Receiver Default Sample Clauses

Receiver Default. 2 In the event of a Default by the Receiver the Provider shall be entitled to payment for the full expected 3 electricity production of the facility during the Term of this Agreement. The full cost shall be calculated by 4 multiplying the historical mean Net Electricity by the corresponding future energy purchase rates 5 identified in Section 6.2.
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Receiver Default. RECEIVER, the process is made with a credit card in case of falling into default cardholder bank itself will pay interest within the framework of the credit card contract made with and assumed it would be responsible to the bank, and warrants. In this case, the bank may apply to the relevant legal way; probable costs and may request attorneys' fees from the receiver and all circumstances in the event of a drop in delinquencies due to the buyer's debt, RECEIVER, losses incurred by the vendor because of its performance lagged debt and agree to pay the damages, and warrants.
Receiver Default. In the event of a Default by the Receiver the Provider shall be entitled to payment for the full expected electricity production of the facility during the Term of this Agreement. The full cost shall be a lump sum calculated by multiplying the lesser of the historical mean full year Net Electricity or the original average energy forecast by the mean of the future energy purchase rates identified in Section 6.2, by the remaining number of years in the Term of this Agreement. Alternatively, the Receiver and Provider agree to use commercially reasonable efforts (which may include approaching potential alternate receivers) to cooperate to ensure the Provider receives an equal or greater payment during the remainder of the Term for energy production by the Generating Facility. This may include, but is not limited to, modifying the Supporting Infrastructure to generate energy directly on to the Utility’s distribution system. The Receiver shall be responsible for all upgrade costs and shall, if necessary, be responsible for trueing-up the rate received from the Utility to ensure that the Provider receives not less than the original rates defined in Section 6.2. In no event shall cooperative efforts under this clause be construed against the Forward Contract provisions of Section 14.9. The cooperative efforts of this clause shall be construed as using reasonable efforts to mitigate damages only. If the Provider is delayed or unable to complete its obligations under this Agreement as the direct result of a Receiver’s failure to meet one or more of its obligations under this Agreement, then the provider shall be entitled to a day for day extension of the Provider’s relevant obligations.

Related to Receiver Default

  • Default by Seller Except as specifically provided elsewhere in this Contract, in the event that Seller fails to consummate this Contract or if Seller fails to perform any of Seller's other material obligations hereunder either prior to or at the Closing and such failure or refusal results from any reason other than the termination of this Contract by Purchaser pursuant to a right to terminate expressly set forth in this Contract or Purchaser's failure to perform Purchaser's obligations under this Contract, Purchaser may as its only remedy either (i) terminate this Contract by giving written notice thereof to Seller prior to or at the Closing, in which event Purchaser will be entitled to a return of the Deposit Note, whereupon neither party hereto will have any further rights or obligations hereunder, except (a) that Seller will authorize the Title Company to deliver to Purchaser the Deposit Note and Title Company will deliver the Deposit Note to Purchaser free of any claims by Seller or any other person with respect thereto, (b) that Seller shall reimburse Purchaser for its out of pocket costs associated with the negotiation and preparation of this Agreement and its examination of the Property, including, the fees and disbursements of its counsel, advisers, and agents, and (c) for provisions which survive Closing by their terms or (ii) enforce specific performance of Seller's duties and obligations under this Contract, provided that the right to enforce specific performance shall not require Seller to remove any title encumbrances placed on the Property after the Effective Date or require Seller to perform any covenant beyond the then current ability of Seller. In the event Purchaser fails to file an action for specific performance of this Contract on or before ninety (90) days after the date of such non-performance, Purchaser shall be deemed to have elected to proceed under clause (i) above and shall be deemed to have waived its right to enforce specific performance of this Contract.

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