Common use of Owner Defaults Clause in Contracts

Owner Defaults. The following events shall constitute events of default with respect to Owner (each an “Owner’s default”): 9.1.1 If Owner fails to generate and deliver any useful amount of Energy and/or Environmental Attributes after the Commercial Operation Date as contemplated in this Agreement (though it shall not be an Owner's default if the System does not achieve the Estimated Annual Production, but otherwise continues to deliver useful Energy consistent with this Agreement) and (i) if such condition can be cured within thirty (30) days after Utility’s notice of such event and Owner fails to so cure, or (ii) Owner fails to commence and pursue said cure within such thirty (30) day period if a longer cure period is needed ; provided that the Owner provides the Utility with notice of the expected time it will take to cure the breach and such timeframe is not greater than 365 days; or 9.1.2 If Owner is unable to achieve a Commercial Operation Date at the Site within six months of the execution of this Agreement for a Class I system, or twelve months of the execution of this Agreement for a Class II system (“System Delivery Period”); 9.1.3 If Owner files or is adjudged bankrupt or fails to demonstrate the ability to perform under the Agreement, following the filing or adjudication of a bankruptcy proceeding.

Owner Defaults. The following events shall constitute events of default with respect to Owner (each an “Owner’s default”): 9.1.1 If Owner fails to generate and deliver any useful amount of Energy and/or Environmental Attributes after the Commercial Operation Date as contemplated in this Agreement (though it shall not be an Owner's ’s default if the System does not achieve the Estimated Annual Production, but otherwise continues to deliver useful Energy consistent with this Agreement) and (i) if such condition can be cured within thirty (30) days after Utility’s Utilities’ notice of such event and Owner fails to so cure, or (ii) Owner fails to commence and pursue said cure within such thirty (30) day period if a longer cure period is needed needed; provided that the Owner provides the Utility Utilities with notice of the expected time it will take to cure the breach and such timeframe is not greater than 365 days; or 9.1.2 If Owner is unable to achieve a Commercial Operation Date at the Site within six months of the execution of this Agreement for a Class I system, or twelve months of the execution of this Agreement for a Class II system (“System Delivery Period”); 9.1.3 If Owner files or is adjudged bankrupt or fails to demonstrate the ability to perform under the Agreement, following the filing or adjudication of a bankruptcy proceeding.

Owner Defaults. The following events shall constitute events of default with respect to Owner (each an “Owner’s default”): 9.1.1 If Owner fails to generate and deliver any commercially useful amount of Energy and/or Environmental Attributes after the Commercial Operation Date as contemplated in this Agreement (though it shall not be an Owner's ’s default if the System does not achieve the Estimated Annual Production, but otherwise continues to deliver useful Energy consistent with this Agreement) and (i) if such condition can be cured within thirty (30) days after Utility’s Utilities’ notice of such event and Owner fails to so cure, or (ii) Owner fails to commence and pursue said cure within such thirty (30) day period if a longer cure period is needed needed; provided that the Owner provides the Utility Utilities with notice of the expected time it will take to cure the breach and such timeframe is not greater than 365 days; or 9.1.2 If Owner is unable to achieve a Commercial Operation Date at the Site within six months of the execution of this Agreement for a Class I system, or twelve months of the execution of this Agreement for a Class II system (“System Delivery Period”); 9.1.3 If Owner files or is adjudged bankrupt or fails to demonstrate the ability to perform under the Agreement, following the filing or adjudication of a bankruptcy proceeding.

Owner Defaults. The following events shall constitute events of default with respect to Owner (each an “Owner’s defaultOwner Default”): 9.1.1 If Owner fails to generate and deliver any useful amount of Energy and/or Environmental Attributes after the Commercial Operation Date as contemplated in this Agreement (though it shall not be an Owner's default if the System does not achieve the Estimated Annual Production, but otherwise continues to deliver useful Energy consistent with this Agreement) and (i) if such condition can be cured within thirty (30) 30 days after Utility’s notice of such event and Owner fails to so cure, or (ii) Owner fails to commence and pursue said cure within such thirty (30) -day period if a longer cure period is needed needed; provided that the Owner provides the Utility with notice of the expected time it will take to cure the breach and such timeframe is not greater than 365 days; or 9.1.2 If Owner is unable to achieve a Commercial Operation Date at the Site within six months of the execution of this Agreement for a Class I system, or twelve months of the execution of this Agreement for a Class II system (“System Delivery Period”); 9.1.3 If Owner files or is adjudged bankrupt or fails to demonstrate the ability to perform under the Agreement, following the filing or adjudication of a bankruptcy proceeding.