Common use of Default Remedy Clause in Contracts

Default Remedy. 3 22.4.1 If the Interconnector is in Default, subject to Section 8.4 herein and except as 4 necessary to maintain the safety and reliability of the Common Bus in 5 accordance with Section 8.1.1 herein, Operator shall continue any of the 6 services provided or made available hereunder to Interconnector and not 7 suspend any right granted to Interconnector pursuant to Section 6 hereof; 8 provided that Operator may exercise its rights and remedies set forth in 9 Section 22.4.5 herein. Operator's continuance of Interconnector's service and 10 rights shall not act to relieve Interconnector of any of its duties or obligations 11 under this Agreement. 12 22.4.2 Within ten (10) Business Days after receiving notice that another Hassayampa 13 Interconnector is in breach of its obligation to pay any portion of the Operating 14 Costs and has not cured such breach within the applicable cure period, 15 Interconnector shall pay its Pro Rata Share (calculated without including the 16 terminations of the defaulting entity) of such unpaid amount. In such event, 17 Operator shall diligently exercise its rights and remedies available under 18 contract, at law or in equity against the breaching Hassayampa 19 Interconnector, in order to effectuate the reimbursement of Interconnector. 20 22.4.3 If any Hassayampa Interconnector cures a payment breach after 21 Interconnector has paid any portion thereof, Operator shall reimburse 22 Interconnector out of the amounts paid to effectuate such cure. 23 22.4.4 If any Party failed to perform any duty or obligation under this Agreement and 1 such failure causes or threatens immediate harm to another Party, the 2 affected Party may, whether or not notice has been given or the applicable 3 grace period has expired, and whether or not the dispute resolution procedure 4 set forth in Section 23 herein has been completed, bring an action in any court 5 of competent jurisdiction seeking injunctive relief in accordance with 6 applicable rules of civil procedure. 7 22.4.5 Except as expressly limited by this Agreement, in the event Interconnector is 8 in Default, Operator may without further notice exercise any rights and 9 remedies provided herein or otherwise available at law or in equity, including 10 the right to terminate this Agreement upon giving notice of intent to terminate 11 to the Interconnector and the filing at FERC of a notice of termination for the 12 Agreement, which filing must be accepted for filing by FERC. 13 22.4.6 If the Operator or any ANPP Switchyard Participant is in Default, 14 Interconnector may without further notice exercise any rights and remedies 15 provided for herein or otherwise available at law or equity.

Default Remedy. 3 22 22.4.1 If the Interconnector is in Default, subject to Section 8.4 herein and except as 4 23 necessary to maintain the safety and reliability of the Common Bus in 5 1 accordance with Section 8.1.1 herein, Operator shall continue any of the 6 2 services provided or made available hereunder to Interconnector and not 7 3 suspend any right granted to Interconnector pursuant to Section 6 hereof; 8 4 provided that Operator may exercise its rights and remedies set forth in 9 5 Section 22.4.5 herein. Operator's continuance of Interconnector's service and 10 6 rights shall not act to relieve Interconnector of any of its duties or obligations 11 7 under this Agreement. 12 8 22.4.2 Within ten (10) Business Days after receiving notice that another Hassayampa 13 9 Interconnector is in breach of its obligation to pay any portion of the Operating 14 10 Costs and has not cured such breach within the applicable cure period, 15 11 Interconnector shall pay its Pro Rata Share (calculated without including the 16 12 terminations of the defaulting entity) of such unpaid amount. In such event, 17 13 Operator shall diligently exercise its rights and remedies available under 18 14 contract, at law or in equity against the breaching Hassayampa 19 15 Interconnector, in order to effectuate the reimbursement of Interconnector. 20 16 22.4.3 If any Hassayampa Interconnector cures a payment breach after 21 17 Interconnector has paid any portion thereof, Operator shall reimburse 22 18 Interconnector out of the amounts paid to effectuate such cure. 23 19 22.4.4 If any Party failed to perform any duty or obligation under this Agreement and 1 20 such failure causes or threatens immediate harm to another Party, the 2 21 affected Party may, whether or not notice has been given or the applicable 3 22 grace period has expired, and whether or not the dispute resolution procedure 4 23 set forth in Section 23 herein has been completed, bring an action in any court 5 1 of competent jurisdiction seeking injunctive relief in accordance with 6 2 applicable rules of civil procedure. 7 3 22.4.5 Except as expressly limited by this Agreement, in the event Interconnector is 8 4 in Default, Operator may without further notice exercise any rights and 9 5 remedies provided herein or otherwise available at law or in equity, including 10 6 the right to terminate this Agreement upon giving notice of intent to terminate 11 7 to the Interconnector and the filing at FERC of a notice of termination for the 12 8 Agreement, which filing must be accepted for filing by FERC. 13 9 22.4.6 If the Operator or any ANPP Switchyard Participant is in Default, 14 10 Interconnector may without further notice exercise any rights and remedies 15 11 provided for herein or otherwise available at law or equity.

