Failure to Timely Deliver Down Payment. If Purchaser fails to deliver to Supplier the Down Payment on or before the Down Payment Date, then Purchaser’s right to purchase and Supplier’s obligation to sell and Deliver the Supply Items and related Services shall terminate at the option of Supplier and be of no further force or effect, provided that Supplier shall first give Purchaser five (5) days written notice to afford Purchaser the opportunity to correct its performance.
Appears in 6 contracts
Samples: Turbine Supply Agreement (First Wind Holdings Inc.), 2009 Omnibus Agreement (First Wind Holdings Inc.), 2009 Omnibus Agreement (First Wind Holdings Inc.)