Financing Party Opportunity to Cure; Host Remedies Sample Clauses

Financing Party Opportunity to Cure; Host Remedies. Upon a Provider Event of Default , provided that Provider or Financing Party does not cure such Event of Default by Provider, Host may terminate this Agreement, seek to recover damages for costs of replacement electricity and pursue any and all other remedies available at law or equity.
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Financing Party Opportunity to Cure; Host Remedies. Upon an Event of Default by Provider , provided that Host complies with its obligations under Section 21 and Financing Party does not cure such Event of Default by Provider , Host may terminate this Agreement , seek to recover damages for costs of replacement electricity and pursue other remedies available at law or equity. [(19b) Tioga’s financial parties must be given the opportunity to rectify a default by Xxxxx, although they are not required to do so. If the financing parties do not cure the default, the customer may terminate this agreement, seek to recover damages, or pursue other remedies against Xxxxx.]
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Financing Party Opportunity to Cure; Host Remedies. Upon a Contractor Event of Default, provided that the Host complies with its obligations under this Section 20 and a Financing Party is not diligently seeking to cure such Contractor Event of Default pursuant to such Financing Party’s rights under Sections 21(a)(i) or 21(a)(ii), the Host may terminate this Agreement and pursue remedies available at law or equity. The Host shall not be entitled to damages for costs of replacement electricity except with respect to those Projects which achieved Commercial Operation.
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Related to Financing Party Opportunity to Cure; Host Remedies

  • Opportunity to Cure The COUNTY may, at its sole discretion, provide the AGENCY with a Notice to Cure a breach of this Contract. If the AGENCY fails to cure the breach to the COUNTY’S satisfaction within the time provided in the Notice to Cure, the COUNTY may terminate this Contract for cause.

  • Default Remedies A "Default" shall exist if any of the following ----------------- occurs and is not remedied (i) in the case of events described in clause (a) below, within 15 days after notice from the Lender to the Company thereof, and (ii) in the case of events described in clauses (b) through (h) below or elsewhere in this Agreement, within 30 days after notice from the Lender to the Company thereof: (a) failure of the Company punctually to make any payment of any amount payable under the Note, whether at maturity, or at a date fixed for any prepayment or partial prepayment, or by acceleration, or otherwise; (b) any statement, representation, or warranty of the Company made in this Agreement shall be false or misleading in any material respect as of the date made; (c) failure of the Company punctually and fully to comply with any of its covenants in this Agreement; (d) if the Company becomes insolvent as defined in the Georgia Uniform Commercial Code or makes an assignment for the benefit of creditors; or if any action is brought by the Company seeking dissolution of the Company or liquidation of its assets or seeking the appointment of a trustee, interim trustee, receiver, or other custodian for any of its property; or if the Company commences a voluntary case under the Federal Bankruptcy Code; or if any reorganization or arrangement proceeding is instituted by the Company for the settlement, readjustment, composition or extension of any of its debts upon any terms; or if any action or petition is otherwise brought by the Company seeking similar relief or alleging that it is insolvent or unable to pay its debts as they mature; (e) the Company is in default on indebtedness to another person, the amount of such indebtedness exceeds $250,000 and the acceleration of the maturity of such indebtedness would have a material adverse effect upon the Company; or (f) a sale of all or substantially all of the assets of the Company unless waived in writing by the Lender. Upon the occurrence of a Default, the Lender shall be entitled to declare any of the amounts owed by the Company under the Note due and payable, whereupon they immediately will become due and payable without presentment, demand, notice or protest of any kind (all of which are expressly waived by the Company).

  • Waiver; Remedies No failure on the part of Purchaser to exercise, and no delay in exercising, any right under this Guaranty shall operate as a waiver, nor shall any single or partial exercise of any right under this Guaranty preclude any other or further exercise of any other right. The remedies provided in this Guaranty are cumulative and not exclusive of any remedies provided by law or equity. In the event that Merchant fails to perform any obligation under the Agreement, Purchaser may enforce its rights under this Guaranty without first seeking to obtain performance for such default from Merchant or any other guarantor.

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