Common use of Notice of Breach, Cure and Default Clause in Contracts

Notice of Breach, Cure and Default. Upon the occurrence of an event of Breach, the Party not in Breach, when it becomes aware of the Breach, shall give written notice of the Breach to the Breaching Party and to any other person representing a Party to this Agreement identified in writing to the other Party in advance. Such notice shall set forth, in reasonable detail, the nature of the Breach, and where known and applicable, the steps necessary to cure such Breach. 9.2.1 Upon the occurrence described in part (c) of Article 9.1, the Party experiencing such occurrence shall notify the other Party in writing within seven (7) Calendar Days after the commencement of such occurrence. Upon receiving written notice of the Breach hereunder, the Breaching Party shall have a period to cure such Breach (sometimes hereinafter referred as (“Cure Period”) which shall be thirty (30) Calendar Days unless such Breach is due to an occurrence under Article 9.1(a) or (c) in which case the cure period will be five (5) Business Days. 9.2.2 If the Breach is such that it cannot be cured within the Cure Period, the Breaching Party will commence in good faith all steps as are reasonable and appropriate to cure the Breach within such Cure Period and thereafter diligently pursue such action to completion. In the event the Breaching Party fails to: (A) cure the Breach, or to commence reasonable and appropriate steps to cure the Breach, within the Cure Period; or, (B) completely cure the Breach within sixty (60) Calendar Days if the Breach occurs pursuant to Article 9.1(b), (d), (e) or (f), the Breaching Party will be in Default of this Agreement and the non-Breaching Parties may, at their option, either in concert or individually, (1) act to terminate this Agreement for cause by notifying the other Parties in writing, or (2) take whatever action at law or in equity as may appear necessary or desirable to enforce the performance or observance of any rights, remedies, obligations, agreement, or covenants under this Agreement.

Notice of Breach, Cure and Default. Upon the occurrence of an event of Breach, any Party aggrieved by the Party not in Breach, when it becomes aware of the Breach, shall give written notice of the Breach to the Breaching Party and to any other person representing a Party to this Agreement identified in writing to the other Party Parties in advance. Upon receiving written notice of a Breach hereunder, the Breaching Party shall have a period to cure such Breach (sometimes hereinafter referred as “Cure Period”) which shall be thirty (30) Calendar Days unless such Breach is due to an occurrence under Article 9.1(a) or (c) in which case the cure period will be five (5) Business Days. Such notice shall set forth, in reasonable detail, the nature of the Breach, and where known and applicable, the steps necessary to cure such Breach. 9.2.1 Upon the occurrence described in part (c) of Article 9.1, the Party experiencing such occurrence shall notify the other Party Parties in writing within seven five (75) Calendar Business Days after the commencement of such occurrence. Upon receiving written notice of the Breach hereunder, the Breaching Party shall have a period to cure such Breach (sometimes hereinafter referred as (“Cure Period”) which shall be thirty (30) Calendar Days unless such Breach is due to an occurrence under Article 9.1(a) or (c) in which case the cure period will be five (5) Business Days. 9.2.2 If the Breach is such that it cannot be cured within the Cure Period, the Breaching Party will commence in good faith all steps as are reasonable and appropriate to cure the Breach within such Cure Period and thereafter diligently pursue such action to completion. In the event the Breaching Party fails to: (A) cure the Breach, or to commence reasonable and appropriate steps to cure the Breach, within the Cure Period; or, (B) completely cure the Breach within sixty (60) Calendar Days if the Breach occurs pursuant to Article 9.1(b), (d), (e) or (f), 1. Transmission Owner may recover such costs as allowed by the Tariff until such time as, pursuant to Article 2.2.5, an interconnection customer(s) is allocated capacity of the Breaching Party will be in Default of this Agreement and the non-Breaching Parties may, at their option, either in concert or individually, (1) act to terminate this Agreement for cause by notifying the other Parties in writing, or (2) take whatever action at law or in equity as may appear necessary or desirable to enforce the performance or observance of any rights, remedies, obligations, agreement, or covenants under this AgreementCUU.

