Common use of Events of Default by Seller Clause in Contracts

Events of Default by Seller. 10.1.2.1 Seller’s failure to post or increase the Carry-Over Letter of Credit within ten (10) Business Days after the end of each month as may be required under Section 5.1.4. 10.1.2.2 Seller’s failure to cause the Facility to achieve (a) an average of the applicable CAFms of at least [?%] in any three (3) consecutive quarters in a Contract Year or (b) achieve an average of the applicable CAFms of at least [?%] in three (3) out of any five (5) consecutive Contract Years. 10.1.2.3 Seller’s failure to post and maintain Credit Support as required by Section 7 if the failure is not cured within five (5) days after Buyer gives Seller a notice of the default. 10.1.2.4 Seller’s failure to achieve a milestone by the date set forth for the achievement of that milestone in Section 2.2 (other than the failure to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date) if the failure is not cured within thirty (30) days after Xxxxx gives Seller a notice of the default. 10.1.2.5 Seller’s failure to cause the Facility to achieve the Commercial Operation Date on or before [ ] days following the Guaranteed Commercial Operation Date. [note to bidders: insert number of days; this will be a material component of the evaluation of your bid; the nature of the resource will be considered. The lowest feasible numeral is encouraged.] 10.1.2.6 Seller’s failure to cure any default under any Required Facility Documents (including the Interconnection Agreement) within the time allowed for a cure under such agreement or instrument. 10.1.2.7 Seller’s sale of energy from the Facility to a Party other than Buyer in breach of this Agreement if Seller does not permanently cease such sale and compensate Buyer for the damages arising from the breach within ten

Events of Default by Seller. 10.1.2.1 Seller’s failure to post or increase the Carry-Over Letter of Credit within ten (10) Business Days after the end of each month as may be required under Section 5.1.4. 10.1.2.2 Seller’s failure to cause the Facility to achieve (a) an average of the applicable CAFms of at least [?%] in any three (3) consecutive quarters in a Contract Year or (b) achieve an average of the applicable CAFms of at least [?%] in three (3) out of any five (5) consecutive Contract Years.. [ bidder to edit and provide parameters] 10.1.2.3 Seller’s failure to post and maintain Credit Support as required by Section 7 if the failure is not cured within five (5) days after Buyer gives Seller a notice of the default. 10.1.2.4 Seller’s failure to achieve a milestone by the date set forth for the achievement of that milestone in Section 2.2 (other than the failure to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date) if the failure is not cured within thirty (30) days after Xxxxx gives Seller a notice of the default. 10.1.2.5 Seller’s failure to cause the Facility to achieve the Commercial Operation Date on or before [ ] days following the Guaranteed Commercial Operation Date. [note to bidders: insert number of days; this will be a material component of the evaluation of your bid; the nature of the resource will be considered. The lowest feasible numeral is encouraged.] 10.1.2.6 Seller’s failure to cure any default under any Required Facility Documents (including the Interconnection Agreement) within the time allowed for a cure under such agreement or instrument. 10.1.2.7 Seller’s sale of energy from the Facility to a Party other than Buyer in breach of this Agreement if Seller does not permanently cease such sale and compensate Buyer for the damages arising from the breach within tenten (10) days after Xxxxx gives Seller a notice of default. 10.1.2.8 The Facility is unavailable to provide energy for ninety (90) consecutive days or one hundred twenty (120) non-consecutive days in any three hundred sixty-five (365) day period commencing on the Commercial Operation Date and prior to end of the Term.

Events of Default by Seller. 10.1.2.1 Seller’s failure to post or increase the Carry-Over Letter of Credit within ten (10) Business Days after the end of each month as may be required under Section 5.1.4. 10.1.2.2 Seller’s failure to cause the Facility to achieve (a) an average of the applicable CAFms of at least [?%] in any three (3) consecutive quarters in a Contract Year or (b) achieve an average of the applicable CAFms of at least [?%] in three (3) out of any five (5) consecutive Contract Years. 10.1.2.3 Seller’s failure to post and maintain Credit Support as required by Section 7 if the failure is not cured within five (5) days after Buyer gives Seller a notice of the default. 10.1.2.4 Seller’s failure to achieve a milestone by the date set forth for the achievement of that milestone in Section 2.2 (other than the failure to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date) if the failure is not cured within thirty (30) days after Xxxxx gives Seller a notice of the default. 10.1.2.5 Seller’s failure to cause the Facility to achieve the Commercial Operation Date on or before [ ] days following the Guaranteed Commercial Operation Date. [note to bidders: insert number of days; this will be a material component of the evaluation of your bid; the nature of the resource will be considered. The lowest feasible numeral is encouraged.] 10.1.2.6 Seller’s failure to cure any default under any Required Facility Documents (including the Interconnection Agreement) within the time allowed for a cure under such agreement or instrument.instrument.‌ 10.1.2.7 Seller’s sale of energy from the Facility to a Party other than Buyer in breach of this Agreement if Seller does not permanently cease such sale and compensate Buyer for the damages arising from the breach within ten

