Common use of DEMANDS AND NOTICE Clause in Contracts

DEMANDS AND NOTICE. Upon the occurrence and during the continuance of an Event of Default or termination, as may be defined in the Agreement, if Seller fails or refuses to perform or pay any Obligations and the Buyer elects to exercise its rights under this Guaranty, the Buyer shall make a demand upon Guarantor (hereinafter referred to as a “Demand”). A Demand shall be in writing and shall reasonably and briefly specify in what manner and what amount Seller has failed to perform or pay and an explanation of why such performance or payment is due, with a specific statement that the Buyer is calling upon Guarantor to perform and/or pay under this Guaranty. A Demand satisfying the foregoing requirements shall be required with respect to Obligations before Guarantor is required to perform or pay (free of any deductions or withholdings) such Obligations hereunder and shall be deemed sufficient notice to Guarantor that it must perform the Obligations within two (2) Business Days, or pay the Obligations within five (5) Business Days, after its receipt of the Demand. A single written Demand shall be effective as to any specific default during the continuance of such default, until Seller or Guarantor has cured such default, and additional written demands concerning such default shall not be required until such default is cured. As used herein, the term “Business Day” shall mean a day on which commercial banks or financial institutions are open for business in the State of New Hampshire.

DEMANDS AND NOTICE. Upon the occurrence and during the continuance of an Event of Default or termination, as may be defined in the Agreement, if Seller fails or refuses to perform or pay any Obligations and the Buyer elects to exercise its rights under this Guaranty, the Buyer shall make a demand upon Guarantor (hereinafter referred to as a “Demand”). A Demand shall be in writing and shall reasonably and briefly specify in what manner and what amount Seller has failed to perform or pay and an explanation of why such performance or payment is due, with a specific statement that the Buyer is calling upon Guarantor to perform and/or pay under this Guaranty. A Demand satisfying the foregoing requirements shall be required with respect to Obligations before Guarantor is required to perform or pay (free of any deductions or withholdings) such Obligations hereunder and shall be deemed sufficient notice to Guarantor that it must perform the Obligations within two (2) Business Days, or pay the Obligations within five (5) Business Days, after its receipt of the Demand. A single written Demand shall be effective as to any specific default during the continuance of such default, until Seller or Guarantor has cured such default, and additional written demands concerning such default shall not be required until such default is cured. As used herein, the term “Business Day” shall mean a day on which commercial banks or financial institutions are open for business in the State of New HampshireRhode Island.

DEMANDS AND NOTICE. Upon the occurrence and during the continuance of an Event of Default or termination, as may be defined in the Agreement, if Seller fails or refuses to perform or pay any Obligations and the Buyer elects to exercise its rights under this Guaranty, the Buyer shall make a demand upon Guarantor (hereinafter referred to as a “Demand”). A Demand shall be in writing and shall reasonably and briefly specify in what manner and what amount Seller has failed to perform or pay and an explanation of why such performance or payment is due, with a specific statement that the Buyer is calling upon Guarantor to perform and/or pay under this Guaranty. A Demand satisfying the foregoing requirements shall be required with respect to Obligations before Guarantor is required to perform or pay (free of any deductions or withholdings) such Obligations hereunder and shall be deemed sufficient notice to Guarantor that it must perform the Obligations within two (2) Business Days, or pay the Obligations within five (5) Business Days, after its receipt of the Demand. A single written Demand shall be effective as to any specific default during the continuance of such default, until Seller or Guarantor has cured such default, and additional written demands concerning such default shall not be required until such default is cured. As used herein, the term “Business Day” shall mean a day on which commercial banks or financial institutions are open for business in the State Commonwealth of New HampshireMassachusetts.

