Common use of Failure to Remedy Clause in Contracts

Failure to Remedy. If: (a) the Defaulting Participant fails within 7 Business Days after receiving a notice given under clause 13.2(a) to rectify a default; or (b) the Non-Defaulting Participants give notice under clause 13.2(b), the Non-Defaulting Participants may, as the Non-Defaulting Participants sole remedy, (c) where the Defaulting Participant is a NOP: (i) wholly or partly suspend any payment due to the Defaulting Participant under this Agreement until the default has been remedied; and (ii) by joint notice exclude the Defaulting Participant from further participation in the performance of this Agreement under clause 13.4 and may recover loss or damage from the Defaulting Participant under clause 14.3(b); or (d) where the Defaulting Participant is RTA, wholly or partly suspend the Alliance Works until the default has been remedied.

Failure to Remedy. If: (a) the Defaulting Participant fails within 7 Business Days after receiving a notice given under clause 13.2(a) 13.2 to rectify a default; or (b) the Non-Defaulting Participants give notice under clause 13.2(b), the Non-Defaulting Participants may, as the Non-Defaulting Participants sole remedy, (c) where the Defaulting Participant is a NOP: (i) wholly or partly suspend any payment due to the Defaulting Participant under this Agreement until the default has been remedied; and (ii) by joint notice exclude the Defaulting Participant from further participation in the performance of this Agreement under clause 13.4 and may recover loss or damage from the Defaulting Participant under clause 14.3(b); or (d) where the Defaulting Participant is RTA, wholly or partly suspend the Alliance Works until the default has been remedied.

Failure to Remedy. If: (a) the Defaulting Participant fails within 7 Business Days after receiving a notice given under clause 13.2(a) 13.2 to rectify a default; or (b) the Non-Defaulting Participants Participant give notice under clause 13.2(b), the Non-Defaulting Participants Participant may, as the Non-Defaulting Participants Participant’s sole remedy, (c) where the Defaulting Participant is a NOPCouncil: (i) wholly or partly suspend any payment due to the Defaulting Participant under this Agreement until the default has been remedied; and (ii) by joint notice exclude the Defaulting Participant from further participation in the performance of this Agreement under clause 13.4 and may recover loss or damage from the Defaulting Participant under clause 14.3(b); or (d) where the Defaulting Participant is RTA, wholly or partly suspend the Alliance Works until the default has been remedied.

Failure to Remedy. If: (a) the Defaulting Participant fails within 7 Business Days after receiving a notice given under clause 13.2(a) 13.2 to rectify a default; or (b) the Non-Defaulting Participants give notice under clause 13.2(b), the Non-Defaulting Participants may, as the Non-Defaulting Participants sole remedy, (c) where the Defaulting Participant is a NOP: (i) wholly or partly suspend any payment due to the Defaulting Participant under this Agreement until the default has been remedied; and (ii) by joint notice exclude the Defaulting Participant from further participation in the performance of this Agreement under clause 13.4 and may recover loss or damage from the Defaulting Participant under clause 14.3(b); or (d) where the Defaulting Participant is RTARMS, wholly or partly suspend the Alliance Works until the default has been remedied.