Common use of Purchaser’s Remedies Clause in Contracts

Purchaser’s Remedies. (i) If a Power Producer Default described in Section 12.1 (a) has occurred and is continuing, in addition to other remedies expressly provided herein, and subject to Section 13, Purchaser shall have a right to deliver a notice of its intention to terminate this Agreement ("Purchaser Preliminary Default Notice"), which shall specify in reasonable detail, the circumstances giving rise to the issue of such notice. (ii) Upon the occurrence and continuation of Power Producer Default and the failure by the Power Producer to cure such default within the applicable cure period specified in this Article; the Purchaser shall be at liberty avail the services of any other firm / successful bidder. (iii) Following the issue of Purchaser Preliminary Default Notice, it shall be the responsibility of the Parties to discuss as to what steps shall be taken with a view to mitigate the consequences of the relevant Power Producer's Default having regard to all the circumstances: If the Power Producer Default is not cured within a period of sixty (60) days of the issue of Purchaser Preliminary Default Notice or any other such period mutually agreed upon by the Parties, the Purchaser shall have the right to terminate this Agreement by issuing a Purchaser Termination Notice. (iv) Upon the delivery of the Purchaser Termination Notice, this Agreement shall stand terminated. The Power Producer shall have the liability to- make payment within sixty (60) days from the date of Purchaser Termination Notice towards compensation to Purchaser equivalent to the difference between the Tariff and the grid rate notified by the relevant Government Authority for that point in time multiplied by the estimated Solar Power generated for a period of two years following the termination, considered on normative capacity utilization factor. (v) if the Power Producer fails to remove the System from the Premises within one month from me date of termination, the Purchaser shall be entitled to dispose of the System in any manner it deems fit. (vi) The Power Purchaser may exercise any other remedy it may have at law or equity or under the Agreement.

Purchaser’s Remedies. (i) If a Power Producer Default described in Section 12.1 (a) has occurred and is continuing, in addition to other remedies expressly provided herein, and subject to Section 13, Purchaser shall have a right to deliver a notice of its intention to terminate this Agreement ("Purchaser Preliminary Default Notice"), which shall specify in reasonable detail, the circumstances giving rise to the issue of such notice. (ii) Upon the occurrence and continuation of Power Producer Default and the failure by the Power Producer to cure such default within the applicable cure period specified in this Article; the Purchaser shall be at liberty avail the services of any other firm / successful bidder. (iii) Following the issue of Purchaser Preliminary Default Notice, it shall be the responsibility of the Parties to discuss as to what steps shall be taken with a .a view to mitigate the consequences of the relevant Power Producer's Default having regard to all the circumstances: If the Power Producer Default is not cured within a period of sixty (60) days of the issue of Purchaser Preliminary Default Notice or any other such period mutually agreed upon by the Parties, the Purchaser shall have the right to terminate this Agreement by issuing a Purchaser Termination Notice. (iv) Upon the delivery of the Purchaser Termination Notice, this Agreement shall stand terminated. The Power Producer shall have the liability to- make payment within sixty (60) days from the date of Purchaser Termination Notice towards compensation to Purchaser equivalent to the difference between the Tariff and the grid rate notified by the relevant Government Authority for that point in time multiplied by the estimated Solar Power generated for a period of two 3; two (z) years following the termination, considered on normative capacity utilization factor. (v) if the Power Producer fails to remove the System from the Premises within one month from me date of termination, the Purchaser shall be entitled to dispose of the System in any manner it deems fit. (vi) The Power Purchaser may exercise any other remedy it may have at law or equity or under the Agreement.

Purchaser’s Remedies. (i) If a Power Producer Default described in Section 12.1 (a) has occurred and is continuing, in addition to other remedies expressly provided herein, and subject to Section 13, Purchaser shall have a right to deliver a notice of its intention to terminate this Agreement ("Purchaser Preliminary Default Notice"), which shall specify in reasonable detail, the circumstances giving rise to the issue of such notice. (ii) Upon the occurrence and continuation of Power Producer Default and the failure by the Power Producer to cure such default within the applicable cure period specified in this Article; the Purchaser shall be at liberty avail the services of any other firm / successful bidder. (iii) Following the issue of Purchaser Preliminary Default Notice, it shall be the responsibility of the Parties to discuss as to what steps shall be taken with a view to mitigate the consequences of the relevant Power Producer's Default having regard to all the circumstances: If the Power Producer Default is not cured within a period of sixty (60) days of the issue of Purchaser Preliminary Default Notice or any other such period mutually agreed upon by the Parties, the Purchaser shall have the right to terminate this Agreement by issuing a Purchaser Termination Notice. (iv) Upon the delivery of the Purchaser Termination Notice, this Agreement shall stand terminated. The Power Producer shall have the liability to- make payment within sixty (60) days from the date of Purchaser Termination Notice towards compensation to Purchaser equivalent to the difference between the Tariff and the grid rate notified by the relevant Government Authority for that point in time multiplied by the estimated Solar Power generated for a period of two years following the termination, considered on normative capacity utilization factor. (v) if the Power Producer fails to remove the System from the Premises within one month from me the date of termination, the Purchaser shall be entitled to dispose of the System in any manner it deems fit. (vi) The Power Purchaser may exercise any other remedy it may have at law or equity or under the Agreement.

