Owner Defaults. Except to the extent excused as a result of an event of Force Majeure in accordance with Article 16, the occurrence of one or more of the following events shall constitute a default by Owner under this Agreement (an “Owner Default”): (a) Owner’s failure to pay any amount due to Purchaser under this Agreement by the due date, which failure is not cured within thirty (30) days after the receipt by Owner of a demand from Purchaser that such amount is due and owing and has not been timely paid. (b) An Owner Delay occurs and the Operation Phase has not commenced by the fifth (5th) anniversary of Owner’s Initial Deadline (which fifth (5th) anniversary shall not be subject to extension for any event of Force Majeure). (c) Owner’s failure to comply with the provisions of Section 5.1.2(a)(ii). (d) Owner’s failure to comply with the provisions of Section 5.1.2(a)(iii). (e) Owner’s failure to comply with the provisions of Section 5.1.2(e). (f) Owner’s failure to comply with the provisions of Section 5.6; provided that such failure also constitutes a default under any Loan Agreement (or any agreement entered into by Owner with a Financing Party or any equity commitment or similar agreement entered into by any Affiliate of Owner with a Financing Party in connection therewith). (g) Owner’s failure to comply with the provisions of Section 5.7(a). (h) A Non-Excused Outage occurs. (i) Owner’s failure to comply in any material respect with the provisions of Article 17. (j) Owner’s failure to perform or comply with any of its obligations under this Agreement, other than those described in clauses (a), (b), (c), (d), (e), (f), (g), (h) and (i) above, or under the Letter Agreement, in each case, in any material respect, and, if such failure is susceptible to cure, such failure continues for thirty (30) days after the receipt by Owner of written notice thereof from Purchaser, unless such cure shall reasonably require a longer period, in which case Owner shall be provided such additional period as necessary to complete such cure so long as Owner has promptly commenced such cure and thereafter diligently pursues and completes such cure. (k) Any representation or warranty made by Owner in this Agreement is false or misleading at the time made and such inaccuracy has a material adverse effect on the ability of Purchaser to perform its obligations under this Agreement, individually or in the aggregate, or on the business, operations or financial condition of Purchaser. (l) Any Insolvency Event occurs with respect to Owner.
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Owner Defaults. Except to the extent excused as a result of an event of Force Majeure in accordance with Article 16, the occurrence of one or more of the following events shall constitute a default by Owner under this Agreement (an “"Owner Default”"):
(a) Owner’s failure to pay any amount due to Purchaser under this Agreement by the due date, which failure is not cured within thirty (30) days after the receipt by Owner of a demand from Purchaser that such amount is due and owing and has not been timely paid.
(b) An Owner Delay occurs and the Operation Phase has not commenced by the fifth (5th) anniversary of Owner’s Initial Deadline (which fifth (5th) anniversary shall not be subject to extension for any event of Force Majeure).
(c) Owner’s failure to comply with the provisions of Section 5.1.2(a)(ii). 5.1.2(a)(iii). 5.1.2(e).
(d) Owner’s failure to comply with the provisions of Section 5.1.2(a)(iii).Section
(e) Owner’s failure to comply with the provisions of Section 5.1.2(e).Section
(f) Owner’s failure to comply with the provisions of Section 5.6; provided that such failure also constitutes a default under any Loan Agreement (or any agreement entered into by Owner with a Financing Party or any equity commitment or similar agreement entered into by any Affiliate of Owner with a Financing Party in connection therewith). 5.7(a). provisions of Article 17.
(g) Owner’s failure to comply with the provisions of Section 5.7(a).Section
(h) A Non-Excused Outage occurs.
(i) Owner’s failure to comply in any material respect with the provisions of Article 17.the
(j) Owner’s failure to perform or comply with any of its obligations under this Agreement, other than those described in clauses (a), (b), (c), (d), (e), (f), (g), (h) and (i) above, or under the Letter Agreement, in each case, in any material respect, and, if such failure is susceptible to cure, such failure continues for thirty (30) days after the receipt by Owner of written notice thereof from Purchaser, unless such cure shall reasonably require a longer period, in which case Owner shall be provided such additional period as necessary to complete such cure so long as Owner has promptly commenced such cure and thereafter diligently pursues and completes such cure.
(k) Any representation or warranty made by Owner in this Agreement is false or misleading at the time made and such inaccuracy has a material adverse effect on the ability of Purchaser to perform its obligations under this Agreement, individually or in the aggregate, or on the business, operations or financial condition of Purchaser.
(l) Any Insolvency Event occurs with respect to Owner. Section 15.3.
