Owner Remedies. The Company's entire liability and Owner's exclusive remedy shall be repair or replacement of the materials that do not meet the Limited Warranty.
Owner Remedies. Upon the occurrence and during the continuance of an User Event of Default, Owner may, subject to the terms of Section 13.4 below, do any one or more of the following: (a) terminate this Agreement by giving User no less than ten (10) days’ notice of such termination and the Term shall terminate and all rights and obligations of User under this Agreement shall cease, subject to any provisions that expressly survive the Expiration Date, (b) seek damages as provided in Section 13.4 hereof, or (c) except to the extent expressly otherwise provided under this Agreement, exercise any other right or remedy hereunder, at law or in equity available to Owner as a result of any User Event of Default. User shall pay as Additional Charges all costs and expenses incurred by or on behalf of Owner, including reasonable and documented attorneys’ fees and expenses, as a result of any User Event of Default hereunder.
Owner Remedies. In the event of a Contractor Default, Owner shall have any or all of the following rights and remedies:
Owner Remedies. If Owner terminates a Party for cause, the terminated Party will not be entitled to any further payments until after Final Completion of the Project. The terminated Party will forfeit any ICL not yet paid to it and shall be responsible for any damages resulting from the default leading to the Termination for Cause up to (i) a maximum of 100% of the Target Cost in the case of the General Contractor and
Owner Remedies. From and after a Forbearance Termination Event, in addition to Beneficiary’s rights under Section 7.1, each Owner may (a) by notice to Toshiba, declare all payment obligations of Toshiba under this Agreement to be immediately due and payable, whereupon all such obligations shall accelerate and be immediately due and payable; provided, however, that if a Toshiba Insolvency Proceeding has occurred, no such declaration shall be required and, upon the occurrence of such Toshiba Insolvency Proceeding, all of such obligations shall automatically accelerate and be immediately due and payable, (b) make draws under the Letters of Credit and apply the proceeds thereof to reduce amounts due under this Agreement (including amounts due as a result of the acceleration described in the foregoing clause (a)) or under the Toshiba Guaranty and (c) pursue all of legal and equitable rights and remedies available to it.
Owner Remedies. Upon a Buyer Event of Default, Buyer shall, at Owner’s request, transfer to Owner any accounts, meters, or other rights necessary for the System to participate in New Hampshire’s group Net Metering program; upon which, Owner may sell the Energy to persons other than Buyer and recover from Buyer any loss in revenues resulting from such sales. The remedies set forth in this Paragraph 7.2(b) are cumulative and are without prejudice to any other remedies available at law or in equity. In the event that the Owner exercises his right to participate in New Hampshire’s Net Metering Program, any Payment in Lieu of Tax Agreement that the Owner has with the Buyer for taxes due and payable pursuant to RSA 72:8 and RSA 72:23, I, shall be void, and the Buyer shall commence assessing and taxing the Owner pursuant to RSA 72:8 and RSA 72:23, I, for the tax year commencing on April 1 in the year following the Owner’s exercise of its rights under this Paragraph 7.2(b).
Owner Remedies. If Owner terminates a Party for cause, the terminated Party will not be entitled to any further payments until after Final Completion of the Project. In addition, Owner may, without prejudice to any other rights or remedies, and after giving the Party and its surety (if any) prior written notice:
Owner Remedies. 15.4.1. Upon the occurrence and continuation of a Contractor Event of Default, Owner has the right to terminate this Agreement upon ten (10) Business Days’ Notice, upon consultation with and consent of the Authority. If any termination for cause by Owner pursuant to this Section 15.4 is ultimately determined to have been wrongful, then such termination shall be deemed a termination for convenience pursuant to Section 15.5, and Contractor’s sole remedy shall be the receipt of the amounts set forth in Section 15.5. If the Contractor Event of Default relates to some but not all SGFs, Owner may terminate the entire Agreement or, at its election, upon consultation with and consent of the Authority, terminate this Agreement only with respect to the Local Unit’s SGFs of one or more Local Units, while maintaining this Agreement in full force and effect with respect to all remaining SGFs in the Project, which election shall be made in the Notice of termination specified above. In case of such partial termination, Owner’s remedies specified hereinbelow shall apply with respect to the terminated SGFs. Any such partial termination shall be without prejudice to Owner’s rights and remedies in case of any future Contractor Event of Default.
Owner Remedies. Upon the occurrence and during the continuation of any Contractor Event of Default hereunder, Owner, in addition to its right to pursue any other remedy given under this Agreement or now or hereafter existing at law or in equity or otherwise and after giving effect to any applicable cure periods, shall have the right to terminate this Agreement by written notice to Contractor and the Guarantors (“Termination for Cause”); provided, however, that Owner shall have no right to terminate this Agreement for any breach or default under this Agreement or the Guaranty that is not a material breach or default. A Termination for Cause shall be effective upon delivery of Owner’s written notice (the “Termination Notice”) with respect thereto. Owner shall, within a reasonable period of time after the Work is finally completed by one or more replacement contractors, determine the total cost to Owner for completing the Work in accordance with the Technical Specifications and the other Requirements of this Agreement, including all sums previously paid or then owed to Contractor pursuant to this Agreement. In contracting with such replacement contractors, Owner shall, to the extent practicable, cause the Work to be completed in accordance with the Agreement Documents and shall employ reasonable efforts to mitigate the costs incurred in connection with completion of the Work. If the Agreement Price is less than the sum of (i) the cost incurred by Owner finally to complete the Work; (ii) all amounts previously paid to Contractor pursuant to this Agreement, Contractor shall pay to Owner on demand the amount of such difference. Any amount owed by Owner to Contractor for the level of completion of the Work shall be retained by Owner until after completion of the Work and applied by Owner to pay any amounts and damages owed by Contractor pursuant to this Section 13.2. Any excess shall be remitted by Contractor within sixty (60) Business Days after the Project is finally completed.
Owner Remedies. During the continuance of Operator’s Event of Default, Owner shall have the following remedies: (i) to terminate this Agreement and recover possession of the Agreement Premises; (ii) to require specific performance of the terms of this Agreement; or (iii) to recover damages. Owner shall use commercially reasonable efforts to mitigate any damages resulting from any default by Operator under this Agreement. Notwithstanding anything to the contrary herein or under applicable law, following entry of any order of termination or forfeiture against Operator by a court of competent jurisdiction arising from a default by Operator, Operator shall have a right to cure such default and nullify such termination or forfeiture within 10 calendar days after entry of such order.
