Host’s Remedies. Upon the occurrence of any Supplier Default and during its continuation beyond any applicable cure periods, Host may exercise one or more of the following remedies:
Host’s Remedies i. If a Provider Default described in Section 11.1(a)(i) or Section 11.1(a)(ii) has occurred, Host may terminate this Agreement without cost or liability, including, but not limited to, the Early Termination Fee (other than the payment of undisputed sums due and payable under the terms of this Agreement, prior to the termination thereof) and require Provider, upon notice of termination, to remove the System from the Property in compliance with the timeframe specified in Section 2.4 herein upon at least fifteen (15) days prior written notice to Provider;
Host’s Remedies. If a Provider Default described in Section 11.1(a) has occurred and is continuing, Host may terminate this Agreement (upon the expiration of any applicable grace period) upon thirty (30) days’ prior written notice without penalty and without any obligation or liability of payment of any fees, charges or liquidated damages provided under this Agreement, such as the Early Termination Fee; or exercise any other remedy it may have at law or equity or under this Agreement, including but not limited to procuring substitute performance upon terms and in whatever manner Host may deem appropriate. Without limiting the generality of the foregoing, if a Provider Default described in Section 11.1(a)(i) or (ii) has occurred, Host shall be entitled to the payment by Provider of a sum in the amount of seventy-five percent (75%) of the Grant Award as liquidated damages and not as a penalty
Host’s Remedies. If a Provider Event of Default has occurred and is continuing, Host may terminate this Agreement by written notice to Provider following the expiration of the applicab e cure period, and may exercise any other remedy it may have at law or equity.
Host’s Remedies. Upon the occurrence of any Nexamp Default and during its continuation beyond any applicable cure periods, Host may exercise one or more ofthe following remedies: (i) terminate this Agreement immediately upon a Nexamp Default pursuantto Section 12.1(a)(i) or (ii) and with at least fifteen (15) days’ written noticeupon a Nexamp Default pursuantto Section 12.1 (a)(iii) or (iv); (ii) ceasemaking Nexamp Services Payments hereunder other than accrued and unpaid amounts for the period prior to termination; (iii) coincident with its delivery of anotice of termination with respect to a Nexamp Default under Section 12.1(a)(iii), elect to acquire and take control and custody of the System at no cost; and (iv) exercise anyother remedy it may have at law or equity or under this Agreement, subject to the provisions of Section 13. Notwithstanding the foregoing, in the case of a Nexamp Default, Host shall provide the Financing Parties (if any) with notice of such Nexamp Default in accordance with the provisions of Section 16.3 andthe Financing Parties, as applicable, shall have the right (butnot the obligation) for ninety (90) days after receipt of such notice either to cure the Nexamp Default on behalf of Nexamp, or, upon payment to Host of amounts due from Nexamp but not paid by Nexamp or upon performance of obligations ofNexamp hereunder but not performed by Nexamp, to assume, or cause their designee to assume, all of the rights and obligations of Nexamp under this Agreement arising after the date of such assumption; provided that such Financing Party shall have the financial capacity to and comparable experience in operating and maintaining photovoltaic System similar to the System. In the event that any Financing Parties, as applicable, or a designee thereof, assumes this Agreement: (i) Nexamp shall be released and discharged from 24 B3708776.6 any obligations to Host arising or accruing hereunder from and after the date of such assumption to the extent the assignee assumes the obligations ofNexamp under this Agreement; (ii) Host shall continue this Agreement with such Financing Parties, as applicable, or a designee thereof, as the case maybe, substituted in the place ofNexamp hereunder; and (iii) if the assuming party is the Financing Party such party shall not be personally liable to Host for the performance ofits obligations hereunder except to the extent of the interest of the Financing Parties, as applicable, in the System. (c)
Host’s Remedies i. If a Provider Default described in Section 11.1(a)(i) or Section 11.1(a)(ii) has occurred, Host may terminate this Agreement without cost or liability, including, but not limited to, the Early Termination Fee (other than the payment of undisputed sums due and payable under the terms of this Agreement, prior to the termination thereof) and require Provider, upon notice of termination, to remove the System from the Property in compliance with the timeframe specified in Section 2.4 herein upon at least fifteen (15) days prior written notice to Provider;
ii. If a Provider Default described in Section 11.1(a)(iii), Section 11.1(a)(iv) or Section 11.1(a)(v) has occurred and is continuing, Host may terminate this Agreement without cost or liability, including, but not limited to, the Early Termination Fee (other than the payment of undisputed sums due and payable under the terms of this Agreement, prior to the termination thereof) and require Provider, upon notice of termination, to remove the System from the applicable Property in compliance with the timeframe specified in Section 2.4 herein immediately upon the expiration of the respective grace periods set forth in such provisions; and
iii. If a Provider Default described in Section 11.1(a) has occurred and is continuing, Host may exercise any other remedy it may have at law or equity or under this Agreement and require Provider to immediately remove the System from the Property in compliance with the timeframe specified in Section 2.4 herein.
