Common use of Events of Default by District Clause in Contracts

Events of Default by District. Each of the following events or conditions will constitute an “Event of Default” by District: (i) any substantial failure by District to perform or comply with this Contract, including a material breach of any covenant contained herein, and such failure continues for thirty (30) calendar days after notice to District demanding that such failure to perform be cured; provided that (y) such failure to perform will not be deemed a default hereunder if it is excused by a provision of this Contract; and (z) if such cure cannot be effected in thirty (30) calendar days, District will 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 District in this Contract which was false or misleading in any material respect when made; or (iii) any failure by District to pay any amount to ENGIE Services U.S. which is not paid within ten (10) calendar days after written notice from ENGIE Services U.S. that the amount is past due.