Notice of Breach, Cure and Default. Upon the occurrence of an event of Breach, any Party aggrieved by the Party not in Breach, when it becomes aware of the Breach, shall give written notice of the Breach to the Breaching Party and to any other person representing a Party to this Agreement identified in writing to the other Party Parties in advance. Upon receiving written notice of a Breach hereunder, the Breaching Party shall have a period to cure such Breach (sometimes hereinafter referred as “Cure Period”) which shall be thirty (30) Calendar Days unless such Breach is due to an occurrence under Article 9.1(a) or (c) in which case the cure period will be five (5) Business Days. Such notice shall set forth, in reasonable detail, the nature of the Breach, and where known and applicable, the steps necessary to cure such Breach. 9.2.1 Upon the occurrence described in part (c) of Article 9.1, the Party experiencing such occurrence shall notify the other Party Parties in writing within seven five (75) Calendar Business Days after the commencement of such occurrence. Upon receiving written notice of the Breach hereunder, the Breaching Party shall have a period to cure such Breach (sometimes hereinafter referred as (“Cure Period”) which shall be thirty (30) Calendar Days unless such Breach is due to an occurrence under Article 9.1(a) or (c) in which case the cure period will be five (5) Business Days. 9.2.2 If the Breach is such that it cannot be cured within the Cure Period, the Breaching Party will commence in good faith all steps as are reasonable and appropriate to cure the Breach within such Cure Period and thereafter diligently pursue such action to completion. In the event the Breaching Party fails to: (A) cure the Breach, or to commence reasonable and appropriate steps to cure the Breach, within the Cure Period; or, (B) completely cure the Breach within sixty (60) Calendar Days if the Breach occurs pursuant to Article 9.1(b), (d), (e) or (f), the Breaching Party will shall be in Default of this Agreement and the non-Breaching Parties may, at their option, (1) act in concert to amend this Agreement to remove a Customer that is in Default from this Agreement for cause and to make other changes as necessary or (2) either in concert or individually, (1) act to terminate this Agreement for cause by notifying the other Parties in writing, or (2) take whatever action at law or in equity as may appear necessary or desirable to enforce the performance or observance of any rights, remedies, obligations, agreement, or covenants under this Agreement. Alternatively, if a Customer is the Breaching Party and the Breach results from a failure to provide payments or security under Article 9.1, the other Customers, either individually or in concert, may cure the Breach by paying the amounts owed or by providing adequate security, without waiver of contribution rights against Customer in Default. Such cure for the Breach of a Customer is subject to the reasonable consent of Transmission Provider and Transmission Owner. Transmission Owner may also cure such Breach by funding the proportionate share of the Shared Network Upgrade costs related to the Breach of Customer. Transmission Owner must notify all parties that it will exercise this option within thirty (30) Calendar Days of notification that a Customer has failed to provide payments or security under Article 9.1. Transmission Owner may recover such costs as allowed by the Tariff until such time as, pursuant to Article 2.2.5, an interconnection customer(s) is allocated a portion of cost responsibility for the Shared Network Upgrade.

