Failure to Meet Material Obligations. Except as otherwise expressly set out in this Article 13, if a Party fails to perform fully any material provision of this Agreement and either (a) such failure continues for a period of sixty (60) days after written notice of such nonperformance or (b) if the Defaulting Party commences an action to cure such failure to perform within such sixty (60-) day period, and thereafter proceeds with all due diligence to cure such failure, and such failure is not cured within sixty (60) days after the expiration of the initial sixty (60)-day period.
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Samples: Power Purchase Agreement, Solar Energy Power Purchase and Sale Agreement, Solar Power Purchase Agreement
Failure to Meet Material Obligations. Except as otherwise expressly set out in this Article 13, if If a Party fails to perform fully any material provision of this Agreement other than as explicitly set forth in this Article 12 and either (a) such failure continues for a period of sixty thirty (6030) days after written notice of such nonperformance or (b) if the Defaulting nonperforming Party commences an action to cure such failure to perform within such sixty (60-) 30-day period, and thereafter proceeds with all due diligence to cure such failure, and such failure is not cured within sixty thirty (6030) days after the expiration of the initial sixty (60)-day 30 day period.
Appears in 2 contracts
Samples: Solar Energy Power Service Agreement, Solar Energy Power Service Agreement
Failure to Meet Material Obligations. Except as otherwise expressly set out in this Article 13, if If a Party fails to perform fully any material provision of this Agreement other than as explicitly set forth in this Article XN and either (a) such failure continues for a period of sixty fifteen (6015) days after written notice of such nonperformance or (b) if the Defaulting nonperforming Party commences an action to cure such failure to perform within such sixty fifteen (60-) day 15)-day period, and thereafter proceeds with all due diligence to cure such failure, and such failure is not cured within sixty fifteen (6015) days after the expiration of the initial sixty fifteen (60)-day 15)-day period.
Appears in 2 contracts
Samples: Master Solar Power Purchase Agreement, Master Solar Power Purchase Agreement
Failure to Meet Material Obligations. Except as otherwise expressly set out in this Article 13, if If a Party fails to perform fully any material provision of this Agreement other than as explicitly set forth in this Article 12 and either (a) such failure continues for a period of sixty (60) 30 days after written notice of such nonperformance or (b) if the Defaulting nonperforming Party commences an action to cure such failure to perform within such sixty (60-) 30-day period, and thereafter proceeds with all due diligence to cure such failure, and such failure is not cured within sixty (60) 30 days after the expiration of the initial sixty (60)-day 30-day period.
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