DEMANDS AND NOTICE. Upon the occurrence and during the continuance of an Event of Default or termination, as may be defined in the Agreement, if Seller If Counterparty fails or refuses to perform or pay any Obligations Obligations, and any of the Buyer elects Enron Parties has elected to exercise its rights under this Guaranty, the Buyer such Enron Party shall make a demand upon Guarantor (hereinafter referred to as a “Payment Demand”). A Payment Demand shall be in writing and shall reasonably and briefly specify in what manner and what amount Seller Counterparty has failed to perform or pay and an explanation of why such performance or payment is due, with a specific statement that the Buyer such Enron Party is calling upon Guarantor to perform and/or pay under this Guaranty. A Payment Demand satisfying the foregoing requirements shall be required with respect to Obligations before Guarantor is required to perform or pay (free of any deductions or withholdings) such Obligations hereunder and shall be deemed sufficient notice to Guarantor that it must perform the Obligations within two (2) Business Days, or pay the Obligations within five (5) Business Days, Days after its receipt of the Payment Demand. A single written Payment Demand shall be effective as to any specific default during the continuance of such default, until Seller Counterparty or Guarantor has cured such default, and additional written demands concerning such default shall not be required until such default is cured. As used herein, the term “Business Day” shall mean a day on which commercial banks or financial institutions are open for business in Houston, Texas and New York, New York. Guarantor shall not be liable for any Payment Demands in excess of the State Guarantee Cap. In the event Guarantor receives approximately simultaneous Payment Demands from the Enron Parties in excess of New Hampshirethe Guarantee Cap, Guarantor’s total payment up to but not exceeding U.S.$30,000,000 shall be allocated among the Contracts to which the Enron Parties are parties in accordance with each Contract’s percentage of the total amount demanded by both. In all other instances, Guarantor’s payments hereunder, up to and including, but not in excess of the Guarantee Cap, will be made in the order in which the associated Payment Demands were received.

DEMANDS AND NOTICE. Upon the occurrence and during the continuance of an Event of Default or termination, as may be defined in the Agreement, if Seller If EPMI fails or refuses to perform or pay any Obligations when due, and the Buyer Frontera elects to exercise its rights under this Guaranty, the Buyer Frontera shall make a demand upon Guarantor (hereinafter referred to as a “Payment Demand”). A Payment Demand shall be in writing and shall reasonably and briefly specify in what manner and what amount Seller EPMI has failed to perform or pay and an explanation of why such performance or payment is due, with a specific statement that the Buyer Frontera is calling upon Guarantor to perform and/or pay under this Guaranty. A Payment Demand satisfying the foregoing requirements when delivered to Guarantor pursuant to Paragraph 7 of this Guaranty shall be required with respect to Obligations before Guarantor is required to perform or pay (free of any deductions or withholdings) such Obligations hereunder and shall be deemed sufficient notice to Guarantor that it must perform the Obligations within two (2) Business Days, or pay the Obligations within five (5) Business Days, days after its receipt of the Payment Demand. Within five (5) days of receipt of a Payment Demand, Guarantor shall pay to Frontera the amount set forth in the Payment Demand. A single written Payment Demand that complies with the terms of this Paragraph 2 shall be effective as to any specific default failure to pay during the continuance of such defaultfailure to pay, until Seller EPMI or Guarantor has cured such defaultfailure to pay, and additional written demands concerning such default failure to pay shall not be required until such default failure to pay is cured. As used herein, the term “Business Day” shall mean a day on which commercial banks or financial institutions are open for business in the State of New Hampshire.

DEMANDS AND NOTICE. Upon the occurrence and during the continuance of an Event of Default or termination, as may be defined in the Agreement, if Seller If Counterparty fails or refuses to perform or pay any Obligations Obligations, and any of the Buyer elects Enron Parties has elected to exercise its rights under this Guaranty, the Buyer such Enron Party shall make a demand upon Guarantor (hereinafter referred to as a “Payment Demand”). A Payment Demand shall be in writing and shall reasonably and briefly specify in what manner and what amount Seller Counterparty has failed to perform or pay and an explanation of why such performance or payment is due, with a specific statement that the Buyer such Enron Party is calling upon Guarantor to perform and/or pay under this Guaranty. A Payment Demand satisfying the foregoing requirements shall be required with respect to Obligations before Guarantor is required to perform or pay (free of any deductions or withholdings) such Obligations hereunder and shall be deemed sufficient notice to Guarantor that it must perform the Obligations within two (2) Business Days, or pay the Obligations within five (5) Business Days, Days after its receipt of the Payment Demand. A single written Payment Demand shall be effective as to any specific default during the continuance of such default, until Seller Counterparty or Guarantor has cured such default, and additional written demands concerning such default shall not be required until such default is cured. As used herein, the term “Business Day” shall mean a day on which commercial banks or financial institutions are open for business in Houston, Texas and New York, New York. Guarantor shall not be liable for any Payment Demands in excess of the State Guarantee Cap. In the event Guarantor receives approximately simultaneous Payment Demands from the Enron Parties in excess of New Hampshirethe Guarantee Cap, Guarantor’s total payment up to but not exceeding U.S.$25,000,000 shall be allocated among the Contracts to which the Enron Parties are parties in accordance with each Contract’s percentage of the total amount demanded by both. In all other instances, Guarantor’s payments hereunder, up to and including, but not in excess of the Guarantee Cap, will be made in the order in which the associated Payment Demands were received.