Default Remedy. 3 22.4.1 30.4.1 If the Interconnector is in within five (5) business days after receiving written notice of default pursuant to Section 30.1, Payment Default, subject hereof, or within thirty (30) calendar days after receiving written notice of default of Section 30.2, Performance Default, hereof, the defaulting Interconnection Participant does not cure the default, the non-defaulting Interconnection Participants shall remedy such default either by advancing the necessary funds and/or rendering the necessary service, with each non-defaulting Interconnection Participant contributing to Section 8.4 herein and except as 4 necessary to maintain the safety and reliability such remedy an equal share of the Common Bus payment due and owing, or, as otherwise agreed, to cover the default. 30.4.2 The defaulting Interconnection Participant shall pay promptly upon demand to each non-defaulting Interconnection Participant the total amount of money and/or the reasonable equivalent in 5 accordance money of non-monetary performance, if any, made by such non-defaulting Interconnection Participant to cure any default by the defaulting Interconnection Participant together with interest on such money and/or the costs of non-monetary performance at the rate of ten percent (10 %) per annum or the maximum rate of interest legally chargeable, whichever is the lesser, from the date of the expenditure of such money and/or the date of completion of such non-monetary performance by each such non-defaulting Interconnection Participant to the date of such reimbursement by the defaulting Interconnection Participant. 30.4.3 In the event that one or more Interconnection Participants are in default under this Agreement and the Operating Agent is not reimbursed as provided for in Section 8.1.1 30.4.1 herein, Operator shall continue the Operating Agent shall, unless otherwise directed by the E&O Committee: i) discontinue any of the 6 services provided or made available hereunder to Interconnector and not 7 such defaulting Interconnection Participant; ii) suspend any right granted to Interconnector such Interconnected Participant pursuant to Section 6 15, Operating Principles, hereof; 8 provided that Operator may exercise its rights and remedies set forth in 9 Section 22.4.5 herein. Operator's continuance of Interconnector's iii) refuse to resume any such discontinued service and 10 rights to restore any such suspended right until such default is cured; and iv) the Operating Agent may, as directed by the E&O Committee and upon notice to the 30.4.4 Any default of the Operating Agent or a Four Corners Participant to perform any obligation or duty owed hereunder shall not act be deemed to relieve Interconnector be a default under the Operating Agreement. If such default involves an Interconnection Participant, such Interconnection Participant shall have the right to give written notice of such default to Operating Agent, to each Party, and to each member of the E&O Committee. Such notice of default given to Operating Agent by any Party pursuant to Section 30.2, Performance Default, hereof shall include a statement of its duties the reasons, in such Party's view, that the Operating Agent or obligations 11 under this Agreement. 12 22.4.2 Within ten (10) Business Days after receiving notice that another Hassayampa 13 Interconnector Four Corners Participant is in breach of its obligation to pay any portion this Agreement and such notice shall be deemed a notice given under Article 28 of the Operating 14 Costs and has not cured such breach within the applicable cure period, 15 Interconnector shall pay its Pro Rata Share (calculated without including the 16 terminations of the defaulting entity) of such unpaid amount. In such event, 17 Operator shall diligently exercise its rights and remedies available under 18 contract, at law or in equity against the breaching Hassayampa 19 Interconnector, in order to effectuate the reimbursement of InterconnectorAgreement. 