Notice of Breach, Cure and Default. Upon the occurrence of an event of Breach, any Party aggrieved by the Party not in Breach, when it becomes aware of the Breach, shall give written notice of the Breach to the Breaching Party and to any other person representing a Party to this Agreement identified in writing to the other Party Parties in advance. Such notice shall set forth, in reasonable detail, the nature of the Breach, and where known and applicable, the steps necessary to cure such Breach. 9.2.1 Upon the occurrence described in part (c) of Article 9.1, the Party experiencing such occurrence shall notify the other Party in writing within seven (7) Calendar Days after the commencement of such occurrence. Upon receiving written notice of the a Breach hereunder, the Breaching Party shall have a period to cure such Breach (sometimes hereinafter referred as (“Cure Period”) which shall be thirty (30) Calendar Days unless such Breach is due to an occurrence under Article 9.1(a) or (c) in 9.2.1 Upon the occurrence described in which case part (c) of Article 9.1, the cure period will be Party experiencing such occurrence shall notify the other Parties in writing within five (5) Business DaysDays after the commencement of such occurrence. 9.2.2 If the Breach is such that it cannot be cured within the Cure Period, the Breaching Party will commence in good faith all steps as are reasonable and appropriate to cure the Breach within such Cure Period and thereafter diligently pursue such action to completion. In the event the Breaching Party fails to: (A) cure the Breach, or to commence reasonable and appropriate steps to cure the Breach, within the Cure Period; or, (B) completely cure the Breach within sixty (60) Calendar Days if the Breach occurs pursuant to Article 9.1(b), (d), (e) or (f), the Breaching Party will shall be in Default of this Agreement and the non-Breaching Parties may, at their option, (1) act in concert to amend the Agreement to remove an Customer that is in Default from this Agreement for cause and to make other changes as necessary or (2) either in concert or individually, (1) act to terminate this Agreement for cause by notifying the other Parties in writing, or (2) take whatever action at law or in equity as may appear necessary or desirable to enforce the performance or observance of any rights, remedies, obligations, agreement, or covenants under this Agreement. Alternatively, if a Customer is the Breaching Party and the Breach results from a failure to provide payments or security under Article 9.1, the other Customers, either individually or in concert, may cure the Breach by paying the amounts owed or by providing adequate security, without waiver of contribution rights against Customer in Default. Such cure for the Breach of an Customer is subject to the reasonable consent of Transmission Provider and Transmission Owner. Transmission Owner may also cure such Breach by funding the proportionate share of the CUU costs related to the Breach of Customer. Transmission Owner must notify all parties that it will exercise this option within thirty (30) Calendar Days of notification that a Customer has failed to provide payments or security under Article 9.1. Transmission Owner may recover such costs as allowed by the Tariff until such time as, pursuant to Article 2.2.5, an interconnection customer(s) is allocated capacity of the CUU.

Notice of Breach, Cure and Default. Upon the occurrence of an event of Breach, any Party aggrieved by the Party not in Breach, when it becomes aware of the Breach, shall give written notice of the Breach to the Breaching Party and to any other person representing a Party to this Agreement identified in writing to the other Party in advance. Such notice shall set forth, in reasonable detail, the nature of the Breach, and where known and applicable, the steps necessary to cure such Breach.Party 9.2.1 Upon the occurrence described in part (c) of Article 9.1, the Party experiencing such occurrence shall notify the other Party Parties in writing within seven five (75) Calendar Business Days after the commencement of such occurrence. Upon receiving written notice of the Breach hereunder, the Breaching Party shall have a period to cure such Breach (sometimes hereinafter referred as (“Cure Period”) which shall be thirty (30) Calendar Days unless such Breach is due to an occurrence under Article 9.1(a) or (c) in which case the cure period will be five (5) Business Days. 9.2.2 If the Breach is such that it cannot be cured within the Cure Period, the Breaching Party will commence in good faith all steps as are reasonable and appropriate to cure the Breach within such Cure Period and thereafter diligently pursue such action to completion. In the event the Breaching Party fails to: (A) cure the Breach, or to commence reasonable and appropriate steps to cure the Breach, within the Cure Period; or, (B) completely cure the Breach within sixty (60) Calendar Days if the Breach occurs pursuant to Article 9.1(b), (d), (e) or (f), the Breaching Party will shall be in Default of this Agreement and the non-Breaching Parties may, at their option, (1) act in concert to amend this Agreement to remove a Customer that is in Default from this Agreement for cause and to make other changes as necessary or (2) either in concert or individually, (1) act to terminate this Agreement for cause by notifying the other Parties in writing, or (2) take whatever action at law or in equity as may appear necessary or desirable to enforce the performance or observance of any rights, remedies, obligations, agreement, or covenants under this Agreement. Alternatively, if a Customer is the Breaching Party and the Breach results from a failure to provide payments or security under Article 9.1, the other Customers, either individually or in concert, may cure the Breach by paying the amounts owed or by providing adequate security, without waiver of contribution rights against Customer in Default. Such cure for the Breach of a Customer is subject to the reasonable consent of Transmission Provider and Transmission Owner. Transmission Owner may also cure such Breach by funding the proportionate share of the Shared Network Upgrade costs related to the Breach of Customer. Transmission Owner must notify all parties that it will exercise this option within thirty (30) Calendar Days of notification that a Customer has failed to provide payments or security under Article 9.1. Transmission Owner may recover such costs as allowed by the Tariff until such time as, pursuant to Article 2.2.5, an Interconnection Customer(s) is allocated a portion of cost responsibility for the Shared Network Upgrade.