Common use of Remedies and Termination Clause in Contracts

Remedies and Termination. If any Party hereto believes another Party has breached this Agreement, it shall provide written notice of the breach. If the breach is not cured within sixty (60) days, remedies may include specific performance, termination of this Agreement, damages, and any other relief allowed by law. Should this Agreement be properly terminated, the Developer if terminated prior to meeting all of the Developer’s obligations under Sections 2 – 4), or the Town if the Developer’s License Agreement had previously terminated under Section 4.b hereof, shall remove at its sole cost and expense the Ditch Crossing and all structures necessary to return the SBCC Pipeline and the Ditch Company Property to a condition which, at a minimum, is equivalent to the condition of the SBCC Pipeline and the Ditch Company Property prior to the initiation of Construction and reasonably acceptable to the Ditch Company. In the event of such termination, all relevant portions of this Agreement shall survive termination of the Agreement until such time as the Ditch Crossing and structures are removed and the condition of the SBCC Pipeline and the Ditch Company Property is restored. The Developer or the Town may, at any time unrelated to termination, remove the Ditch Crossing and restore the SBCC Pipeline and Ditch Company Property at no cost to the Ditch Company prior to termination of the License Agreement. However, the removal of the Ditch Crossing and restoration of the SBCC Pipeline and Ditch Company Property, whether due to termination of this Agreement or otherwise, shall be subject to all provisions of this Agreement, including but not limited to Sections 2 and 3 hereof, similar to the original Construction, and shall require prior approval by the Ditch Company regarding any necessary plans or specifications, and shall not adversely affect the Ditch Company Rights. Any costs incurred by the Ditch Company associated with the removal of the Ditch Crossing and restoration of the SBCC Pipeline and Ditch Company Property shall be reimbursed by the entity doing the work (Developer or Town) pursuant to Section 8, above.

Remedies and Termination. If any Party hereto believes another Party has breached this AgreementIn the event of a Default, it shall provide written an alleged Default, or a reasonably anticipated Default, written, emailed, or faxed notice of such Default shall be served to the breachSchool/Government Supplier by the Company, describing the Default and declaring it to be the intention of giving notice to terminate this Agreement unless the Default is cured to the satisfaction of the Company within a reasonable time period. If, within said period of time, the School/Government Supplier in Default does so remedy or remove said causes to the satisfaction of the Company, then such notice shall be deemed to have been withdrawn and this Agreement shall continue in full force and effect. If the breach School/Government Supplier does not so remedy or remove the cause or causes within said period of time, then this Agreement may, at the Company’s discretion, terminate. Customers designated within the School/Government Supplier’s Pool will be notified that the School/Government Supplier is not cured within sixty (60) days, remedies may include specific performance, in Default and will return to Vectren's Sales Service as soon as possible unless provisions have been made by Customer to immediately enroll with a different School/Government Supplier. Any termination or cancellation of this Agreement, damagespursuant to this Article 7 shall be without waiver of any remedy, and any other relief allowed by law. Should whether at law or in equity, to which the party not in Default otherwise may be entitled for breach of this Agreement be properly terminated, the Developer if terminated prior to meeting all of the Developer’s obligations under Sections 2 – 4), or the Town if the Developer’s License Agreement had previously terminated under Section 4.b hereof, shall remove at its sole cost and expense the Ditch Crossing and all structures necessary to return the SBCC Pipeline and the Ditch Company Property to a condition which, at a minimum, is equivalent to the condition of the SBCC Pipeline and the Ditch Company Property prior to the initiation of Construction and reasonably acceptable to the Ditch CompanyAgreement. In the event of such terminationthat School/Government Supplier files a petition for relief under the federal bankruptcy laws, all relevant portions of this Agreement shall survive termination of or School/Government Supplier’s creditors file an involuntary bankruptcy petition, during the Agreement until such time as the Ditch Crossing and structures are removed and the condition of the SBCC Pipeline and the Ditch Company Property is restored. The Developer or the Town may, at any time unrelated to termination, remove the Ditch Crossing and restore the SBCC Pipeline and Ditch Company Property at no cost to the Ditch Company prior to termination of the License Agreement. However, the removal of the Ditch Crossing and restoration of the SBCC Pipeline and Ditch Company Property, whether due to termination of this Agreement or otherwise, shall be subject to all provisions term of this Agreement, including but and this Agreement has not limited been terminated for non-delivery of gas supplies, then School/Government Supplier shall cause a notice to Sections 2 and 3 hereof, similar to be filed with the original Constructionfederal bankruptcy court having jurisdiction, and within five (5) days of bankruptcy court’s issuance of an order for relief shall require prior approval take all actions necessary to declare its intentions with regard to assuming or rejecting this Agreement. Failure to file and take the required action within said five (5) day period would constitute notice that School/Government Supplier intends to reject this Agreement. If this Agreement is terminated due to non-delivery of supplies by the Ditch School/Government Supplier, or if Company regarding any necessary plans or specificationsis notified of School/Government Supplier’s intention to reject this Agreement in accordance with federal bankruptcy laws, then Company shall notify School/Government Supplier’s School/Government Pool Customers of such termination and shall return all of School/Government Supplier’s School/Government Pool Customers to Company’s Sales Service as soon as possible. Company shall also immediately determine whether or not adversely affect any interstate pipeline capacity previously assigned to School/Government Supplier must be recalled, based upon a determination of its necessity for service to such Customers. School/Government Supplier shall remain responsible for the Ditch Company Rights. Any costs incurred by difference between the Ditch Company associated with the removal market value of the Ditch Crossing assigned pipeline capacity and restoration the full demand charges applicable to such capacity until the earliest normal expiration date of the SBCC Pipeline and Ditch Company Property shall be reimbursed by the entity doing the work (Developer or Town) pursuant to Section 8, aboveAgreement.