Purchaser’s Remedies. (i) If a Power Producer Default described in Section 12.1 (a) has occurred and is continuing, in addition to other remedies expressly provided herein, and subject to Section 13, Purchaser shall have a right to deliver a notice of its intention to terminate this Agreement ("Purchaser Preliminary Default Notice"), which shall specify in reasonable detail, the circumstances giving rise to the issue of such notice. (ii) Upon the occurrence and continuation of Power Producer Default and the failure by the Power Producer to cure such default within the applicable cure period specified in this Article; the Purchaser shall be at liberty avail the services of any other firm / successful bidder. (iii) Following the issue of Purchaser Preliminary Default Notice, it shall be the responsibility of the Parties to discuss as to what steps shall be taken with a .a view to mitigate the consequences of the relevant Power Producer's Default having regard to all the circumstances: If the Power Producer Default is not cured within a period of sixty (60) days of the issue of Purchaser Preliminary Default Notice or any other such period mutually agreed upon by the Parties, the Purchaser shall have the right to terminate this Agreement by issuing a Purchaser Termination Notice. (iv) Upon the delivery of the Purchaser Termination Notice, this Agreement shall stand terminated. The Power Producer shall have the liability to- to-make payment within sixty (60) days from the date of Purchaser Termination Notice towards compensation to Purchaser equivalent to the difference between the Tariff and the grid rate notified by the relevant Government Authority for that point in time multiplied by the estimated Solar Power generated for a period of two 3; two (z) years following the termination, considered on normative capacity utilization factor. (v) if the Power Producer fails to remove the System from the Premises within one month from me date of termination, the Purchaser shall be entitled to dispose of the System in any manner it deems fit. (vi) The Power Purchaser may exercise any other remedy it may have at law or equity or under the Agreement.

Purchaser’s Remedies. (i) If a Power Producer Default described in Section 12.1 (a) has occurred and is continuing, in addition to other remedies expressly provided herein, and subject to Section 13, Purchaser shall have a right to deliver a notice of its intention to terminate this Agreement ("Purchaser Preliminary Default Notice"), which shall specify in reasonable detail, the circumstances giving rise to the issue of such notice. (ii) Upon the occurrence and continuation of Power Producer Default and the failure by the Power Producer to cure such default within the applicable cure period specified in this Article; the Purchaser shall be at liberty avail the services of any other firm / successful bidder. (iii) Following the issue of Purchaser Preliminary Default Notice, it shall be the responsibility of the Parties to discuss as to what steps shall be taken with a view to mitigate the consequences of the relevant Power Producer's Default having regard to all the circumstances: If the Power Producer Default is not cured within a period of sixty (60) days of the issue of Purchaser Preliminary Default Notice or any other such period mutually agreed upon by the Parties, the Purchaser shall have the right to terminate tot e r m i n a t e this Agreement A g r e e me n t by issuing i ssuing a Purchaser P u r c h a s e r Termination Notice. (iv) Upon the delivery of the Purchaser Termination Notice, this Agreement shall stand terminated. The Power Producer shall have the liability to- make payment within sixty (60) days from the date of Purchaser Termination Notice towards compensation to Purchaser equivalent to the difference between the Tariff and the grid rate notified by the relevant Government Authority for that point in time multiplied by the estimated Solar Power generated for a period of two years following the termination, considered on normative capacity utilization factor. (v) if the Power Producer fails to remove the System from the Premises within one month from me date of termination, the Purchaser shall be entitled to dispose of the System in any manner it deems fit. (vi) The Power Purchaser may exercise any other remedy it may have at law or equity or under the Agreement.

