Delivery Failure. Either (i) the occurrence of a Delivery Failure on eleven (11) or more calendar days during the Services Term that that are not cured through a corrective Internal Bilateral Transaction and transfer in the GIS as described in Section 4.3 (and that is not the subject of a good faith dispute pursuant to Article 11 of this Agreement, and that are not otherwise described in clause (ii) of this Section 9.2(h)), or (ii) any single Delivery Failure which Seller has failed to take commercially reasonable efforts to cure through a corrective Internal Bilateral Transaction and transfer in the GIS as described in Section 4.3 after Buyer has requested such a cure in writing (and that is not the subject of a good faith dispute pursuant to Article 11 of this Agreement); or
Appears in 7 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Delivery Failure. Either (i) the occurrence of a Delivery Failure on eleven (11) or more calendar days during the Services Term that that are not cured through a corrective Internal Bilateral Transaction and transfer in the GIS as described in Section 4.3 (and that is not the subject of a good faith dispute pursuant to Article 11 of this Agreement, and that are not otherwise described in clause (ii) of this Section 9.2(h)), or (ii) any single Delivery Failure which Seller has failed to take commercially reasonable efforts to cure through a corrective Internal Bilateral Transaction and transfer in the GIS as described in Section 4.3 after Buyer Xxxxx has requested such a cure in writing (and that is not the subject of a good faith dispute pursuant to Article 11 of this Agreement); or
Appears in 3 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Delivery Failure. Either (i) the occurrence of a Delivery Failure on eleven (11) 11 or more calendar days during the Services Term that that are not cured through a corrective Internal Bilateral Transaction and transfer in the GIS as described in Section 4.3 (and that is not the subject of a good faith dispute pursuant to Article 11 of this Agreement, and that are not otherwise described in clause (ii) of this Section 9.2(h)), or (ii) any single Delivery Failure which the Seller has failed to take commercially reasonable efforts to cure through a corrective Internal Bilateral Transaction and transfer in the GIS as described in Section 4.3 after the Buyer has requested such a cure in writing (and that is not the subject of a good faith dispute pursuant to Article 11 of this Agreement); or
Appears in 1 contract
Samples: Power Purchase Agreement