Remedies and Termination. If any Party hereto believes another Party has breached this AgreementIn the event of a Default, it an alleged Default, or a reasonably anticipated Default, written, emailed, or faxed notice of such Default shall provide written be served to the School/Government Supplier by the Company, describing the Default and declaring the Company's intention to give notice of the breachtermination of this Agreement unless the Default is cured to the satisfaction of the Company within a reasonable time period. If, within said period of time, the School/Government Supplier in Default does so remedy or remove said the cause or causes of Default to the satisfaction of the Company, then such notice shall be deemed to have been withdrawn and this Agreement shall continue in full force and effect. If the breach School/Government Supplier does not so remedy or remove the cause or causes of Default within said period of time, then this Agreement may, at the Company's discretion, terminate. School/Government Pool Customers designated within the School/Government Supplier's Pool will be notified that the School/Government Supplier is not cured within sixty (60) days, remedies may include specific performance, in Default and will return to Company's Sales Service as soon as possible unless provisions have been made by such customers to immediately enroll with a different school/government supplier. Any termination or cancellation of this Agreement, damagespursuant to this Article 7 shall be without waiver of any remedy, and any other relief allowed by law. Should whether at law or in equity, to which the party not in Default otherwise may be entitled for breach of this Agreement be properly terminated, the Developer if terminated prior to meeting all of the Developer’s obligations under Sections 2 – 4), or the Town if the Developer’s License Agreement had previously terminated under Section 4.b hereof, shall remove at its sole cost and expense the Ditch Crossing and all structures necessary to return the SBCC Pipeline and the Ditch Company Property to a condition which, at a minimum, is equivalent to the condition of the SBCC Pipeline and the Ditch Company Property prior to the initiation of Construction and reasonably acceptable to the Ditch CompanyAgreement. In the event of such terminationthat School/Government Supplier files a petition for relief under the federal bankruptcy laws, all relevant portions of this Agreement shall survive termination of or School/Government Supplier's creditors file an involuntary bankruptcy petition, during the Agreement until such time as the Ditch Crossing and structures are removed and the condition of the SBCC Pipeline and the Ditch Company Property is restored. The Developer or the Town may, at any time unrelated to termination, remove the Ditch Crossing and restore the SBCC Pipeline and Ditch Company Property at no cost to the Ditch Company prior to termination of the License Agreement. However, the removal of the Ditch Crossing and restoration of the SBCC Pipeline and Ditch Company Property, whether due to termination of this Agreement or otherwise, shall be subject to all provisions term of this Agreement, including but and this Agreement has not limited been terminated for non-delivery of gas supplies, then School/Government Supplier shall cause a notice to Sections 2 and 3 hereof, similar to be filed with the original Constructionfederal bankruptcy court having jurisdiction, and within five (5) days of the bankruptcy court's issuance of an order for relief shall require prior approval take all actions necessary to declare its intentions with regard to assuming or rejecting this Agreement. Failure to file and take the required action within said five (5) day period would constitute notice that School/Government Supplier intends to reject this Agreement. If this Agreement is terminated due to non-delivery of supplies by the Ditch School/Government Supplier, or if Company regarding any necessary plans or specificationsis notified of School/Government Supplier's intention to reject this Agreement in accordance with federal bankruptcy laws, then Company shall notify School/Government Supplier's School/Government Pool Customers of such termination and shall return all of School/Government Supplier's School/Government Pool Customers to Company's Sales Service as soon as possible. Company shall also immediately determine whether or not adversely affect any interstate pipeline capacity previously assigned to School/Government Supplier must be recalled, based upon a determination of its necessity for service to such customers. School/Government Supplier shall remain responsible for the Ditch Company Rights. Any costs incurred by difference between the Ditch Company associated with the removal market value of the Ditch Crossing assigned pipeline capacity and restoration the full demand charges applicable to such capacity until the earliest normal expiration date of the SBCC Pipeline and Ditch Company Property shall be reimbursed by the entity doing the work (Developer or Town) pursuant to Section 8, aboveAgreement.