Events of Default by Seller. The occurrence of any of the following shall constitute an Event of Default by Seller: (A) if at any time during the Term, Seller delivers or attempts to deliver to the Point of Interconnection for sale under this Agreement electric energy that was not generated by the Facility; (B) if at any time subsequent to the In-Service Date, Seller fails to provide electric energy to Company for a period of three hundred sixty-five (365) or more consecutive Days, unless such failure is caused by the inability of Company to accept such electric energy; (C) failure by Seller to deliver from the Facility at least sixty percent (60%) of the Annual Contract Energy to the Point of Interconnection for a period of three consecutive Contract Years; (D) if at any time during the Term, Seller fails to satisfy the Credit Assurance and Security requirements agreed to pursuant to Article 14 (Credit Assurance and Security) of this Agreement; (E) if at any time subsequent to the In-Service Date, Seller fails to install, operate, maintain, or repair the Facility in accordance with Good Engineering and Operating Practices if such failure is not cured without thirty (30) Days after written notice of such failure from Company unless such failure cannot be cured within said thirty (30) Day period and Seller is making commercially reasonable efforts to cure such failure, in which case Seller shall have a cure period of 365 Days after Company's written notice of such failure.
Appears in 3 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Events of Default by Seller. The occurrence of any of the following shall constitute an Event of Default by Seller:
(A) : if at any time during the Term, Seller delivers or attempts to deliver to the Point of Interconnection for sale under this Agreement electric energy that was not generated by the Facility;
(B) ; if at any time subsequent to the In-Service Commercial Operations Date, Seller fails the Facility is unavailable to provide electric energy to Company the Service Profile as and when required under this Agreement for a period of three hundred sixty-five (365) or more consecutive Days, unless such failure is caused by the inability of Company to accept such electric energy;
(C) failure by Seller to deliver from the Facility at least sixty percent (60%) of the Annual Contract Energy to the Point of Interconnection for a period of three consecutive Contract Years;
(D) ; if at any time during the Term, Seller fails to satisfy the Credit Assurance and Security requirements agreed to pursuant to of Article 14 (Credit Assurance and Security) of this Agreement;
; if at any time during the Term, Seller fails to comply with the requirements of Section 19.1 (ESale of Facility) and Attachment P (Transfers by Seller); or if at any time subsequent to the In-Service Commercial Operations Date, Seller fails to install, operate, maintain, or repair the Facility in accordance with Good Engineering and Operating Practices if such failure is not cured without within thirty (30) Days after written notice of such failure from Company unless such failure cannot be cured within said thirty (30) Day period and Seller is making commercially reasonable efforts to cure such failure, in which case Seller shall have a cure period of 365 three hundred sixty-five (365) Days after Company's written notice of such failure.
Appears in 2 contracts
Samples: Scheduled and Contingency Capacity Purchase Agreement, Scheduled and Contingency Capacity Purchase Agreement (Sccpa)