20 22.4.3 If any Hassayampa Interconnector cures a payment breach after 21 Interconnector has paid any portion thereof, Operator shall reimburse 22 Interconnector out of the amounts paid to effectuate such cure. 23 22.4.4 If any Party failed to perform any duty or obligation under this Agreement and 1 such failure causes or threatens immediate harm to another Party, the 2 affected Party may, whether or not notice has been given or the applicable 3 grace period has expired, and whether or not the dispute resolution procedure 4 set forth in Section 23 herein has been completed, bring an action in any court 5 of competent jurisdiction seeking injunctive relief in accordance with 6 applicable rules of civil procedure. 7 22.4.5 Except as expressly limited by this Agreement, in the event Interconnector is 8 in Default, Operator may without further notice exercise any rights and 9 remedies provided herein or otherwise available at law or in equity, including 10 the right to terminate this Agreement upon giving notice of intent to terminate 11 to the Interconnector and the filing at FERC of a notice of termination for the 12 Agreement, which filing must be accepted for filing by FERC. 13 22.4.6 If the Operator or any ANPP Switchyard Participant is in Default, 14 Interconnector may without further notice exercise any rights and remedies 15 provided for herein or otherwise available at law or equity.

Default Remedy. 3 20 22.4.1 If the Interconnector is in Default, subject to Section 8.4 herein and except as 4 21 necessary to maintain the safety and reliability of the Common Bus in 5 22 accordance with Section 8.1.1 herein, Operator shall continue any of the 6 23 services provided or made available hereunder to Interconnector and not 7 1 suspend any right granted to Interconnector pursuant to Section 6 hereof; 8 2 provided that Operator may exercise its rights and remedies set forth in 9 3 Section 22.4.5 herein. Operator's continuance of Interconnector's service and 10 4 rights shall not act to relieve Interconnector of any of its duties or obligations 11 5 under this Agreement. 12 6 22.4.2 Within ten (10) Business Days after receiving notice that another Hassayampa 13 7 Interconnector is in breach of its obligation to pay any portion of the Operating 14 8 Costs and has not cured such breach within the applicable cure period, 15 9 Interconnector shall pay its Pro Rata Share (calculated without including the 16 10 terminations of the defaulting entity) of such unpaid amount. In such event, 17 11 Operator shall diligently exercise its rights and remedies available under 18 12 contract, at law or in equity against the breaching Hassayampa 19 13 Interconnector, in order to effectuate the reimbursement of Interconnector. 20 14 22.4.3 If any Hassayampa Interconnector cures a payment breach after 21 15 Interconnector has paid any portion thereof, Operator shall reimburse 22 16 Interconnector out of the amounts paid to effectuate such cure. 23 17 22.4.4 If any Party failed to perform any duty or obligation under this Agreement and 1 18 such failure causes or threatens immediate harm to another Party, the 2 19 affected Party may, whether or not notice has been given or the applicable 3 20 grace period has expired, and whether or not the dispute resolution procedure 4 21 set forth in Section 23 herein has been completed, bring an action in any court 5 22 of competent jurisdiction seeking injunctive relief in accordance with 6 23 applicable rules of civil procedure. 7 1 22.4.5 Except as expressly limited by this Agreement, in the event Interconnector is 8 2 in Default, Operator may without further notice exercise any rights and 9 3 remedies provided herein or otherwise available at law or in equity, including 10 4 the right to terminate this Agreement upon giving notice of intent to terminate 11 5 to the Interconnector and the filing at FERC of a notice of termination for the 12 6 Agreement, which filing must be accepted for filing by FERC. 13 7 22.4.6 If the Operator or any ANPP Switchyard Participant is in Default, 14 8 Interconnector may without further notice exercise any rights and remedies 15 9 provided for herein or otherwise available at law or equity.