Extension of Cure Period. The cure periods provided for in Section 4.2(c) and 4.3(b) shall be extended for up to one hundred twenty (120) days (or for such longer period as the Parties may agree in writing) if (a) the breaching Party is making reasonable efforts to cure the breach as promptly as practicable, (b) a cure cannot practicably be achieved within the initial cure period, and (c) prior to the end of the initial cure period, the breaching Party gives the non-breaching Party notice of the need for an extension, which notice will describe the actions being taken by the breaching Party to cure the breach.
Extension of Cure Period. If the primary cause of the ------------------------- Termination Event is a Force Majeure Event, then Intuit agrees to provide CNC with an overall cure period of sixty days from the date of Intuit's notice of default or termination (the "Extended Cure Period") subject to CNC's satisfaction of the following conditions: (1) CNC shall immediately notify Intuit of any circumstances which result (or may result) in a Force Majeure Event (in advance when the situation permits), (2) CNC shall (i) immediately develop and implement a corrective action plan designed to promptly reestablish the CNC and Internet Services to Intuit and the Customers, and (ii) use its best efforts to avoid, mitigate or remove such circumstances and to reestablish the CNC and Internet Services at its expense by providing alternate access services to Intuit and its Customers, e.g., the establishment of toll free 800# service, ---- (3) CNC shall provide detailed updates upon request to Intuit of CNC's progress in executing the corrective action plan and restoring the CNC and Internet Services, and (4) CNC shall immediately continue its performance in accordance with this Agreement whenever such conditions are removed.
Extension of Cure Period. ARTICLE 10
Extension of Cure Period. If Buyer delivers notice to Seller pursuant to Section 8(b)(2) that it intends to extend the period for Seller to cure the Objections, then Seller, subject to the same conditions as set forth in Section 9(b), shall have an additional twenty (20) day period to cure the Objections. If the Objections are not cured within such twenty (20) day period, Buyer shall have the option to do either of the following:
Extension of Cure Period. The cure period provided for in Section 9.1 (b) shall be extended for sixty (60) days (or for such longer period as the parties may agree in writing) if (a) the defaulting Party is making its best efforts to promptly cure the nonperformance, (b) a cure cannot practically be achieved within thirty (30) days, and (c) within the first thirty (30) days of the initial cure period, the defaulting Party gives the non-defaulting Party written notice of the defaulting Party's need for an extension and of the actions it is taking to cure its breach or nonperformance and the number of days which it will require to cure its breach or nonperformance. As used in the preceding sentence, the term, "best efforts" shall mean the application of diligence and resources reasonably necessary to cure the nonperformance in a business like fashion with due regard for the seriousness of the nonperformance and its impact upon the other Party and those to whom the other Party may have legal or contractual obligations.
Extension of Cure Period. Notwithstanding the foregoing provisions of this Section 14, if a default not related to the payment of amounts to Landlord cannot be cured within the specified time period due to causes beyond Tenant's reasonable control (except for payments to be made by Tenant), the specified period shall be extended a reasonable period of time (not to exceed sixty (60) days, provided Tenant has commenced the cure within thirty (30) days after receipt of notice of default and diligently prosecutes the same thereafter.
Extension of Cure Period. The time of the Leasehold Mortgagee to cure any default by Tenant that reasonably requires that said Leasehold Mortgagee be in possession of the Premises to do so shall be deemed extended to include the period of time required by said Leasehold Mortgagee to obtain such possession (by foreclosure or otherwise) in good faith with due diligence; provided, however, that such Leasehold Mortgagee shall have commenced proceedings to acquire possession of the Premises within the time periods set forth in Section 16.4 above. In the event a Leasehold Mortgagee is seeking to foreclose on such Leasehold Mortgagee’s security interest in the Premises, Landlord shall not seek to terminate this Lease as a result of an Event of Default as long as such Leasehold Mortgagee diligently is seeking to foreclose on Tenant’s leasehold interest in the Premises and as long as all monetary defaults have been cured or are being cured within the time frames set forth above. If any Leasehold Mortgagee forecloses on Tenant’s leasehold interest in the Premises, Landlord shall recognize such Leasehold Mortgagee or other purchaser at a foreclosure sale as “Tenant” for all purposes under this Lease. Upon the foreclosure of any Leasehold Mortgage, all non-monetary defaults that are personal to Tenant and that are not capable of being cured shall be deemed waived by Landlord (it being acknowledged that a use of the Premises after a foreclosure in violation of this Lease is not personal to Tenant).
