Common use of Defaults with No Cure Period Clause in Contracts

Defaults with No Cure Period. Operator and Company agree that Operator’s failure to comply with any of the following will be a material breach of this Agreement and shall result in Company’s right to early termination of this Agreement upon written notice to Operator, but without being subject to a cure period, provided however, that Company shall be obligated to pay for any capacity and energy delivered by Facility prior to termination of this Agreement at the rates stated herein: (i) failure to commence construction of the Facility, as defined in Section 6(b), within the later of fourteen (14) months from the Effective Date of this Agreement or thirty (30) days after the Company tenders an Interconnection Agreement for execution by Operator; (ii) delivery or supply of electrical output to any entity other than Dominion Energy North Carolina or its agent, assignee or successor; (iii) Operator increases the aggregate maximum net power production capacity (calculated in accordance with FERC Form 556) of the Facility above the Contracted Capacity without the prior written approval of Company; (iv) failure to generate and deliver any electrical output from the Facility for more than 180 consecutive days at any time after COD; provided, however, if such failure is due to Force Majeure as defined in Exhibit B and Operator has complied with the requirements of Exhibit B with respect to such Force Majeure, then Company may not terminate this Agreement unless the failure lasts for three hundred sixty-five consecutive days.

Defaults with No Cure Period. Operator and Company agree that Operator’s failure to comply with any of the following will be a material breach of this Agreement and shall result in Company’s right to early termination of this Agreement upon written notice to Operator, but without being subject to a cure period, provided however, that Company shall be obligated to pay for any capacity and energy delivered by Facility prior to termination of this Agreement at the rates stated herein: (i) failure Failure to commence construction of the Facility, as defined in Section 6(b), within the later of fourteen (14) months from the Effective Date of this Agreement or thirty (30) days after the Company tenders an Interconnection Agreement for execution by Operator; (ii) delivery Delivery or supply of electrical output to any entity other than Dominion Energy North Carolina or its agent, assignee or successor; (iii) Operator increases the aggregate maximum net power production capacity (calculated in accordance with FERC Form form 556) of the Facility above the Contracted Capacity without the prior written approval of Company;; or (iv) failure to generate and deliver any electrical output energy and capacity from the Facility for more than 180 consecutive days at any time after COD; provided, however, if such failure is due to Force Majeure as defined in Exhibit B and Operator has complied with the requirements of Exhibit B with respect to such Force Majeure, then Company may not terminate this Agreement unless the failure lasts for three hundred sixty-five consecutive days.

Defaults with No Cure Period. Operator and Company agree that Operator’s failure to comply with any of the following will be a material breach of this Agreement and shall result in Company’s right to early termination of this Agreement upon written notice to Operator, but without being subject to a cure period, provided however, that Company shall be obligated to pay for any capacity and energy delivered by Facility prior to termination of this Agreement at the rates stated herein: (i) failure Failure to commence construction of the Facility, as defined in Section 6(b), within the later of fourteen (14) months from the Effective Date of this Agreement or thirty (30) days after the Company tenders an Interconnection Agreement for execution by Operator; (ii) delivery Delivery or supply of electrical output to any entity other than Dominion Energy North Carolina or its agent, assignee or successor; (iii) Operator increases the aggregate maximum net power production capacity (calculated in accordance with FERC Form form 556) of the Facility above the Contracted Capacity without the prior written approval of Company;; or (iv) failure to generate and deliver any electrical output energy and capacity from the Facility for more than 180 consecutive days at any time after COD; provided, however, if such failure is due to Force Majeure as defined in Exhibit B and Operator has complied with the requirements of Exhibit B with respect to such Force Majeure, then Company may not terminate this Agreement unless the failure lasts for three hundred sixty-sixty- five consecutive days.

Defaults with No Cure Period. Operator and Company agree that Operator’s failure to comply with any of the following will be a material breach of this Agreement and shall result in Company’s right to early termination of this Agreement upon written notice to Operator, but without being subject to a cure period, provided however, that Company shall be obligated to pay for any capacity and energy delivered by Facility prior to termination of this Agreement at the rates stated herein:. (i) failure to commence construction of the Facility, as defined in Section 6(b), within the later of fourteen (14) months from the Effective Date of this Agreement or thirty (30) days after the Company tenders an Interconnection Agreement for execution by Operator; (ii) delivery or supply of electrical output to any entity other than Dominion Energy North Carolina Power or its agent, assignee or successor; (iii) Operator increases the aggregate maximum net power production capacity (calculated in accordance with FERC Form 556) of the Facility above the Contracted Capacity without the prior written approval of Company; (iv) failure to generate and deliver any electrical output energy and capacity from the Facility for more than 180 consecutive days at any time after COD; provided, however, if such failure is due to Force Majeure as defined in Exhibit B and Operator has complied with the requirements of Exhibit B with respect to such Force Majeure, then Company may not terminate this Agreement unless the failure lasts for three hundred sixty-five consecutive days.