Events of Default by Customer. Each of the following events or conditions shall constitute an "Event of Default" by Customer:
i. Any failure by Customer to pay ESCO any sum due for a service of more than <number> days period after written notification by ESCO that Customer is delinquent in making payment and provided that ESCO is not in default in its performance under the terms of this Contract; or
ii. Any other material failure by Customer to perform or comply with the terms and conditions of this Contract, including breach of any covenant contained herein, provided that such failure continues for <number> days after notice to Customer demanding that such failures to perform be cured or if such cure cannot be affected in <number> days, Customer shall be deemed to have cured default upon the commencement of a cure within <number> days and diligent subsequent completion thereof;
iii. Any representation or warranty furnished by Customer in this Contract which was false or misleading in any material respect when made.
Events of Default by Customer. Any of the following will constitute an "EVENT OF DEFAULT" by Customer:
12.5.1 Any failure by Customer to pay any fee, charge or payment that is due and owing under this Agreement;
12.5.2 Any other material breach by Customer of any of its representations, warranties, obligations or covenants under this Agreement; or
12.5.3 If Customer: (i) is adjudicated bankrupt or insolvent by a court of competent jurisdiction, (ii) substantially ceases to do business, (iii) fails to pay its debts generally as they become due, or (iv) takes steps to declare bankruptcy, wind up, dissolve or liquidate, or a receiver, trustee or similar officer is appointed over (or a lien holder takes possession of) all or a substantial part of Customer's property or assets, or anything similar to any of the foregoing occurs in relation to Customer under the laws of any jurisdiction.
Events of Default by Customer. Each of the following events or conditions shall constitute an "Event of Default" by Customer:
(i) any failure by Customer to perform or comply with the terms and conditions of this Contract, including breach of any covenant contained herein, and such failure continues for thirty (30) calendar days after notice to Customer demanding that such failure to perform be cured; provided that (i) such failure to perform shall not be deemed a default hereunder if it is due to causes beyond the control of Customer pursuant to Section 11 above; and (ii) if such cure cannot be effected in thirty (30) calendar days, Customer shall be deemed to have cured the default upon the commencement of a cure within thirty (30) calendar days and diligent subsequent completion thereof; or
(ii) any representation or warranty furnished by Customer in this Contract which was false or misleading in any material respect when made; or
(iii) any failure by Customer to pay any amount due under this Contract to OpTerra ES which is not paid within thirty (30) days of written notice from OpTerra ES that the amount is past due.
Events of Default by Customer. Each of the following events or conditions shall constitute a "Customer Event of Default" by CUSTOMER:
a. CUSTOMER fails to pay any undisputed amount required to be paid hereunder within ninety (90) calendar days of receipt of written notice from CONTRACTOR that such amount is delinquent, except as provided for in Section 4;
b. CUSTOMER assigns the Contract to any person or entity without CONTRACTOR’s consent, as described in Section 44;
c. any representation or warranty furnished by CUSTOMER in this Contract that was false or misleading in any material respect when made;
d. any other material failure by CUSTOMER to perform or comply with the terms and conditions of this Contract.
Events of Default by Customer. Each of the following events or conditions shall constitute an “Event of Default” by Customer:
a. Any failure by Customer to pay MIDSTATE ENERGY, LLC. its undisputed compensation for a period of more than thirty (30) days after the date of the invoice thereof;
b. Any representation furnished by Customer in this Agreement which was false or misleading in any material respect when made; or
c. Any other material failure by Customer to perform or comply with the terms and conditions of this Agreement or the Construction Contract, including breach of any covenant contained herein, provided that such failure continues for thirty (30) days after written notice to Customer demanding that such failure to perform be cured or, if cure cannot be affected in such thirty (30) days, without commencement of a cure and subsequent completion thereof as quickly as is reasonably possible.
