PURCHASER'S DEFAULTS. Purchaser shall be considered to be in default hereunder if Purchaser fails to meet, comply with, or perform any material covenant, agreement, representation, warranty, or obligation on its part required within the time limits and in the manner required in this Contract, and such failure was not caused by Seller's default.
PURCHASER'S DEFAULTS. Purchaser shall be deemed to be in default under this Agreement in the event Purchaser fails, for any reason (other than a default by Seller), to perform any of its material obligations under this Agreement or any or all of the Other Sale Agreements within the time limits and in the manner provided for, as applicable, in this Agreement and the Other Sale Agreements, or any representation or warranty made by the Purchaser in this Agreement or any or all of the Other Sale Agreements is untrue or inaccurate in a material respect when made or as of the Closing Date. If Closing does not occur and Purchaser is in default, Purchaser shall pay all of the Shared Closing Costs.
PURCHASER'S DEFAULTS. It shall be a default by Purchaser under this Agreement (a “Purchaser’s Default”) if Purchaser shall fail to perform or comply with any of its material covenants, acts and agreements contained in this Agreement in any material respect when required to be performed hereunder and such failure shall continue for five (5) business days after Seller gives Purchaser written notice of such failure (but in no event shall such cure period extend beyond the Closing Date), except that if such failure relates to any covenant or agreement to be performed at the Closing, there shall be no notice required or grace or cure period allowed.
PURCHASER'S DEFAULTS. Any one of the following which occur within [* * *] after the Effective Date (or such longer period if specified herein) shall constitute an event of default by Purchaser (“Purchaser Default”) under this Agreement:
PURCHASER'S DEFAULTS. A. Purchaser shall be deemed to be in default if Purchaser shall fail to deliver, at the Closing, the items required to be delivered by Purchaser to Seller for any reason other than a default by Seller.
B. In the event Purchaser shall be deemed to be in default, as Seller's sole and exclusive remedy for such default, Seller may terminate this Agreement, whereupon Seller shall be entitled to the Xxxxxxx Money, which the Title Company shall deliver to Seller on receipt of written notice from Seller that Purchaser has defaulted. The notice need not be accompanied by any other document or consent of any other party, it being agreed between Purchaser and Seller that the Xxxxxxx Money shall be liquidated damages for a default of Purchaser hereunder because of the difficulty, inconvenience, and uncertainty of ascertaining actual damages for such default.
PURCHASER'S DEFAULTS. (a) If Purchaser breaches this Agreement by refusing to purchase the Property in accordance with this Agreement when legally required to do so (a "WRONGFUL FAILURE TO PURCHASE") and Purchaser does not cure the Wrongful Failure to Purchase within five (5) days after Seller notifies Purchaser of the same, in writing, then Seller, AS ITS SOLE AND EXCLUSIVE REMEDY, may terminate this Agreement, in which case Seller shall be entitled to the entire Contract Deposit and neither party shall have any further obligations hereunder, except for Purchaser's indemnity, repair and other obligations that by their terms survive the termination of this Agreement. Purchaser and Seller agree that the payment of the Contract Deposit pursuant to this Section shall constitute liquidated damages which are reasonable under the circumstances because of the difficulty, inconvenience, and uncertainty of ascertaining actual damages.
(b) Subject to the other terms of this Agreement, if Purchaser defaults under or breaches any of the Transaction Documents, other than a Wrongful Failure to Purchase, and Purchaser fails cure such default or breach within thirty (30) days after it is notified thereof by Seller, in writing, then Seller may, AS ITS SOLE AND EXCLUSIVE REMEDY, recover the actual damages it suffers as a result of such default or breach from Purchaser.
(c) Under no circumstances, shall Purchaser be liable to Seller for any consequential, exemplary or punitive damages as a result of its default under or breach of any of the Transaction Documents.
PURCHASER'S DEFAULTS. 37 12.4 Sellers' Remedy......................................... 37 12.5 Liquidated Damages to Purchaser......................... 38
PURCHASER'S DEFAULTS. Any of the following events shall be a default by the Purchaser under this Contract unless such event occurred as a result of Seller's breach of its obligations hereunder:
(i) Except in the event that the Seller has failed to pay any taxes or fees due and payable, any PRC Government Authority (including, without limitation any Price Bureau) either (A) revokes or substantially alters any license, permit, or approval previously issued to the Seller or (B) fails to approve the Current Tariff or fails to approve any adjustment in the Current Tariff required to be made hereunder or in accordance with the Electric Tariff Adjustment Method;
(ii) an event of default of the Fuel Supplier under Article 11.2 of the Fuel Contract occurs;
(iii) Purchaser is dissolved or reorganized pursuant to law; provided however, the Purchaser shall not be in default if the newly formed organization expressly assumes Purchaser's obligations described herein, the provisions of Article 13.01 are satisfied, and the financial condition of such newly formed organization is fully acceptable and satisfactory to Seller;
(iv) Purchaser fails to make a payment in accordance with this Contract and such non-payment continues for a period of thirty (30) days following its due date; provided that the Seller shall have the right to suspend delivery of electrical energy to the Purchaser after ten (10) days of such non-payment;
(v) Purchaser materially breaches any other material obligation under this Contract and such circumstances continue unremedied for one hundred eighty (180) days; or
(vi) a breach by the Dispatch Center of the Interconnection and Dispatch Contract.
PURCHASER'S DEFAULTS. Any one of the following which occur within [***] after the Effective Date (or such longer period if specified herein) shall constitute an event of default by Purchaser (“Purchaser Default”) under this Agreement:
(a) Payment Default. Purchaser shall fail to pay, within ten (10) days of when due, any amount payable under this Agreement or any other Transaction Documents that is not subject to a dispute between the parties;
(b) Common Stock Default. Purchaser fails to deliver shares of its common stock to Seller when due or fails or neglects to maintain a sufficient number of authorized and unissued shares to fulfill all of its obligations to Sellers and Purchaser has failed to cure the default within thirty (30) days after written notice of the occurrence thereof. This subsection 6.4(b) shall expire upon the delivery of all shares to which Sellers are entitled;
PURCHASER'S DEFAULTS. If Purchaser defaults in its obligations to close hereunder, Seller's sole and exclusive remedy shall be to receive and retain the Downpayment as liquidated damages, it being agreed that Seller's damages in case of Purchaser's default might be impossible to ascertain and that the Downpayment constitutes a fair and reasonable amount of damages under the circumstances and is not a penalty.
