EVENT OF DEFAULT AND SPECIFIC PERFORMANCE. Notwithstanding any other provision to the contrary herein, the Parties agree that it will be an Event of Default if (i) following receipt of notice from the non-defaulting Party, the defaulting Party fails to comply with any material provision of, or obligation under, this ESA, (ii) a Party becomes Bankrupt, (iii) in the case of Competitive Supplier, the Competitive Supplier fails to provide All-Requirements Supply as set forth in and subject to Article 4.2(d), (iv) a Party modifies, suspends or terminates the Program during the Term, except where such modification, suspension or termination is, through no fault of the Party, Force Majeure, or required by Governmental Rules,
Appears in 5 contracts
Samples: Electric Service Agreement, Electric Service Agreement, Electric Service Agreement