Events of Default by Customer. Each of the following events or conditions shall constitute an "Event of Default" by Customer:
(i) Any failure by Customer to pay RES any uncontested sum due for a service and maintenance period of more than thirty (30) days after written notification by RES that Customer is delinquent in making payment; or
(ii) Any other material failure by Customer to perform or comply with the terms and conditions of this Agreement, including breach of any covenant contained herein, provided that such failure continues for thirty
Events of Default by Customer. Each of the following events or conditions shall constitute an "Event of Default" by Customer:
(i) Any failure by Customer to pay RES any uncontested sum due for a service and maintenance period of more than thirty (30) days after written notification by RES that Customer is delinquent in making payment; or
(ii) Any other material failure by Customer to perform or comply with the terms and conditions of this Agreement, including breach of any covenant contained herein, provided that such failure continues for thirty (30) days after notice to Customer demanding that such failures to perform be cured or if such cure cannot be effected in thirty (30) days, Customer shall be deemed to have cured default upon the commencement of a cure within thirty (30) days and diligent subsequent completion thereof; or
(iii) Any representation or warranty furnished by Customer in this Agreement which was knowingly false or misleading in any material respect when made. Upon such termination, RES shall recover as its sole remedy payment for Work properly performed and documented in connection with the terminated portion of the Work and for items properly and timely fabricated and documented off the project site, delivered and stored in accordance with the Customer’s instructions and shall provide actual costs associated with termination of subcontracts caused by Customer’s breach.
Events of Default by Customer. Each of the following events or conditions shall constitute an "Event of Default" by Customer:
(i) any failure by Customer to pay ESCO any sum due hereunder for a service and maintenance period of more than thirty (30) days after written notification by ESCO that Customer is delinquent in making payment;
(ii) any other material failure by Customer to perform or comply with the terms and conditions of this Agreement, including breach of any covenant contained herein, provided that such failure continues for thirty (30) days after notice to Customer demanding that such failures to perform be cured or if such cure cannot be effected in such thirty (30) days, Customer shall be deemed to have cured default upon the commencement of a cure within such thirty (30) days and diligent subsequent completion thereof;
(iii) any representation or warranty furnished by Customer in this Agreement that was false or misleading in any material respect when made.
(iv) the filing of a bankruptcy petition whether by Customer or its creditors against Customer which proceeding shall not have been dismissed within 90 days of its filing, or an Involuntary assignment for the benefit of all creditors of the liquidation of Customer.
Events of Default by Customer. Customer will be in default under this Agreement upon the happening or occurrence of any of the following events, each of which will be deemed to be an event of default with respect to Customer for the purposes of this Agreement (a “Customer Event of Default”):
(a) an Insolvency Event by Customer;
(b) an Agreement Default of Customer pursuant to Section 5.2 and such default has not been cured within ten (10) Business Days following notice thereof from CMH; or
(c) an Agreement Default by or in relation to Customer not covered in Section 13.1(b) and such default has not been cured within twenty (20) Business Days following notice thereof from CMH (or such longer period as may be reasonably required where there is a reasonable expectation that such default can be cured and where Customer commences within 20 Business Days to take steps to cure such default and continues to thereafter diligently pursue a cure with respect to such default).
Events of Default by Customer. An event of default (each, a “Default” or “Customer Default”) shall exist if Customer: (a) fails to timely deliver Mining Equipment as specified in the Order Form and such matter is not cured within ten (10) business days after written notice from Company; fails to make any payment(s) when due pursuant to this Agreement and such matter is not cured within ten (10) business days after written notice from Company; (b) breaches any of Customer’s representations or warranties in this Agreement, and such matter is not cured within ten (10) business days after written notice from Company; (c) violates, or fails to perform or fulfill any covenant or provision of this Agreement, and such matter is not cured within ten (10) business days after written notice from Company; or (d) enters into bankruptcy, dissolution, financial failure or insolvency which is not dismissed or otherwise remedied within thirty (30) days.