Purchaser’s Remedies. (i) If a Power Producer Default described in Section 12.1 (a) has occurred and occurredand is continuing, in addition to other remedies expressly provided hereinprovidedherein, and subject to Section 13, Purchaser shall have a right to deliver a delivera notice of its intention to terminate this Agreement ("Purchaser Preliminary PurchaserPreliminary Default Notice"), which shall specify in reasonable detail, ,the circumstances giving rise to the issue of such notice. (ii) Upon the occurrence and continuation of Power Producer Default and the andthe failure by the Power Producer to cure such default within the applicable theapplicable cure period specified in this Article; the Purchaser shall be at liberty atliberty avail the services of any other firm / successful bidder. (iii) Following the issue of Purchaser Preliminary Default Notice, it shall be the bethe responsibility of the Parties to discuss as to what steps shall be taken betaken with a view to mitigate the consequences of the relevant Power ProducerPowerProducer's Default having regard to all the circumstances: If the Power Producer PowerProducer Default is not cured within a period of sixty (60) days of the issue theissue of Purchaser Preliminary Default Notice or any other such period mutually periodmutually agreed upon by the Parties, the Purchaser shall have the right to rightto terminate this Agreement by issuing a Purchaser Termination NoticeTerminationNotice. (iv) Upon the delivery of the Purchaser Termination Notice, this Agreement shall Agreementshall stand terminated. The Power Producer shall have the liability to- make payment tomakepayment within sixty (60) days from the date of Purchaser Termination PurchaserTermination Notice towards compensation to Purchaser equivalent to the tothe difference between the Tariff and the grid rate notified by the relevant therelevant Government Authority for that point in time multiplied by the estimated theestimated Solar Power generated for a period of two years following the followingthe termination, considered on normative capacity utilization factor. (v) if the Power Producer fails to remove the System from the Premises within Premiseswithin one month from me date of termination, the Purchaser shall be entitled beentitled to dispose of the System in any manner it deems fit. (vi) The Power Purchaser may exercise any other remedy it may have at law atlaw or equity or under the Agreement.