DEMANDS AND NOTICE. Upon the occurrence and during the continuance of an Event of Default or termination, Termination Event as may be defined in the Agreement, Master Agreement,[NOTE - undefined use of "Event of Default" or "Termination Date"] I if Seller Enron fails or refuses to perform or pay any Obligations and the Buyer elects Counterparty has elected to exercise its rights under this Guaranty, the Buyer Counterparty shall make a demand upon Guarantor (hereinafter referred to as a “Payment Demand”). A Payment Demand shall be in writing and shall reasonably and briefly specify in what manner and what amount Seller Enron has failed to perform or pay and an explanation of why such performance or payment is due, with a specific statement that the Buyer Counterparty is calling upon Guarantor to perform and/or pay under this Guaranty. A Payment Demand satisfying the foregoing requirements shall be required with respect to Obligations before Guarantor is required to perform or pay (free of any deductions or withholdings) such Obligations hereunder and shall be deemed sufficient notice to Guarantor that it must perform the Obligations within two (2) Business Days, or pay the Obligations within five (5) Business Days, Days after its receipt of the Payment Demand. A single written Payment Demand shall be effective as to any specific default during the continuance of such default, until Seller Enron or Guarantor has cured such default, and additional written demands concerning such default shall not be required until such default is cured. As used herein, the term “Business Day” shall mean a day on which commercial banks or financial institutions are open for business in the State of Houston, Texas and New HampshireYork, New York.

DEMANDS AND NOTICE. Upon In the occurrence and during event Counterparty fails to timely pay any amount due under the continuance of an Event of Default or terminationAgreements, as may be defined set forth in the Agreementsection 7.1 of EPE’s Open Access Transmission Tariff, if Seller fails or refuses (hereinafter referred to perform or pay any Obligations as a “Failure to Pay”) and the Buyer elects EPE has elected to exercise its rights under this Guaranty, the Buyer EPE shall make a demand upon Guarantor (hereinafter referred to as a “Payment Demand”). A Payment Demand shall be in writing and shall reasonably and briefly specify in what manner and what amount Seller Counterparty has failed to perform or pay and an explanation of explain why such performance or payment is due, with a specific statement that the Buyer EPE is calling upon Guarantor to perform and/or pay under this Guaranty. A Payment Demand satisfying the foregoing requirements shall be required with respect to Obligations before Guarantor is required to perform or pay (free of any deductions or withholdings) such Obligations hereunder and shall be deemed sufficient notice to Guarantor that it must perform the Obligations within two (2) Business Days, or pay the Obligations Obligations, including any interest as set forth in Section 7.2 of EPE’s Open Access Transmission Tariff, within five (5) Business Days, Days after its receipt of the Payment Demand. A single written Payment Demand shall be effective as to any specific default Failure to Pay during the continuance of such defaultFailure to Pay, until Seller Counterparty or Guarantor has cured such defaultFailure to Pay, and additional written demands concerning such default Failure to Pay shall not be required until such default Failure to Pay is cured. As used herein, the term “Business Day” shall mean a day on which commercial banks or financial institutions are open for business in the State of New HampshireYork.

DEMANDS AND NOTICE. Upon To the occurrence and during the continuance of an Event of Default or termination, as may be defined in the Agreement, if Seller extent Company fails or refuses to perform or pay any Obligations when due and the Buyer elects Beneficiary has elected to exercise its rights under this GuarantyGuarantee, the Buyer Beneficiary shall make a demand upon Guarantor (hereinafter referred to as a “Payment Demand”). A Payment Demand shall be in writing and shall reasonably and briefly specify in what manner and what amount Seller Company has failed to perform or pay and an explanation of why such performance or payment is due, with a specific statement that the Buyer Beneficiary is calling upon Guarantor to perform and/or pay under this GuarantyGuarantee. A Payment Demand satisfying the foregoing requirements shall be required with respect to Obligations before Guarantor is required to perform or pay (free of any deductions or withholdings) such Obligations hereunder REC PURCHASE AND SALE AGREEMENT [***] and Sunrun Neptune Portfolio 2016-A, LLC [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. and shall be deemed sufficient notice to Guarantor that it must perform the Obligations within two (2) Business Days, or pay the Obligations within five (5) Business Days, Days (as defined in the Contract) after its receipt of the Payment Demand. A single written Payment Demand shall be effective as to any specific default during the continuance of such default, until Seller Company or Guarantor has cured such default, and additional written demands concerning such default shall not be required until such default is cured. As used herein, the term “Business Day” shall mean a day on which commercial banks or financial institutions are open for business in the State of New Hampshire.