ESCO Default. In the event of a default by EPS as described in Article 12.1, Owner may terminate this ESA and exercise it remedies in Article 12.2.
ESCO Default. Customer may terminate the Contract or suspend the performance of Work by providing written Notice to ESCO if: (i) ESCO repeatedly or materially fails, refuses or neglects to fulfill its obligations under this Contract or the Contract Documents, (ii) Customer has provided written Notice of default to ESCO detailing the alleged failure, refusal, or neglect, and (iii) within thirty (30) days of ESCO’s receipt of such written Notice, ESCO has neither cured nor commenced and diligently continued efforts to cure such default.
