Common use of Mutual Events of Default Clause in Contracts

Mutual Events of Default. The occurrence with respect to a Party of any of the following events or conditions constitutes an event of default with respect to such Party: (i) The failure of such Party to make, when due, any payment required pursuant to this Agreement if such failure is not remedied within ten (10) Business Days after the failing Party’s receipt of written notice of such failure. (ii) Any representation or warranty made by such Party in this Agreement is false or misleading in any material respect when made or when deemed made or repeated and such failure, if capable of being remedied, is not remedied within thirty (30) days after such Party’s receipt of written notice thereof. (iii) The failure of such Party to perform any material covenant or obligation set forth in this Agreement (except (A) to the extent constituting a separate Event of Default, (B) for Seller’s obligation to deliver any Environmental Attributes, the exclusive remedy for which is provided in Section 3.3(c), and (C) subject to Section 9.1(b), Seller’s failure to satisfy the Guaranteed Monthly Availability, the Guaranteed Charging Rate, the Guaranteed Duration or the Guaranteed Round- Trip Efficiency, the exclusive remedies for which are provided in Section 7.7), if such failure is not remedied within thirty (30) days after the failing Party’s receipt of written notice of such failure, except that if such failure is not capable of being remedied within such period, then for such longer period as is reasonably needed to effect the remedy, not to exceed a total period of ninety (90) days, on the condition that a recovery plan to effect such remedy has been reviewed and accepted by the non-failing Party and the failing Party diligently pursues such remedy. (iv) Such Party becomes Bankrupt. (v) Such Party fails to perform any of its obligations under Article 6.

Mutual Events of Default. The occurrence with respect to a Party of any of the following events or conditions constitutes an event of default with respect to such Party: (i) The failure of such Party to make, when due, any payment required pursuant to this Agreement if such failure is not remedied within ten (10) Business Days after the failing Party’s receipt of written notice of such failure. (ii) Any representation or warranty made by such Party in this Agreement is false or misleading in any material respect when made or when deemed made or repeated and such failure, if capable of being remedied, is not remedied within thirty (30) days after such Party’s receipt of written notice thereof. (iii) The failure of such Party to perform any material covenant or obligation set forth in this Agreement (except (A) to the extent constituting a separate Event of Default, (B) for Seller’s obligation to deliver any Environmental Attributes, the exclusive remedy for which is provided in Section 3.3(c), and (C) subject to Section 9.1(b), Seller’s failure to satisfy the Guaranteed Monthly Availability, the Guaranteed Charging Rate, the Guaranteed Duration or the Guaranteed Round- Round-Trip Efficiency, the exclusive remedies for which are provided in Section 7.7), if such failure is not remedied within thirty (30) days after the failing Party’s receipt of written notice of such failure, except that if such failure is not capable of being remedied within such period, then for such longer period as is reasonably needed to effect the remedy, not to exceed a total period of ninety (90) days, on the condition that a recovery plan to effect such remedy has been reviewed and accepted by the non-failing Party and the failing Party diligently pursues such remedy. (iv) Such Party becomes Bankrupt. (v) Such Party fails to perform any of its obligations under Article 6.

Mutual Events of Default. The occurrence with respect to a Party of any of the following events or conditions constitutes an event of default with respect to such Party:Party:‌ (i) The failure of such Party to make, when due, any payment required pursuant to this Agreement if such failure is not remedied within ten (10) Business Days after the failing Party’s receipt of written notice of such failure. (ii) Any representation or warranty made by such Party in this Agreement is false or misleading in any material respect when made or when deemed made or repeated and such failure, if capable of being remedied, is not remedied within thirty (30) days after such Party’s receipt of written notice thereof. (iii) The failure of such Party to perform any material covenant or obligation set forth in this Agreement (except (A) to the extent constituting a separate Event of Default, (B) for Seller’s obligation to deliver any Environmental Attributes, the exclusive remedy for which is provided in Section 3.3(c), and (C) subject to Section 9.1(b), Seller’s failure to satisfy the Guaranteed Monthly Availability, the Guaranteed Charging Rate, the Guaranteed Duration or the Guaranteed Round- Trip Efficiency, the exclusive remedies for which are provided in Section 7.7), if such failure is not remedied within thirty (30) days after the failing Party’s receipt of written notice of such failure, except that if such failure is not capable of being remedied within such period, then for such longer period as is reasonably needed to effect the remedy, not to exceed a total period of ninety (90) days, on the condition that a recovery plan to effect such remedy has been reviewed and accepted by the non-failing Party and the failing Party diligently pursues such remedy. (iv) Such Party becomes Bankrupt. (v) Such Party fails to perform any of its obligations under Article 6.