Purchaser Event of Default. 19.4.2.1 If a Purchaser Event of Default has occurred and the Purchaser Event of Default has not been cured within the period specified in Clause 19.3, the Seller, in its sole discretion, may: (a) immediately terminate this Agreement by serving a Termination Notice on the Purchaser or, alternatively, may serve a Transfer Notice pursuant to Clause Error! Reference source not found.; and/or (b) proceed in accordance with Clause 20 to protect and enforce its rights and to recover any Damages to which it may be entitled (including all costs and expenses reasonably incurred in the exercise of its remedy). 19.4.2.2 These rights and remedies shall not be exclusive but, to the extent permitted by law, shall be cumulative and in addition to all other rights and remedies existing at law, in equity or otherwise, provided that the Seller may only seek to exercise such rights and remedies in accordance with the procedures set forth in Clause 20. 19.4.2.3 the Seller may exercise each right and remedy afforded by this Agreement or by law from time to time and as often as may be deemed expedient by the Seller. 19.4.2.4 No delay by, or omission of, the Seller to exercise any right or remedy arising upon any the Purchaser Event of Default shall impair any such right or remedy or constitute a waiver of such event or an acquiescence thereto.
Appears in 6 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Purchaser Event of Default. 19.4.2.1 If a Purchaser Event of Default has occurred and the Purchaser Event of Default has not been cured within the period specified in Clause 19.3, the Seller, in its sole discretion, may:
(a) immediately terminate this Agreement by serving a Termination Notice on the Purchaser or, alternatively, may serve a Transfer Notice pursuant to Clause Error! Reference source not found.19.4.2.4; and/or
(b) proceed in accordance with Clause 20 to protect and enforce its rights and to recover any Damages to which it may be entitled (including all costs and expenses reasonably incurred in the exercise of its remedy).
19.4.2.2 These rights and remedies shall not be exclusive but, to the extent permitted by law, shall be cumulative and in addition to all other rights and remedies existing at law, in equity or otherwise, provided that the Seller may only seek to exercise such rights and remedies in accordance with the procedures set forth in Clause 20.
19.4.2.3 the Seller may exercise each right and remedy afforded by this Agreement or by law from time to time and as often as may be deemed expedient by the Seller.
19.4.2.4 No delay by, or omission of, the Seller to exercise any right or remedy arising upon any the Purchaser Event of Default shall impair any such right or remedy or constitute a waiver of such event or an acquiescence thereto.
Appears in 1 contract
Samples: Power Purchase Agreement