Extension of Cure Period. Notwithstanding anything to the contrary contained in this Agreement, the time to cure any Xxxxxx Default or City Default will be extended so long as the defaulting Party has commenced the cure and (i) the nature of the default is such that it cannot be cured within ninety (90) days and (ii) the defaulting Party continues to diligently pursue the cure to completion. The deadline for any cure under this Section 22 shall not excuse the obligation of any defaulting Party to take timely and proper action to prevent, stop, mitigate, or alleviate any recent or impending damage to the Property or neighboring property or any existing or imminent threat to public health and safety.
Extension of Cure Period. Notwithstanding anything to the contrary herein, in the event Contractor has been unable to meet the Performance Guarantees on or prior to the expiration of the initial one hundred eight (180) day Cure Period after fulfilling its obligations contained in Sections 15.4.7 and 15.4.9, Contractor may submit to Owner for approval a revised Remedial Plan meeting the requirements of Section 15.4.5, but setting forth in specificity and detail Corrective Action(s) which Contractor proposes to undertake to enable the Project to achieve the Performance Guarantees. Upon Owner’s approval of such revised Remedial Plan, not to be unreasonably withheld, the Cure Period shall be extended for the period of time set forth in the Remedial Plan approved by Owner, but in no event for more than one hundred eighty EXECUTION COPY (180) days. In the event Owner disagrees that such proposed Remedial Plan will enable the Project to achieve the Performance Guarantees, then Owner shall notify Contractor in writing of same, whereupon Contractor may pay the Performance Liquidated Damages due and owing to Owner pursuant to Section 15.3 and extend the Cure Period for the period of time set forth in the Remedial Plan submitted to Owner for approval, such period in no event to exceed one hundred eighty (180) days.
Extension of Cure Period. Notwithstanding anything to the contrary herein, in the event Contractor has been unable to meet the applicable Performance Guarantees with respect to a Unit on or prior to the expiration of the initial one hundred eight (180) day Cure Period for such Unit, Contractor may submit to Owner for approval a revised Remedial Plan setting forth in specificity and detail the corrective actions which Contractor proposes to undertake to enable the Unit to achieve the applicable Performance Guarantees during any extended Cure Period. Upon Owner’s approval of such revised Remedial Plan, not to be unreasonably withheld, the Cure Period for such Unit shall be extended for the period of time set forth in the Remedial Plan, but in no event for more than one hundred eighty (180) days; provided, however, that the Unit continues to meet the Minimum Performance Criteria with respect to both Net Unit Capacity and Net Unit Heat Rate; provided, further, that Contractor shall pay the Performance Liquidated Damages due and owing to Owner pursuant to Section 15.3 with respect to such Unit within ten (10) business days of Owner’s approval of such revised Remedial Plan, such Performance Liquidated Damages. Notwithstanding anything to the contrary, in the event the Unit 1 Boiler Upgrade Supplier, Alstom Power Inc., is entitled to an extension of the initial one hundred eighty *** CONFIDENTIAL MATERIAL REDACTED AND FILED SEPARATELY WITH THE COMMISSION. EXECUTION COPY (180) day Cure Period pursuant to the terms of such Boiler Upgrade Supplier’s Boiler Upgrade Contract, and Contractor and such Boiler Upgrade Supplier submit a Remedial Plan requiring an extension that will exceed one hundred eighty (180) days, Owner shall not unreasonably withhold approval of such Remedial Plan and, provided Unit 1 continues to meet the Minimum Performance Criteria with respect to both Net Unit Capacity and Net Unit Heat Rate and Contractor pays the Performance Liquidated Damages as provided in the foregoing sentence, the Cure Period for Unix 0 xxr such Boiler Upgrade Supplier only shall be extended for the period of time set forth in the Remedial Plan, but in no event for more than three hundred sixty (360) days.