Events of Default by Seller. 10.1.2.1 Seller’s failure to post or increase the Carry-Over Letter of Credit within ten (10) Business Days after the end of each month as may be required under Section 5.1.4. 10.1.2.2 Seller’s failure to cause the Facility to achieve (a) an average of the applicable CAFms of at least [?%] in any three (3) consecutive quarters in a Contract Year or (b) achieve an average of the applicable CAFms of at least [?%] in three (3) out of any five (5) consecutive Contract Years.. [ bidder to edit and provide parameters] 10.1.2.3 Seller’s failure to post and maintain Credit Support as required by Section 7 if the failure is not cured within five (5) days after Buyer gives Seller a notice of the default. 10.1.2.4 Seller’s failure to achieve a milestone by the date set forth for the achievement of that milestone in Section 2.2 (other than the failure to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date) if the failure is not cured within thirty (30) days after Xxxxx gives Seller a notice of the default. 10.1.2.5 Seller’s failure to cause the Facility to achieve the Commercial Operation Date on or before [ ] days following the Guaranteed Commercial Operation Date. [note to bidders: insert number of days; this will be a material component of the evaluation of your bid; the nature of the resource will be considered. The lowest feasible numeral is encouraged.] 10.1.2.6 Seller’s failure to cure any default under any Required Facility Documents (including the Interconnection Agreement) within the time allowed for a cure under such agreement or instrument. 10.1.2.7 Seller’s sale of energy from the Facility to a Party other than Buyer in breach of this Agreement if Seller does not permanently cease such sale and compensate Buyer for the damages arising from the breach within tenten (10) days after Xxxxx gives Seller a notice of default. 10.1.2.8 Seller’s Abandonment of the Facility, or the Facility is unavailable to provide energy for ninety (90) consecutive days or one hundred twenty (120) non- consecutive days in any three hundred sixty-five (365) day period commencing on the Commercial Operation Date and prior to end of the Term.

Events of Default by Seller. 10.1.2.1 Seller’s failure to post or increase the Carry-Over Letter of Credit within ten (10) Business Days after the end of each month as may be required under Section 5.1.4. 10.1.2.2 Seller’s failure to cause the Facility to achieve (a) an average of the applicable CAFms of at least [?%] in any three (3) consecutive quarters in a Contract Year or (b) achieve an average of the applicable CAFms of at least [?%] in three (3) out of any five (5) consecutive Contract Years.. [ bidder to edit and provide parameters] 10.1.2.3 Seller’s failure to post and maintain Credit Support as required by Section 7 if the failure is not cured within five (5) days after Buyer gives Seller a notice of the default. 10.1.2.4 Seller’s failure to achieve a milestone by the date set forth for the achievement of that milestone in Section 2.2 (other than the failure to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date) if the failure is not cured within thirty (30) days after Xxxxx gives Seller a notice of the default. 10.1.2.5 Seller’s failure to cause the Facility to achieve the Commercial Operation Date on or before [ ] days following the Guaranteed Commercial Operation Date. [note to bidders: insert number of days; this will be a material component of the evaluation of your bid; the nature of the resource will be considered. The lowest feasible numeral is encouraged.] 10.1.2.6 Seller’s failure to cure any default under any Required Facility Documents (including the Interconnection Agreement) within the time allowed for a cure under such agreement or instrument. 10.1.2.7 Seller’s sale of energy from the Facility to a Party other than Buyer in breach of this Agreement if Seller does not permanently cease such sale and compensate Buyer for the damages arising from the breach within tenten (10) days after Xxxxx gives Seller a notice of default. 10.1.2.8 The Facility is unavailable to provide energy for ninety (90) consecutive days or one hundred twenty (120) non-consecutive days in any three hundred sixty- five (365) day period commencing on the Commercial Operation Date and prior to end of the Term.