Restriction on Termination. (a) SFV agrees that despite anything in the LTESA or the PDA and any rights, powers or remedies it may otherwise have (including at Law), it can and will only: (i) Terminate; or (ii) give any notice which would (or with the expiration of time would) Terminate, the LTESA or the PDA only in reliance on a Termination Event and only as expressly permitted by clause 4.4 (“Termination”). (b) Any actual or purported Termination of the LTESA or the PDA in breach of this clause 4.3 is ineffective. (c) Clause 4.2 (“Cure rights”) and the rest of this clause 4.3 do not apply to any Termination or notice in respect of: (i) clause 15.1 (“Automatic termination”) of the PDA; or (ii) clause [21.1 / 23.1] (“Automatic termination”) or clause [22.3(i) / 23.3(j)] (“amendment or repeal of EII Act”) [or clause 23.4 (“Termination for convenience by SFV”)] of the LTESA.
Appears in 5 contracts
Samples: Long Term Energy Service Agreement and Project Development Agreement, Long Term Energy Service Agreement and Project Development Agreement, Long Term Energy Service Agreement and Project Development Agreement
Restriction on Termination. (a) SFV agrees that despite anything in the LTESA or the PDA and any rights, powers or remedies it may otherwise have (including at Law), it can and will only:
(i) Terminate; or
(ii) give any notice which would (or with the expiration of time would) Terminate, the LTESA or the PDA only in reliance on a Termination Event and only as expressly permitted by clause 4.4 (“Termination”).
(b) Any actual or purported Termination of the LTESA or the PDA in breach of this clause 4.3 is ineffective.
(c) Clause 4.2 (“Cure rights”) and the rest of this clause 4.3 do not apply to any Termination or notice in respect of:
(i) clause 15.1 (“Automatic termination”) of the PDA; or
(ii) clause [21.1 / 23.1] 22.1 (“Automatic termination”) or clause [22.3(i) / 23.3(j)] (“amendment or repeal of EII Act”) [or clause 23.4 (“Termination for convenience by SFV”)] of the LTESA.
Appears in 2 contracts
Samples: Long Term Energy Service Agreement and Project Development Agreement, Long Term Energy Service Agreement and Project Development Agreement
Restriction on Termination. (a) SFV agrees that despite anything in the LTESA or the PDA and any rights, powers or remedies it may otherwise have (including at Law), it can and will only:
(i) Terminate; or
(ii) give any notice which would (or with the expiration of time would) Terminate, the LTESA or the PDA only in reliance on a Termination Event and only as expressly permitted by clause 4.4 (“Termination”).
(b) Any actual or purported Termination of the LTESA or the PDA in breach of this clause 4.3 is ineffective.
(c) Clause 4.2 (“Cure rights”) and the rest of this clause 4.3 do not apply to any Termination or notice in respect of:
(i) clause 15.1 (“Automatic termination”) of the PDA; or
(ii) clause [21.1 / 23.1] 22.1 (“Automatic termination”) or clause [22.3(i) / 23.3(j)] (“amendment or repeal of EII Act”) [or clause 23.4 (“Termination for convenience by SFV”)] of the LTESA.
Appears in 2 contracts
Samples: Long Term Energy Service Agreement and Project Development Agreement, Long Term Energy Service Agreement and Project Development Agreement
Restriction on Termination. (a) SFV agrees that despite anything in the LTESA or the PDA and any rights, powers or remedies it may otherwise have (including at Law), it can and will only:
(i) Terminate; or
(ii) give any notice which would (or with the expiration of time would) Terminate, the LTESA or the PDA only in reliance on a Termination Event and only as expressly permitted by clause 4.4 (“Termination”).
(b) Any actual or purported Termination of the LTESA or the PDA in breach of this clause 4.3 is ineffective.
(c) Clause 4.2 (“Cure rights”) and the rest of this clause 4.3 do not apply to any Termination or notice in respect of:
(i) clause 15.1 [15.1] (“Automatic termination”) of the PDA; or
(ii) clause [21.1 / 23.1] (“Automatic termination”) or clause [22.3(i) / 23.3(j)] (“amendment or repeal of EII Act”) [or clause 23.4 (“Termination for convenience by SFV”)] of the LTESA.
Appears in 1 contract
Samples: Long Term Energy Service Agreement and Project Development Agreement
Restriction on Termination. (a) SFV agrees that despite anything in the LTESA or the PDA and any rights, powers or remedies it may otherwise have (including at Law), it can and will only:
(i) Terminate; or
(ii) give any notice which would (or with the expiration of time would) Terminate, the LTESA or the PDA only in reliance on a Termination Event and only as expressly permitted by clause 4.4 (“Termination”).
(b) Any actual or purported Termination of the LTESA or the PDA in breach of this clause 4.3 is ineffective.
(c) Clause 4.2 (“Cure rights”) and the rest of this clause 4.3 do not apply to any Termination or notice in respect of:
(i) clause 15.1 [15.1] (“Automatic termination”) of the PDA; or
(ii) clause [21.1 / 23.1] (“Automatic termination”) or clause [22.3(i) / 23.3(j)] (“amendment or repeal of EII Act”) [or clause 23.4 [23.4] (“Termination for convenience by SFV”)] ) of the LTESA.
Appears in 1 contract
Samples: Long Term Energy Service Agreement and Project Development Agreement