Common use of Non-Performance Clause in Contracts

Non-Performance. The failure of a Party or its Credit Support Provider, when required, to make a payment, to deliver any Performance Assurance or to perform any other material obligation (other than when such obligation is released pursuant to § 15 (Non-Performance Due to Force Majeure)): (i) under this Agreement; provided that in the case of a failure to pay, such failure is not cured within five (5) Business Days of a written demand, or, in the case of any other failure of performance, such failure is not cured within twenty (20) Business Days of a written demand; (ii) under any Credit Support Document (after giving effect to any applicable notice or grace period thereunder); or (iii) under any Performance Assurance in accordance with § 26 (Performance Assurance).

Appears in 6 contracts

Samples: Individual Power Purchase Agreement, Individual Power Purchase Agreement, Individual Power Purchase Agreement

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Non-Performance. The failure of a Party or its Credit Support Provider, when required, to make a payment, to deliver any Performance Assurance or to perform any other material obligation (other than when such obligation is released pursuant to § 15 (Non-Performance Due to Force Majeure)): (i) under this Agreement; provided that in the case of a failure to pay, such failure is not cured within five (5) Business Days of a written demand, or, in the case of any other failure of performance, such failure is not cured within twenty (20) Business Days of a written demandwrittendemand; (ii) under any Credit Support Document (after giving effect to any applicable notice or grace period thereunder); or (iii) under any Performance Assurance in accordance with § 26 (Performance Assurance).

Appears in 2 contracts

Samples: Individual Power Purchase Agreement, Individual Power Purchase Agreement

Non-Performance. The failure of a Party or its Credit Support Provider, when required, to make a payment, to deliver any Performance Assurance or to perform any other material obligation (other than when such obligation is released pursuant to § 15 6 (Non-Performance Due to Force Majeure)): (i) under this the Agreement; provided provided, that in the case of a failure to pay, such failure is not cured within five two (52) Business Days of a written demand, or, in the case of any other failure of performance, such failure is not cured within twenty ten (2010) Business Days of a written demand; (ii) under any Credit Support Document (after giving effect to any applicable notice or grace period thereunder); or (iii) under any Performance Assurance in accordance with § 26 16 (Performance Assurance).

Appears in 2 contracts

Samples: Eecs Certificates Master Agreement, Eecs Certificates Master Agreement

Non-Performance. The failure of a Party or its Credit Support Provider, when required, to make a payment, to deliver any Performance Assurance or to perform any other material obligation (other than when such obligation is released pursuant to § 15 (Non-Performance Due to Force Majeure)): (i) under this Agreement; provided that in the case of a failure to pay, such failure is not cured within five (5) Business Days of a written demand, or, in the case of any other failure of performance, such failure is not cured within twenty (20) Business Days of a written demand; (ii) under any Credit Support Document (after giving effect to any applicable notice or grace period thereunder); or (iii) under any Performance Assurance in accordance with or Rozwiązania zgodnie z niniejszym § 26 (Performance Assurance)18.3 stanowi uzupełnienie wszelkich pozostałych środków prawnych przysługujących na mocy niniejszej Umowy lub Obowiązujących Przepisów Prawa.

Appears in 2 contracts

Samples: Power Purchase Agreement, Individual Power Purchase Agreement

Non-Performance. The failure of a Party or its Credit Support Provider, when required, to make a payment, to deliver any Performance Assurance or to perform any other material obligation (other than when such obligation is released pursuant to § 15 (Non-Performance Due to Force Majeure)): (i) under this the Agreement; provided provided, that in the case of a failure to pay, such failure is not cured within five two (52) Business Days of a written demand, or, in the case of any other failure of performance, such failure is not cured within twenty ten (2010) Business Days of a written demand; (ii) under any Credit Support Document (after giving effect to any applicable notice or grace period thereunder); or (iii) under any Performance Assurance in accordance with § 26 (Performance Assurance).

Appears in 1 contract

Samples: Electricity Supply Agreement

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Non-Performance. The failure of a Party or its Credit Support Provider, when required, to make a payment, to deliver any Performance Assurance or to perform any other material obligation (other than when such obligation is released pursuant to § 15 (Nonpursuant6to(N§on-Performance Due to Force Majeure)):Performance (i) under this the Agreement; provided provided, that in the case of a failure to pay, such failure is not cured within five two (52) Business Days of a written demand, or, in the case of any other failure of performance, such failure is not cured within twenty te0n) (20) Business B1usiness Days of a written demand; (ii) under any Credit Support Document (after giving effect to any applicable notice or grace period thereunder); or (iii) under any Performance Assurance in accordance with § 26 6 §(Performance P1erformance Assurance).

Appears in 1 contract

Samples: Eecs Certificates Master Agreement

Non-Performance. The failure of a Party or its Credit Support Provider, when required, to make a payment, to deliver any Performance Assurance or to perform any other material obligation (other than when such obligation is released pursuant to § 15 7 (Non-Performance Due to Force Majeure)): (i1) under this the Agreement; provided provided, that in the case of a failure to pay, such failure is not cured within five two (52) Business Days of a written demand, or, in the case of any other failure of performance, such failure is not cured within twenty ten (2010) Business Days of a written demand; (iii) under any Credit Support Document (after giving effect to any applicable notice or grace period thereunder); or (iiiii) under any Performance Assurance in accordance with § 26 17 (Performance Assurance).

Appears in 1 contract

Samples: General Agreement

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