions set forth above in Section 3.3 of this Agreement; (c) The TCTS-1 TCS-1 System fails to operate for a full Test (or re-test) Period, in accordance with Section 8.2 hereof, as specified Schedule 8.2 hereto , within ninety (90) days from the date the TCTS-1 TCS-1 System is completely installed at actually delivered to the Site.

Default by Manufacturer. 12.1.1 Each of the following events shall be deemed to constitute breach of this Agreement and, unless cured within 90 ninety (90) days, shall constitute a default hereunder by the Manufacturer: (a) If at any time prior to the delivery of the TCTS-1 TCS-1 System to the Site: (i) The Manufacturer makes an assignment for the benefit of creditors; (ii) A voluntary or involuntary petition is filed by or against the Manufacturer under any law having for its purpose and adjudication of the Manufacturer a bankrupt or the extension of the time of payment of, adjustment of, or other arrangement affecting the liabilities of the Manufacturer, or the reorganization of the Manufacturer and such petition is not discharged or dismissed within one hundred twenty (120) days after such petition is filed; (iii) A Receiver is appointed for the property of the Manufacturer and is not discharged or dismissed within one hundred twenty (120) days after such appointment; 271 or (iv) Any distress, execution, or attachment is levied upon the Manufacturer's property to the extent that the Manufacturer is not able to fulfill its obligations to deliver the TCTS-1 TCS-1 within 90 days ninety (90) of the anticipated Deliver Date. (b) The Manufacturer fails to deliver the TCTS-1 TCS-1 System in accordance with the terms and provisions of Section 7, above, within 90 ninety (90) days of the Delivery Date unless prior thereto, the Operator has failed to meet the payment provisions set forth above in Section 3.3 of this Agreement; (c) The TCTS-1 TCS-1 System fails to operate for a full Test (or re-test) Period, in accordance with Section 8.2 hereof, as specified Schedule 8.2 hereto , within ninety (90) days from the date the TCTS-1 TCS-1 System is completely installed at actually delivered to the Site.