Common use of OTHER OBLIGATIONS DEFAULT Clause in Contracts

OTHER OBLIGATIONS DEFAULT. The Company or any other party (other than a Project Lender) shall have failed to perform any of its obligations under this Agreement, any other Financing Agreement, any Project Agreement or any other agreement between the Company on the one hand and OPIC or EBRD on the other hand, the failure to perform which is not an Event of Default referred to elsewhere in this Section 7.01, and any such failure to perform shall have continued for a period of 30 days (in the case of a failure to perform by the Company, any Affiliate of the Company or any Shareholder) or 60 days (in the case of a failure to perform by any other party) after notice thereof shall have been given to the Company by OPIC. Omolon - 69 - OPIC Finance Agreement

OTHER OBLIGATIONS DEFAULT. The Company or any other party (other than a Project Lender) shall shaft have failed to perform any of its obligations under this Agreement, any other Financing Agreement, any Project Agreement or any other agreement between the Company on the one hand and the Bank or OPIC or EBRD on the other hand, the failure to perform which is not an Event of Default referred to elsewhere in this Section 7.01, and an.d any such failure to perform shall have continued for a period of 30 days (in the case of a failure to perform by the Company, any Affiliate of the Company or any Shareholder) or 60 days (in the case of a failure to perform by any other party) after notice thereof shall have been given to the Company by OPIC. Omolon - 69 - OPIC Finance Agreementthe Bank.