Common use of Remedies Available to the Operator upon Default by Manufacturer Clause in Contracts

Remedies Available to the Operator upon Default by Manufacturer. If the Manufacture shall be in default pursuant to Paragraphs 12.1.1 (a), (b), or (c) of this Agreement, unless such default shall have been caused by any act or failure to act on the part of the Operator or its personnel, including but not limited to the failure of the Operator to have brought the Site into conformance with the Site Plan Specifications, the Operator shall have the right to rescind this agreement by serving written notice ("Notice of Rescission") upon the Manufacturer. In such event, the Manufacturer shall, at its own expense, remove the TCS-1 System not later than forty-five (45) days following its receipt of such Notice of Rescission and all monies theretofore paid by the Operator to the Manufacturer pursuant to Section 4.3, above, shall be returned by the Manufacturer to the Operator.

Remedies Available to the Operator upon Default by Manufacturer. If the Manufacture shall be in default pursuant to Paragraphs 12.1.1 (a), (b), or (c) of this Agreement, unless such default shall have been caused by any act or failure to act on the part of the Operator or its personnel, including but not limited to the failure of the Operator to have brought the Site into conformance with the Site Plan Specifications, the Operator shall have the right to rescind this agreement by serving written notice ("Notice of Rescission") upon the Manufacturer. In such event, the Manufacturer shall, at its own expense, remove the TCS-1 System not later than forty-five one hundred and twenty (45120) days following its receipt of such Notice of Rescission and all monies theretofore paid by the Operator to the Manufacturer pursuant to Section 4.3, above, shall be returned by the Manufacturer to the Operator.

Remedies Available to the Operator upon Default by Manufacturer. If the Manufacture shall be in default pursuant to Paragraphs 12.1.1 (a), (b), or (c) of this Agreement, unless such default shall have been caused by any act or failure to act on the part of the Operator or its personnel, including but not limited to the failure of the Operator to have 195 brought the Site into conformance with the Site Plan Specifications, the Operator shall have the right to rescind this agreement by serving written notice ("Notice of Rescission") upon the Manufacturer. In such event, the Manufacturer shall, at its own expense, remove the TCS-1 System not later than forty-five (45) days following its receipt of such Notice of Rescission and all monies theretofore paid by the Operator to the Manufacturer pursuant to Section 4.3, above, shall be returned by the Manufacturer to the Operator.