Common use of Remedies for Event of Default Clause in Contracts

Remedies for Event of Default. If at any time an Event of Default with respect to a Defaulting Party has occurred and is continuing, the other Party (the "Non-Defaulting Party") shall, without limiting the rights or remedies available to the Non-Defaulting Party under this Agreement, applicable law or in equity, have the right: (a) by notice to the Defaulting Party, to designate a date, not earlier than the date of such notice and not later than ten (10) Business Days after such date, as an early termination date ("Early Termination Date") in respect of this Agreement; (b) to withhold any payments due to the Defaulting Party under this Agreement until such Event of Default is resolved; and (c) to suspend performance due to the Defaulting Party under this Agreement until such Event of Default is resolved. In the event that a Host Customer Event of Default has occurred or is ongoing under Article 12 of this Agreement, assignment of Green Attributes to Host Customer shall be deemed revoked and System Owner shall retain title to and control of all Output and Green Attributes until such Event of Default is remedied; and pending such remedy, any Output received by Host Customer shall be paid to System Owner at the greater of $0.099 per kilowatt hour or the monthly portion of the Annual Service Price set forth on Exhibit C. In the event that the Non-Defaulting Party designates an Early Termination Date, this Agreement will terminate as of the Early Termination Date. Any Host Customer remedies in the event of a System Owner default are subject to Lender cure rights as set forth in Section 18.3.

Remedies for Event of Default. If at any time (a) Upon the occurrence and during the continuance of an Event of Default with respect to a Party (the “Defaulting Party has occurred and is continuingParty”), the other Party Parties (the "“Non-Defaulting Party"”) shall, without limiting may in their sole discretion do any or all of the rights or remedies available to following: (i) notify the Non-Defaulting Party under this Agreement, applicable law or in equity, have the right: of an early termination date (a) by notice to the Defaulting Party, to designate a date, not which shall be no earlier than the date of such notice and not later than ten notice) on which the obligation to sell or purchase Concentrate under this Agreement (10with respect to such Non-Defaulting Party) Business Days after such date, as an early termination date shall terminate ("the “Early Termination Date"”), (ii) in respect of this Agreement; (b) to withhold any payments due to the Defaulting Party until such Event of Default is cured, (iii)subject to the Intercreditor Agreements, direct the Collateral Agents to realize upon all or any part of the Security, or (iv) suspend performance of its obligations under this Agreement until such Event of Default is resolved; and (c) to suspend performance due to the Defaulting Party cured. If a notice of an Early Termination Date is given under this Agreement until such Section 15.4(a), the Early Termination Date will occur on the designated date, whether or not the relevant Event of Default is resolvedthen continuing. In the event that of a Host Customer Seller Event of Default has occurred or is ongoing under Article 12 pursuant to Section 15.2(b) where Applicable Laws of this Agreementinsolvency provide for an automatic stay of termination of contracts, assignment of Green Attributes to Host Customer the Early Termination Date shall be deemed revoked and System Owner shall retain title to and control of all Output and Green Attributes until have occurred on the Business Day prior to such Event of Default is remedied; and pending such remedy, any Output received by Host Customer shall be paid to System Owner at the greater of $0.099 per kilowatt hour or the monthly portion of the Annual Service Price set forth on Exhibit C. In the event that the Non-Defaulting Party designates an Early Termination Date, this Agreement will terminate as of the Early Termination Date. Any Host Customer remedies in the event of a System Owner default are subject to Lender cure rights as set forth in Section 18.3Insolvency Event.