Financing Party Cure Rights. The Seller may not exercise its right to terminate this Contract under Section 21.5 unless the Seller delivers to the Financing Parties notice of the Buyer’s failure to cure the default (a “Default Notice”) and the Seller’s intent to terminate as a result thereof at the same time the Seller delivers notice thereof to the Buyer. Each Financing Party or one or more of its designees shall have the right to cure the Buyer’s default within sixty (60) days after the date the Financing Party receives such Default Notice; provided, however, that if the nature of any non-monetary default by the Buyer is such that it cannot be cured by the Financing Party or one or more of its designees without having taken possession of one or more of the Projects, the time provided herein to remedy such default shall be extended for such period of time as is reasonably necessary for the Financing Party or one or more of its designees to lawfully obtain possession of, and be legally entitled to operate, such Projects. If the Financing Parties intend, or cause one or more of their designees, to assume this Contract, they shall provide notice thereof to the Seller within sixty (60) days after receipt of the Default Notice. For the avoidance of doubt, the Financing Party may assign part or all of the rights under this Contract, including the Equipment and related services, to one or more designees without the Seller’s consent. Once any default of the Buyer under this Contract is cured by one or more Financing Parties or one or more of their designees, the Seller’s rights to terminate this Contract and to collect termination charges as a result of such default shall be of no further force and effect.
Financing Party Cure Rights. Purchaser shall not exercise any right to terminate or suspend this Agreement unless Purchaser has given prior written notice to each Financing Party of which Purchaser has notice. Purchaser’s notice of an intent to terminate or suspend must specify the condition giving rise to such right. Financing Party shall have the longer of thirty (30) days and the cure period allowed for a default of that type under this Agreement to cure the condition; provided that if the condition cannot be cured within such time but can be cured within the extended period, Financing Party may have up to an additional ninety (90) days to cure if Financing Party commences to cure the condition within the thirty (30) day period and diligently pursues the cure thereafter. Purchaser’s and Seller’s obligations under this Agreement shall otherwise remain in effect, and Purchaser and Seller shall be required to fully perform all of their respective obligations under this Agreement during any cure period.
Financing Party Cure Rights. The Financing Parties or the collateral agent acting on their behalf under any Financing shall have the right (but not the obligation) for sixty (60) days after the expiration of the deadline for performance or cure (or thirty (30) days in the event of an Event of Default involving a monetary obligation), including any applicable grace period provided in Section 12.1 (Events of Default), to prevent termination of this Agreement by curing the Event of Default on behalf of Seller; provided that such sixty (60) day period shall be extended for up to an additional ninety (90) days if possession of the Plant is required for the Financing Parties or collateral agent acting on their behalf to effect a cure of an Event of Default. Notwithstanding the foregoing, following the expiration of the cure periods granted to Seller under this Agreement with respect to the breach of any monetary obligation, Buyer shall have the right to suspend its obligation to purchase Conforming SNG under this Agreement until such monetary obligation is cured. Buyer agrees to provide to the Financing Parties or collateral agent acting on their behalf under a Financing a consent to assignment and estoppel certificate as reasonably requested by such persons.
Financing Party Cure Rights. If a Company Event of Default occurs and is continuing, prior to exercising of its remedies in Section 14, the Town shall give written notice ("Notice") thereof to the Company identifying the default and the date of the Company Event of Default ("Default Date"), with a copy of such notice to not greater than five (5) lenders or investors identified, in writing, by the Company (collectively, the "Financing Parties"), provided, however, that the obligation of the Town to provide notice to Financing Parties shall be limited to the information (including addresses and contact information) concerning such Financing Parties that is provided to the Town in writing by the Company. The Company may amend the names and addresses of any Financing Party from time to time. Any Financing Party shall have (a) with respect to any such Company Event of Default which is capable of being cured by the payment of money, thirty (30) days after the later of (i) receipt of such notice and (ii) the date of such Company Event of Default, and (b) with respect to any such Company Event of Default which is not capable of being cured by the payment of money (a "Non- Monetary Event of Default") ninety (90) days after the later of (i) receipt of such notice and (ii) the date of such Non-Monetary Event of Default (or such longer period of tune as may be reasonably necessary under the circumstances to cure such Non-Monetary Event of Default or to cause it to be cured, provided that such Non-Monetary Event of Default is curable and such Financing Party is diligently pursuing such cure; provided, that the total cure period for a Non-Monetary Event of Default shall not exceed one hundred twenty (120) days except if it is necessary for such Financing Party to gain possession or to foreclose upon any of the collateral granted to it in order to cure such Non-Monetary Event of Default, in which case the total cure period for such Non-Monetary Event of Default shall extend for a period of one hundred twenty (120) days from the date on which such Financing Party shall have so gained possession or foreclosed upon such collateral, provided such Financing Party shall have agreed to cure such Non- Monetary Event of Default after gaining such possession or foreclosing on the collateral. If such Financing Party fails to cure, or cause to be cured, any such Company Event of Default within the appropriate cure period set forth above, the Town shall be free to pursue any and all such rights and remedies with...
