Common use of Remedies; Termination Clause in Contracts

Remedies; Termination. Upon an Event of Default, the non-defaulting Party shall notify the other Party thereof and shall have available all remedies set forth in this Agreement. Without limiting the foregoing, if an Event of Default occurs and is not waived, the non-defaulting Party may immediately terminate or suspend performance under this Agreement by promptly thereafter delivering written notice thereof to the other Party. The defaulting Party shall be responsible for any other costs and expenses (including, without limitation, reasonable attorneys’ fees and disbursements) incurred by the non-defaulting Party in connection with an Event of Default.

Appears in 8 contracts

Samples: Off Take Agreement (Lincolnway Energy, LLC), Off Take Agreement (Lincolnway Energy, LLC), Off Take Agreement (Lincolnway Energy, LLC)

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Remedies; Termination. Upon an Event of Default, the non-defaulting Party shall notify the other Party thereof and shall have available all remedies set forth in this Agreement. Without limiting the foregoing, if an Event of Default occurs and is not waived, the non-defaulting Party may immediately terminate or suspend performance under this Agreement by promptly thereafter delivering written notice thereof to the other Party. The defaulting Party shall be responsible for any other costs and expenses (including, without limitation, reasonable attorneys’ fees and disbursements) incurred by the non-defaulting Party in connection with an Event of Default. * Portion omitted pursuant to request for confidential treatment filed separately with the Securities and Exchange Commission.

Appears in 1 contract

Samples: Take Agreement (Lincolnway Energy, LLC)

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