Other Covenants. Other than. (i) a Delivery Failure not exceeding ten (10) days, (ii) failure of the Facility to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date, (iii) a failure to maintain the RPS eligibility requirements set forth in Section 4.7(b), (iv) a Rejected Purchase, or (v) an Event of Default described in Section 9.1(a), 9.1(b), 9.1(d), 9.1(e) or 9.2, such Party fails to perform, observe or otherwise to comply with any obligation hereunder and such failure continues for more than thirty (30) days after notice thereof is given by the Non- Defaulting Party to the Defaulting Party; provided, however, that period shall be extended for an additional period of up to thirty (30) days if the Defaulting Party is unable to cure within the initial thirty (30) day period so long as such cure is diligently pursued by the Defaulting Party until such Default had been corrected, but in any event shall be cured within sixty (60) days of the notice from the Non-Defaulting Party; or
Appears in 6 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Other Covenants. Other than. (i) a Delivery Failure not exceeding ten (10) days,
(ii) , failure of the Facility to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date,
(iii) , a failure to maintain the RPS eligibility requirements set forth in Section 4.7(b),
(iv) , a Rejected Purchase, or
(v) or an Event of Default described in Section 9.1(a), 9.1(b), 9.1(d), 9.1(e) or 9.2, such Party fails to perform, observe or otherwise to comply with any obligation hereunder and such failure continues for more than thirty (30) days after notice thereof is given by the Non- Non-Defaulting Party to the Defaulting Party; provided, however, that such period shall be extended for an additional period of up to thirty (30) days if the Defaulting Party is unable to cure within the initial thirty (30) day period so long as such cure is diligently pursued by the Defaulting Party until such Default had been corrected, but in any event shall be cured within sixty (60) days of the notice from the Non-Defaulting Party; or
Appears in 1 contract
Samples: Power Purchase Agreement