Financing Party Cure Rights. Any Financing Party has the right (but not the obligation), after receipt of a notice pursuant to Article 14 or Article 15, to cure any failure to pay by and on behalf of an Owner to which it has provided Financing, on the same terms and conditions that such Owner may cure such failure to pay.
Financing Party Cure Rights. Purchaser shall not exercise any right to terminate or suspend this Agreement unless Purchaser has given prior written notice to each Financing Party of which Purchaser has been made aware by virtue of a written notice, executed by both the Seller and the Financing Party, providing the Purchaser with clear direction stating how such notice is to be provided to the Financing Party. Purchaser’s notice of an intent to terminate or suspend must specify the condition giving rise to such right. Financing Party shall have the longer of thirty (30) days and the cure period allowed for a default of that type under this Agreement to cure the condition; provided that if the condition cannot be cured within such time but can be cured within the extended period, Financing Party may have up to an additional ninety (90) days to cure if Financing Party commences to cure the condition within the thirty (30) day period and diligently pursues the cure thereafter. Purchaser’s and Seller’s obligations under this Agreement shall otherwise remain in effect, and Purchaser and Seller shall be required to fully perform all of their respective obligations under this Agreement during any cure period.
Financing Party Cure Rights. Turbine Supplier’s right to terminate this Master Agreement pursuant to Section 15.3 is subject to Turbine Supplier’s first delivering to the Financing Parties, simultaneously with delivery thereof to Buyer, notice of Buyer’s failure to cure the default and Turbine Supplier’s intent to terminate as a result thereof. The Financing Parties shall have the option (a) to cure such Buyer Event of Default within thirty (30) Days after receipt of such notice, or such further period as may reasonably be required, not to exceed sixty (60) Days, and/or (b) to assume or to cause their designee to assume Buyer’s obligations under this Master Agreement.. If the Financing Parties desire to cause their designee to assume this Master Agreement, they shall provide notice to that effect within thirty (30) Days after receipt of Turbine Supplier’s Notice to the Financing Parties of the Buyer Event of Default. In either such case, Turbine Supplier’s right to terminate this Master Agreement shall cease upon the cure by the Financing Parties of such Buyer Event of Default.
Financing Party Cure Rights. Operator’s right to exercise the option to terminate this Agreement pursuant to Section 2.2 is subject to Operator first delivering to the Financing Parties, simultaneously with delivery thereof to Owner, written notice of Owner’s failure to cure the default and Operator’s intent to terminate as a result thereof. Each Financing Party shall have the option to cure such Owner Event of Default within thirty (30) days after the cure period otherwise provided in Section 16.2 or such additional period as may reasonably be required or to cause the Financing Parties’ designee to assume this Agreement but in no event to exceed ninety (90) days; provided, however, that the Owner Event of Default described in Section 16.2.1 shall only be curable within thirty (30) days from the receipt by the Financing Parties of such notice to cure such payment default. In any such case, Operator’s right to terminate this Agreement shall be of no further force and effect upon the cure by the Financing Parties of such default. If the Financing Parties desire to cause their designee to assume all rights and obligations of this Agreement, they shall provide written notice to that effect within the cure period permitted by this Section 16.3.
Financing Party Cure Rights. Host shall not exercise any right to terminate or suspend this Agreement unless Host has given prior written notice to each Financing Party of which Host has written notice. Host’s notice of an intent to terminate or suspend must specify the condition giving rise to such right. Financing Party shall have the cure period allowed for a default of that type under this Agreement to cure the condition. Host’s and Provider’s obligations under this Agreement shall otherwise remain in effect, and Host and Provider shall be required to fully perform all of their respective obligations under this Agreement during any cure period.
Financing Party Cure Rights. Seller shall, conditioned upon prior receipt of the name and address of the Financing Parties for the Project, give such Party or Parties notice of any default at the same time as providing notice to the defaulting Party under Section 13.3(a). Following receipt of such notice, the Financing Parties shall, for the same period provided to the defaulting Party, have the right (but not the obligation) to cure such default, and if so cured, this Agreement shall continue in full force and effect.
