Common use of Default by Operator Clause in Contracts

Default by Operator. 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 Operator: (a) The Operator fails to make any payment required to be made pursuant to Sections 3.3 or 4.3 of this Agreement or, if the parties shall enter into the Projected Maintenance Agreement, any payment required to be made by the Operator under the Projected Maintenance Agreement and such failure to make payment shall have continued for a period of ten (10) days after written notice from the Manufacturer; (b) The Operator refuses to accept or allow the Manufacturer to install or test the TCTS-1 System in accordance with Sections 7.2, 8.2, and 8.3 of this Agreement, notwithstanding that such System has been: (i) delivered to the Operator's Site on a timely basis or (ii) delivered to the Site and has performed in accordance with the specifications set forth in Section 8.2 hereof for the prescribed Test Period; (c) The Operator makes an assignment for the benefit of creditors; (d) A voluntary or involuntary petition is filed by or against the Operator under any law having for its purpose and adjudication of the Operator a bankrupt or the extension of the time of payment of, adjustment of, or other arrangement affecting the liabilities of the Operator, or the reorganization of the Operator and such petition is not discharged or dismissed within one hundred twenty (120) days after such petition is filed; (e) A Receiver is appointed for the property of the Operator; (f) Any distress, execution, or attachment is levied upon the machines or the Operator's property; or (g) The Operator fails to faithfully and fully comply with the terms and provisions of Section 5.2 of this Agreement, with any such failure deemed to be an irremediable material breach of this Agreement immediately upon its occurrence. (h) The Operator fails to reasonably, faithfully, and fully maintain the TCTS-1 in accordance with standards and procedures to be specified in the Projected Maintenance Agreement or otherwise, and fails to cure such breach within the time period specified therein with respect to such failure.

Default by Operator. 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 Operator:: 356 (a) The Operator fails to make any payment required to be made pursuant to Sections 3.3 or 4.3 of this Agreement or, if the parties shall enter into the Projected Maintenance Agreement, any payment required to be made by the Operator under the Projected Maintenance Agreement and such failure to make payment shall have continued for a period of ten (10) days after written notice from the Manufacturer; (b) The Operator refuses to accept or allow the Manufacturer to install or test the TCTS-1 TCS-1 System in accordance with Sections 7.2, 8.2, and 8.3 of this Agreement, notwithstanding that such System has been: (i) delivered to the Operator's Site on a timely basis or (ii) delivered to the Site and has performed in accordance with the specifications set forth in Section 8.2 hereof for the prescribed Test Period; (c) The Operator makes an assignment for the benefit of creditors; (d) A voluntary or involuntary petition is filed by or against the Operator under any law having for its purpose and adjudication of the Operator a bankrupt or the extension of the time of payment of, adjustment of, or other arrangement affecting the liabilities of the Operator, or the reorganization of the Operator and such petition is not discharged or dismissed within one hundred twenty (120) days after such petition is filed; (e) A Receiver is appointed for the property of the Operator; (f) Any distress, execution, or attachment is levied upon the machines or the Operator's property; or (g) The Operator fails to faithfully and fully comply with the terms and provisions of Section 5.2 of this Agreement, with any such failure deemed to be an irremediable material breach of this Agreement immediately upon its occurrence. (h) The Operator fails to reasonably, faithfully, and fully maintain the TCTS-1 TCS-1 in accordance with standards and procedures to be specified in the Projected Maintenance Agreement or otherwise, and fails to cure such breach within the time period specified therein with respect to such failure.

Default by Operator. 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 Operator:: 381 (a) The Operator fails to make any payment required to be made pursuant to Sections 3.3 or 4.3 of this Agreement or, if the parties shall enter into the Projected Maintenance Agreement, any payment required to be made by the Operator under the Projected Maintenance Agreement and such failure to make payment shall have continued for a period of ten (10) days after written notice from the Manufacturer; (b) The Operator refuses to accept or allow the Manufacturer to install or test the TCTS-1 System in accordance with Sections 7.2, 8.2, and 8.3 of this Agreement, notwithstanding that such System has been: (i) delivered to the Operator's Site on a timely basis or (ii) delivered to the Site and has performed in accordance with the specifications set forth in Section 8.2 hereof for the prescribed Test Period; (c) The Operator makes an assignment for the benefit of creditors; (d) A voluntary or involuntary petition is filed by or against the Operator under any law having for its purpose and adjudication of the Operator a bankrupt or the extension of the time of payment of, adjustment of, or other arrangement affecting the liabilities of the Operator, or the reorganization of the Operator and such petition is not discharged or dismissed within one hundred twenty (120) days after such petition is filed; (e) A Receiver is appointed for the property of the Operator; (f) Any distress, execution, or attachment is levied upon the machines or the Operator's property; or (g) The Operator fails to faithfully and fully comply with the terms and provisions of Section 5.2 of this Agreement, with any such failure deemed to be an irremediable material breach of this Agreement immediately upon its occurrence. (h) The Operator fails to reasonably, faithfully, and fully maintain the TCTS-1 in accordance with standards and procedures to be specified in the Projected Maintenance Agreement or otherwise, and fails to cure such breach within the time period specified therein with respect to such failure.

Default by Operator. 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 Operator: (a) The Operator fails to make any payment required to be made pursuant to Sections 3.3 or 4.3 of this Agreement or, if the parties shall enter into the Projected Maintenance Agreement, any payment required to be made by the Operator under the Projected Maintenance Agreement and such failure to make payment shall have continued for a period of ten (10) days after written notice from the Manufacturer; (b) The Operator refuses to accept or allow the Manufacturer to install or test the TCTS-1 TCS-1 System in accordance with Sections 7.2, 8.2, and 8.3 of this Agreement, notwithstanding that such System has been: (i) delivered to the Operator's Site on a timely basis or (ii) delivered to the Site and has performed in accordance with the specifications set forth in Section 8.2 hereof for the prescribed Test Period; (c) The Operator makes an assignment for the benefit of creditors; (d) A voluntary or involuntary petition is filed by or against the Operator under any law having for its purpose and adjudication of the Operator a bankrupt or the extension of the time of payment of, adjustment of, or other arrangement affecting the liabilities of the Operator, or the reorganization of the Operator and such petition is not discharged or dismissed within one hundred twenty (120) days after such petition is filed; (e) A Receiver is appointed for the property of the Operator; (f) Any distress, execution, or attachment is levied upon the machines or the Operator's property; or (g) The Operator fails to faithfully and fully comply with the terms and provisions of Section 5.2 of this Agreement, with any such failure deemed to be an irremediable material breach of this Agreement immediately upon its occurrence. (h) The Operator fails to reasonably, faithfully, and fully maintain the TCTS-1 TCS-1 in accordance with standards and procedures to be specified in the Projected Maintenance Agreement or otherwise, and fails to cure such breach within the time period specified therein with respect to such failure.

Default by Operator. 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 Operator: (a) The Operator fails to make any payment required to be made pursuant to Sections 3.3 or 4.3 of this Agreement or, if the parties shall enter into the Projected Maintenance Agreement, or any payment required to be made by the Operator under the Projected Maintenance Agreement and such failure to make payment shall have continued for a period of ten (10) days after written notice from the Manufacturer; (b) The Operator refuses to accept or allow the Manufacturer to install or test the TCTS-1 TCS-1 System in accordance with Sections 7.2, 8.2, and 8.3 of this Agreement, notwithstanding that such System has been: (i) delivered to the Operator's Site on a timely basis or (ii) delivered to the Site and has performed in accordance with the specifications set forth in Section Schedule 8.2 hereof for the prescribed Test Period; (c) The Operator makes an assignment for the benefit of creditors; (d) A voluntary or involuntary petition is filed by or against the Operator under any law having for its purpose and adjudication of the Operator a bankrupt or the extension of the time of payment of, adjustment of, or other arrangement affecting 423 the liabilities of the Operator, or the reorganization of the Operator and such petition is not discharged or dismissed within one hundred twenty (120) days after such petition is filed; (e) A Receiver is appointed for the property of the Operator; (f) Any distress, execution, or attachment is levied upon the machines or the Operator's property; or (g) The Operator fails to faithfully and fully comply with the terms and provisions of Section 5.2 of this Agreement, with any such failure deemed to be an irremediable material breach of this Agreement immediately upon its occurrence. (h) The Operator fails to reasonably, faithfully, faithfully and fully maintain perform each of its obligations under the TCTS-1 in accordance with standards and procedures to be specified in the Projected Maintenance Agreement or otherwise, and fails to cure such breach within the time period specified therein with respect to such failure.