Operator Events of Default. 16.2.1 Without prejudice to Clause 20.1.3, the User may only terminate this Agreement upon the occurrence of any of the following events (each an “Operator Event of Default”);
Operator Events of Default. The following circumstances shall constitute events of default on the part of Operator (“Operator Events of Default”) under this Agreement:
Operator Events of Default. Each of the following is an “Operator Event of Default:” Operator becomes Insolvent; Operator fails to pay any amount due hereunder on the due date and the amount remains unpaid and not disputed in good faith twenty (20) Business Days following receipt of notice thereof from Owner; Operator is in breach of any of its material obligations under this Agreement (other than (i) payment obligations or (ii) those referenced in clause (e), (f), (g), (h), or (i) of this Section 3.3) and such breach has not been remedied within thirty (30) days following receipt of notice thereof from Owner; provided that if Operator is diligently seeking to effect such cure but has not done so by such thirtieth (30th) day, it shall be entitled to an additional period not to exceed thirty (30) days to effect such cure; any of Operator’s material representations or warranties set forth in this Agreement proves to have been false when made and such false representation or warranty has a material adverse effect on the Project or the Site or on Operator’s ability to perform its obligations hereunder; Operator effects any assignment or transfer of its rights or obligations hereunder in violation of Section 8.4; Operator fails to maintain any insurance coverages required pursuant to Section 1.12 and Operator fails to remedy such breach within five (5) days after the earlier of (i) the date on which Operator first had actual knowledge of such breach and (ii) the date on which Operator first receives notice thereof from Owner; for any rolling twelve-month period during the Service Period (each, an “Availability Period”), the average Availability (as defined below) of the Project is less than ninety-five percent (95%), provided, that Operator shall have the ability to cure such breach by achieving no less than a ninety-five percent (95%) average Availability for the Project for the twelve-month period immediately following notification of such breach. For purposes of this clause (g), “Availability” shall mean the availability of the Project for the period in question determined as provided in Exhibit G; and Operator is in breach of its obligations set forth in Section 2.7.
Operator Events of Default. With respect to Operator, it shall be an Event of Default hereunder in any of the following circumstances:
Operator Events of Default. Each of the following occurrences constitutes a default (“Event of Default’) by Operator under the Agreement: Failure to Pay. Operator’s failure to pay any Operating Fee or other payment due under this Agreement within 5 days after the due date.
Operator Events of Default. Operator shall be in default under this Agreement if:
