Common use of Remedies for Other Defaults Clause in Contracts

Remedies for Other Defaults. On the occurrence of a Default Event other than a Payment Default, the Non-Defaulting Party may (A) at any time during the continuation of the Default Event, terminate this Agreement or suspend its performance of its obligations under this Agreement, upon five (5) days prior written notice to the Defaulting Party, and (B) pursue any remedy under this Agreement, at law or in equity, including an action for damages. Nothing herein shall limit either Party’s right to collect damages upon the occurrence of a breach or a default by the other Party that does not become a Default Event. If Lessee terminates this contract without cause prior to System installation a five thousand dollar ($5,000) design cancellation fee shall also apply in addition to any other remedy available to Lessor.

Appears in 6 contracts

Samples: Solar Equipment Lease Agreement, Solar Equipment Lease Agreement, Solar Equipment Lease Agreement

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Remedies for Other Defaults. On the occurrence of a Default Event other than a Payment Default, the Non-Defaulting Party may (A) at any time during the continuation of the Default Event, terminate this Agreement or suspend its performance of its obligations under this Agreement, upon five (5) days prior written notice to the Defaulting Party, and (B) pursue any remedy under this Agreement, at law or in equity, including an action for damages. Nothing herein shall limit either Party’s right to collect damages upon the occurrence of a breach or a default by the other Party that does not become a Default Event. If Lessee Purchaser terminates this contract without cause prior to commencement of System installation a five thousand dollar ($5,000) design cancellation fee shall also apply in addition to any other remedy available to LessorSeller.

Appears in 4 contracts

Samples: Solar Power Purchase Agreement, Solar Power Purchase Agreement, Solar Power Purchase Agreement

Remedies for Other Defaults. On the occurrence of a Default Event other than a Payment Default, the Non-Defaulting Party may (A) pursue any remedy under this Agreement, at any time during the continuation law or in equity, including an action for damages and termination of the Default Event, terminate this Agreement or suspend its suspension of performance of its obligations under this Agreement, upon five (5) days prior written notice to the Defaulting Party, and (B) pursue any remedy under this Agreement, at law or in equity, including an action for damagesParty following the occurrence of the Default Event. Nothing herein shall limit either Party’s right to collect damages upon the occurrence of a breach or a default by the other Party that does not become a Default Event. If Lessee Purchaser terminates this contract without cause prior to System installation Installation a five thousand dollar ($5,000) 5,000 design cancellation fee shall also apply in addition to any other remedy available to LessorSeller.

Appears in 3 contracts

Samples: Solar Power Purchase Agreement, Performance Guarantee Agreement, Solar Power Purchase Agreement

Remedies for Other Defaults. On the occurrence of a Default Event other than a Payment Default, the Non-Non- Defaulting Party may (A) at any time during the continuation of the Default Event, terminate this Agreement or suspend its performance of its obligations under this Agreement, upon five fourteen (514) days prior written notice to the Defaulting Party, and (B) pursue any remedy under this Agreement, at law or in equity, including an action for damages. Nothing herein shall limit either Party’s right to collect damages upon the occurrence of a breach or a default by the other Party that does not become a Default Event. If Lessee Purchaser terminates this contract without cause prior to commencement of System installation a five thousand dollar ($5,000) design cancellation fee shall also apply in addition to any other remedy available to LessorSeller.

Appears in 2 contracts

Samples: Solar Power Purchase Agreement, Solar Power Purchase Agreement

Remedies for Other Defaults. On the occurrence of a Default Event other than a Payment Default, the Non-Defaulting Party may (A) at any time during the continuation of the Default Event, terminate this Agreement or suspend its performance of its obligations under this Agreement, upon five (5) days prior written notice to the Defaulting Party, and (B) pursue any remedy under this Agreement, at law or in equity, including an action for damages. Nothing herein shall limit either Party’s right to collect damages upon the occurrence of a breach or a default by the other Party that does not become a Default Event. If Lessee Purchaser terminates this contract without cause prior to commencement of System installation a five thousand dollar ($5,000) design cancellation fee installation, Purchaser shall also apply be responsible for all direct costs, indirect costs, overheads, and mark-ups of costs incurred to that date in addition to any other remedy available to LessorSeller.

Appears in 1 contract

Samples: Solar Power Purchase Agreement

Remedies for Other Defaults. On the occurrence of a Default Event other than a Payment Default, the Non-Defaulting Non‐Defaulting Party may (A) at any time during the continuation of the Default Event, terminate this Agreement or suspend its performance of its obligations under this Agreement, upon five (5) days prior written notice to the Defaulting Party, and (B) pursue any remedy under this Agreement, at law or in equity, including an action for damages. Nothing herein shall limit either Party’s right to collect damages upon the occurrence of a breach or a default by the other Party that does not become a Default Event. If Lessee Purchaser terminates this contract without cause prior to commencement of System installation installation, a five thousand dollar five‐thousand ($5,000) design cancellation fee shall also apply in addition to any other remedy available to Lessorincurred costs.

Appears in 1 contract

Samples: Solar Power Purchase Agreement

Remedies for Other Defaults. On the occurrence of a Default Event other than a Payment Default, the Non-Non- Defaulting Party may (A) at any time during the continuation of the Default Event, terminate this Agreement or suspend its performance of its obligations under this Agreement, upon five (5) days prior written notice to the Defaulting Party, and (B) pursue any remedy under this Agreement, at law or in equity, including an action for damages. Nothing herein shall limit either Party’s right to collect damages upon the occurrence of a breach or a default by the other Party that does not become a Default Event. If Lessee Purchaser terminates this contract without cause prior to commencement of System installation installation, a five thousand dollar ($5,000) design cancellation fee shall also apply in addition to any other remedy available to LessorSeller.

Appears in 1 contract

Samples: Solar Power Purchase Agreement

Remedies for Other Defaults. On the occurrence of a Default Event other than a Payment Default, the Non-Non- Defaulting Party may (A) at any time during the continuation of the Default Event, terminate this Agreement or suspend its performance of its obligations under this Agreement, upon five (5) days prior written notice to the Defaulting Party, and (B) pursue any remedy under this Agreement, at law or in equity, including an action for damages. Nothing herein shall limit either Party’s right to collect damages upon the occurrence of a breach or a default by the other Party that does not become a Default Event. If Lessee Purchaser terminates this contract without cause prior to commencement of System installation a twenty-five thousand dollar ($5,00025,000) design cancellation fee shall also apply in addition to any other remedy available to LessorSeller.

Appears in 1 contract

Samples: Solar Power Purchase Agreement

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Remedies for Other Defaults. On the occurrence of a Default Event other than a Payment Default, the Non-Non- Defaulting Party may (A) at any time during the continuation of the Default Event, terminate this Agreement or suspend its performance of its obligations under this Agreement, upon five (5) days prior written notice to the Defaulting Party, and (B) pursue any remedy under this Agreement, at law or in equity, including an action for damages. Nothing herein shall limit either Party’s right to collect damages upon the occurrence of a breach or a default by the other Party that does not become a Default Event. If Lessee Purchaser terminates this contract without cause prior to commencement of System installation a five thousand dollar ($5,000) design cancellation fee shall also apply in addition to any other remedy available to LessorSeller.

Appears in 1 contract

Samples: Solar Power Purchase Agreement

Remedies for Other Defaults. On the occurrence of a Default Event other than a Payment Default, the Non-Defaulting Party may (A) at any time during the continuation of the Default Event, terminate this Agreement or suspend its performance of its obligations under this Agreement, upon five (5) days prior written notice to the Defaulting Party, and (B) pursue any remedy under this Agreement, at law or in equity, including an action for damages. Nothing herein shall limit either Party’s right to collect damages upon the occurrence of a breach or a default by the other Party that does not become a Default Event. If Lessee Purchaser terminates this contract without cause prior to commencement of System installation a five thousand dollar ($5,000) design cancellation fee installation, Purchaser shall also apply be responsible for all direct costs, indirect costs, overheads, and xxxx-ups of costs incurred to that date in addition to any other remedy available to LessorSeller.

Appears in 1 contract

Samples: Solar Power Purchase Agreement

Remedies for Other Defaults. On the occurrence of a Default Event other than a Payment Default, the Non-Defaulting Party may (A) pursue any remedy under this Agreement, at any time during the continuation law or in equity, including an action for damages and termination of the Default Event, terminate this Agreement or suspend its suspension of performance of its obligations under this Agreement, upon five (5) days prior written notice to the Defaulting Party, and (B) pursue any remedy under this Agreement, at law or in equity, including an action for damagesParty following the occurrence of the Default Event. Nothing herein shall limit either Party’s right to collect damages upon the occurrence of a breach or a default by the other Party that does not become a Default Event. If Lessee Purchaser terminates this contract without cause prior to System installation a five thousand dollar ($5,000) design cancellation fee shall also apply in addition to any other remedy available to LessorSeller.

Appears in 1 contract

Samples: Solar Power Purchase Agreement

Remedies for Other Defaults. On the occurrence of a Default Event other than a Payment Default, the Non-Defaulting Party may (A) at any time during the continuation of the Default Event, terminate this Agreement or suspend its performance of its obligations under this Agreement, upon five ten (510) days prior written notice to the Defaulting Party, and (B) pursue any remedy under this Agreement, at law or in equity, including an action for damages. Nothing herein shall limit either Party’s right to collect damages upon the occurrence of a breach or a default by the other Party that does not become a Default Event. If Lessee Purchaser terminates this contract without cause prior to commencement of System installation installation, a five forty thousand dollar dollars ($5,00040,000) design cancellation fee shall also apply in addition to any other remedy available to LessorSeller.

Appears in 1 contract

Samples: Solar Power Purchase Agreement

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