Purchaser’s Remedies. Notwithstanding any provision of this Agreement to the contrary other than Section 7.03 and, if applicable, Section 3.03: A. if Seller fails or refuses to timely comply with Seller’s obligations hereunder and such failure continues for a period of ten (10) days after delivery of written notice from Purchaser to Seller specifying such failure (provided, however, that if such failure requires more than ten (10) days to cure, then such ten (10) day period will extend to thirty (30) days provided that Seller commences to cure such failure within such initial 10 day period and diligently prosecutes such cure thereafter), Purchaser may, as Purchaser’s sole and exclusive remedy, either: (i) If a Power Producer Default described in Section 12.1 (a) has occurred and is continuing, in addition to other remedies expressly provided herein, and subject to Section 13, Purchaser shall have a right to deliver a notice of its intention to terminate this Agreement ("Purchaser Preliminary Default Notice"), which shall specify in reasonable detail, the circumstances giving rise to the issue of such notice. (ii) Upon the occurrence and continuation of Power Producer Default and the failure by the Power Producer to cure such default within the applicable cure period specified in this Article; the Purchaser shall be at liberty avail the services of any other firm / successful bidder. (iii) Following the issue of Purchaser Preliminary Default Notice, it shall be the responsibility of the Parties to discuss as to what steps shall be taken with a view to mitigate the consequences of the relevant Power Producer's Default having regard to all the circumstances: If the Power Producer Default is not cured within a period of sixty (60) days of the issue of Purchaser Preliminary Default Notice or any other such period mutually agreed upon by the Parties, the Purchaser shall have the right to terminate this Agreement by issuing a Purchaser Termination Notice. (iv) Upon the delivery giving Seller timely written notice of the Purchaser Termination Noticesuch election prior to or at Closing, and thereupon this Agreement shall stand terminated. The Power Producer shall have the liability to- make payment within sixty (60) days from the date of Purchaser Termination Notice towards compensation to Purchaser equivalent to the difference between the Tariff terminate, and the grid rate notified by the relevant Government Authority for that point in time multiplied by the estimated Solar Power generated for a period of two years following the termination, considered on normative capacity utilization factor. (v) if the Power Producer fails to remove the System from the Premises within one month from me date of termination, the Purchaser shall be entitled to dispose an immediate return of the System Exxxxxx Money and Seller and Purchaser shall be relieved and released of all further obligations, claims and liabilities hereunder; or (ii) enforce specific performance of Seller’s obligations hereunder; or B. if any of Seller’s Representations and Warranties other than Section 6.01(x) is untrue or is breached in any manner it deems fitmaterial respect and is not cured by Seller within ten (10) days after delivery of written notice specifying such breach from Purchaser to Seller (provided, however, that if such breach requires more than ten (10) days to cure, then such ten (10) day period will extend to thirty (30) days provided that Seller commences to cure such breach within such initial ten (10) day period and diligently prosecutes such cure thereafter), Purchaser may elect, as Purchaser’s sole and exclusive remedy, by giving Seller timely written notice of said election prior to Closing, either: (i) to terminate this Agreement, whereupon within thirty (30) days after said election is made by Purchaser, Seller shall refund and pay to Purchaser both the Exxxxxx Money, less the Independent Consideration, and the out of pocket costs and expenses incurred by Purchaser after the Effective Date for third party contractors, consultants and attorneys regarding the Property as evidenced by commercially reasonable supporting documentation provided by Purchaser; and upon making said payments to Purchaser, Seller and Purchaser shall be relieved and released of all further obligations, claims and liabilities hereunder, or (ii) to waive the Seller’s failure to cure and proceed to close this transaction in accordance with the other provisions of this Agreement. (viC. if the Representations and Warranties set forth in Section 6.01(x) The Power is untrue or is breached in any material respect, Purchaser may exercise any other remedy it elect, as Purchaser’s sole and exclusive remedy, by giving Seller timely written notice of said election prior to Closing, either: (i) to terminate this Agreement, whereupon within thirty (30) days after said election is made by Purchaser, Seller shall refund and pay to Purchaser the Exxxxxx Money, less the Independent Consideration, and upon making said payment to Purchaser, Seller and Purchaser shall be relieved and released of all further obligations, claims and liabilities hereunder; or (ii) to require Seller and Purchaser to follow the procedure set out in Section 8.02 D. Notwithstanding the foregoing, Purchaser may have pursue all legal rights available at law or in equity in connection with (i) any breach of any of Seller’s Representations or under Warranties, other than Section 6.01(x), discovered after Closing, and/or (ii) any of Seller’s specific indemnification obligations hereunder; provided, that in no event may Purchaser recover any indirect or consequential damages arising out of any such breach by Seller all of which are hereby waived by Purchaser. With regard to any breach of Section 6.01(x) discovered after Closing, Purchaser’s sole and exclusive remedy is set forth in Section 8.02 below. The provisions of this paragraph shall survive Closing and the Agreementdelivery of the Deed fully and for all purposes as if contained in a separate written document signed by Seller and Purchaser at Closing.

Purchaser’s Remedies. (i) If a Power Producer Default described in Section 12.1 (a) has occurred and is continuing, in addition to other remedies expressly provided herein, and subject to Section 13, Purchaser shall have a right to deliver a notice of its intention to terminate this Agreement ("Purchaser Preliminary Default Notice"), which shall specify in reasonable detail, the circumstances giving rise to the issue of such notice. (ii) Upon the occurrence and continuation of Power Producer Default and the failure by the Power Producer to cure such default within the applicable cure period specified in this Article; the Purchaser shall be at liberty avail the services of any other firm / successful bidder. (iii) Following the issue of Purchaser Preliminary Default Notice, it shall be the responsibility of the Parties to discuss as to what steps shall be taken with a view to mitigate the consequences of the relevant Power Producer's Default having regard to all the circumstances: If the Power Producer Default is not cured within a period of sixty (60) days of the issue of Purchaser Preliminary Default Notice or any other such period mutually agreed upon by the Parties, the Purchaser shall have the right to terminate this Agreement by issuing a Purchaser Termination Notice. (iv) Upon the delivery of the Purchaser Termination Notice, this Agreement shall stand terminated. The Power Producer shall have the liability to- to-make payment within sixty (60) days from the date of Purchaser Termination Notice towards compensation to Purchaser equivalent to the difference between the Tariff and the grid rate notified by the relevant Government Authority for that point in time multiplied by the estimated Solar Power generated for a period of two years following the termination, considered on normative capacity utilization factor. (v) if the Power Producer fails to remove the System from the Premises within one month from me date of termination, the Purchaser shall be entitled to dispose of the System in any manner it deems fit. (vi) The Power Purchaser may exercise any other remedy it may have at law or equity or under the Agreement.