Common use of Performance Default Clause in Contracts

Performance Default. Failure by a Party to perform any of its duties or obligations under this Agreement (other than any failure for which a sole remedy is provided in this Agreement and any failure which is separately listed as a Default of Seller under this Section 12.1) that is not cured within thirty (30) days after receipt of notice thereof from the other Party; provided that if such failure cannot be cured within such thirty (30) day period despite reasonable commercial efforts and is not a failure to make a payment when due, and such Party expeditiously commences to cure such breach following its receipt of notice and continues to diligently proceed with such cure within such longer period of time, then such Party shall have up to sixty (60) additional days to cure.

Performance Default. Failure by a Party to perform any of its material duties or obligations under this Agreement (other than any failure for which a sole remedy is provided in this Agreement and any failure which that is separately listed as a Default of Seller under this Section 12.113.1) that is not cured within thirty (30) days after receipt of notice thereof from the other Party; provided that if such failure cannot be cured within such thirty (30) day period despite reasonable commercial efforts and efforts, such failure is not a failure to make a payment when due, and such Party expeditiously commences to cure such breach following its receipt EXHIBIT A-69 of notice notice, and such Party continues to diligently proceed with such cure within such longer period of time, then such Party shall have up to an additional sixty (60) additional days to cure.