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Samples: Transmission Service Agreement
Owner Defaults. Except to the extent excused as a result of an event of Force Majeure in accordance with Article 16, the occurrence of one or more of the following events shall constitute a default by Owner under this Agreement (an “"Owner Default”"):
(a) Owner’s failure to pay any amount due to Purchaser under this Agreement by the due date, which failure is not cured within thirty (30) days after the receipt by Owner of a demand from Purchaser that such amount is due and owing and has not been timely paid.
(b) An Owner Delay occurs and the Operation Phase has not commenced by the fifth (5th) anniversary of Owner’s Initial Deadline (which fifth (5th) anniversary shall not be subject to extension for any event of Force Majeure).
(c) Owner’s failure to comply with the provisions of Section 5.1.2(a)(ii).
(d) Owner’s failure to comply with the provisions of Section 5.1.2(a)(iii).
(e) Owner’s failure to comply with the provisions of Section 5.1.2(e).
(f) Owner’s failure to comply with the provisions of Section 5.6; provided that such failure also constitutes a default under any Loan Agreement (or any agreement entered into by Owner with a Financing Party or any equity commitment or similar agreement entered into by any Affiliate of Owner with a Financing Party in connection therewith).
(g) Owner’s failure to comply with the provisions of Section 5.7(a).
(h) A Non-Excused Outage occurs.
(i) Owner’s failure to comply in any material respect with the provisions of Article 17.
(j) Owner’s failure to perform or comply with any of its obligations under this Agreement, other than those described in clauses (a), (b), (c), (d), (e), (f), (g), (h) and (i) above, or under the Letter Agreement, in each case, in any material respect, and, if such failure is susceptible to cure, such failure continues for thirty (30) days after the receipt by Owner of written notice thereof from Purchaser, unless such cure shall reasonably require a longer period, in which case Owner shall be provided such additional period as necessary to complete such cure so long as Owner has promptly commenced such cure and thereafter diligently pursues and completes such cure.
(k) Any representation or warranty made by Owner in this Agreement is false or misleading at the time made and such inaccuracy has a material adverse effect on the ability of Purchaser to perform its obligations under this Agreement, individually or in the aggregate, or on the business, operations or financial condition of Purchaser.
(l) Any Insolvency Event occurs with respect to Owner.
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Samples: Transmission Service Agreement (Public Service Co of New Hampshire)
Owner Defaults. Except to the extent excused as a result of an event of Force Majeure in accordance with Article 16, the occurrence of one or more of the following events shall constitute a default by Owner under this Agreement (an “"Owner Default”"):
(a) Owner’s 's failure to pay any amount due to Purchaser under this Agreement by the due date, which failure is not cured within thirty (30) days after the receipt by Owner of a demand from Purchaser that such amount is due and owing and has not been timely paid.
(b) An Owner Delay occurs and the Operation Phase has not commenced by the fifth (5th) anniversary of Owner’s 's Initial Deadline (which fifth (5th) anniversary shall not be subject to extension for any event of Force Majeure).
(c) Owner’s 's failure to comply with the provisions of Section 5.1.2(a)(ii).. 1014917.31-D.C. Server 1A - MSW
(d) Owner’s 's failure to comply with the provisions of Section 5.1.2(a)(iii).
(e) Owner’s 's failure to comply with the provisions of Section 5.1.2(e).
(f) Owner’s 's failure to comply with the provisions of Section 5.6; provided that such failure also constitutes a default under any Loan Agreement (or any agreement entered into by Owner with a Financing Party or any equity commitment or similar agreement entered into by any Affiliate of Owner with a Financing Party in connection therewith).
(g) Owner’s 's failure to comply with the provisions of Section 5.7(a).
(h) A Non-Excused Outage occurs.
(i) Owner’s 's failure to comply in any material respect with the provisions of Article 17.
(j) Owner’s 's failure to perform or comply with any of its obligations under this Agreement, other than those described in clauses (a), (b), (c), (d), (e), (f), (g), (h) and (i) above, or under the Letter Agreement, in each case, in any material respect, and, if such failure is susceptible to cure, such failure continues for thirty (30) days after the receipt by Owner of written notice thereof from Purchaser, unless such cure shall reasonably require a longer period, in which case Owner shall be provided such additional period as necessary to complete such cure so long as Owner has promptly commenced such cure and thereafter diligently pursues and completes such cure.
(k) Any representation or warranty made by Owner in this Agreement is false or misleading at the time made and such inaccuracy has a material adverse effect on the ability of Purchaser to perform its obligations under this Agreement, individually or in the aggregate, or on the business, operations or financial condition of Purchaser.
(l) Any Insolvency Event occurs with respect to Owner.
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Samples: Transmission Service Agreement (Public Service Co of New Hampshire)