Right to Terminate Agreement. 14.1. In addition to any other remedy of Buyer under law or provided under this Agreement, Buyer shall have the right at its election to terminate this Agreement upon twenty (20) Days written notice to Seller if Seller for any reason other than: (i) Force Majeure, (ii) Buyer's failure to take, or (iii) failure by Buyer to pay any Undisputed Amounts, fails, over a period of at least sixty (60) Days, to deliver an average of ninety percent (90%) of the agreed quantity, and provided further, that such failure occurred not more than one hundred forty (140) Days immediately preceding the giving of such notice of termination. Seller shall have twenty (20) Days after receipt of such cancellation notice to cure any failure, in which case Buyer's cancellation is null and void, and this Agreement shall remain in full force and effect. 14.2. In addition to the other remedies of Seller under law or provided under this Agreement, Seller shall have the right at its election to terminate this Agreement upon twenty (20) Days written notice to Buyer if Buyer for any reason other than: (i) Force Majeure, (ii) Seller's failure to deliver, or (iii) failure by Seller to pay any Undisputed Amounts, fails, over a period of at least sixty (60) Days, to take a volume of Gas not less than an average of ninety percent (90%) of the agreed quantity, and provided further, that such failure occurred not more than one hundred forty (140) Days immediately preceding the giving of such notice of termination. Buyer shall have twenty (20) Days after receipt of such cancellation notice to cure any failure, in which case Seller's cancellation is null and void, and this Agreement shall remain in full force and effect.
Appears in 3 contracts
Samples: Long Term Gas Agreement (Midland Cogeneration Venture Limited Partnership), Long Term Gas Agreement (Midland Cogeneration Venture Limited Partnership), Long Term Gas Agreement (Midland Cogeneration Venture Limited Partnership)
Right to Terminate Agreement. 14.1. In addition to any other remedy of Buyer under law or provided under this Agreement, Buyer shall have the right at its election to terminate this Agreement upon twenty (20) Days written notice to Seller if Seller for any reason other than: (i) Force MajeureMajeure with a duration of less than six (6) months, (ii) Buyer's failure to take, or (iii) failure by Buyer to pay any Undisputed Amounts, fails, over a period of at least sixty (60) Days, to deliver an average of ninety percent (90%) of the agreed quantity, and provided further, that such failure occurred not more than one hundred forty (140) Days immediately preceding the giving of such notice of termination. Seller shall have twenty (20) Days after receipt of such cancellation notice to cure any failure, in which case Buyer's cancellation is null and void, and this Agreement shall remain in full force and effect.
14.2. In addition to the other remedies of Seller under law or provided under this Agreement, Seller shall have the right at its election to terminate this Agreement upon twenty (20) Days written notice to Buyer if Buyer for any reason other than: (i) Force MajeureMajeure with a duration of less than six (6) months, (ii) Seller's failure to deliver, or (iii) failure by Seller to pay any Undisputed Amounts, fails, over a period of at least sixty (60) Days, to take a volume of Gas not less than an average of ninety percent (90%) of the agreed quantity, and provided further, that such failure occurred not more than one hundred forty (140) Days immediately preceding the giving of such notice of termination. Buyer shall have twenty (20) Days after receipt of such cancellation notice to cure any failure, in which case Seller's cancellation is null and void, and this Agreement shall remain in full force and effect.
14.3. Notwithstanding Section 21.1.3, in the event of an on-going Force Majeure continuing six (6) months or longer, in addition to any other remedy under law or provided under this Agreement, then such event of Force Majeure may be treated as an Event of Default, and the Party who did not claim such Force Majeure shall have the additional rights of a Non-Defaulting Party as enumerated under Section 21.2.
Appears in 1 contract
Samples: Long Term Gas Agreement (Midland Cogeneration Venture Limited Partnership)
Right to Terminate Agreement. 14.1. In addition to any other remedy of Buyer under law or provided under this Agreement, Buyer shall have the right at its election to terminate this Agreement upon twenty (20) Days written notice to Seller if Seller for any reason other than: (i) Force MajeureMajeure with a duration of less than sixty (60) days, (ii) Buyer's failure to take, or (iii) failure by Buyer to pay any Undisputed Amounts, fails, over a period of at least sixty (60) Days, to deliver an average of ninety percent (90%) of the agreed quantity, and provided further, that such failure occurred not more than one hundred forty (140) Days immediately preceding the giving of such notice of termination. Seller shall have twenty (20) Days after receipt of such cancellation notice to cure any failure, in which case Buyer's cancellation is null and void, and this Agreement shall remain in full force and effect.
14.2. In addition to the other remedies of Seller under law or provided under this Agreement, Seller shall have the right at its election to terminate this Agreement upon twenty (20) Days written notice to Buyer if Buyer for any reason other than: (i) Force MajeureMajeure with a duration of less than sixty (60) days, (ii) Seller's failure to deliver, or (iii) failure by Seller to pay any Undisputed Amounts, fails, over a period of at least sixty (60) Days, to take a volume of Gas not less than an average of ninety percent (90%) of the agreed quantity, and provided further, that such failure occurred not more than one hundred forty (140) Days immediately preceding the giving of such notice of termination. Buyer shall have twenty (20) Days after receipt of such cancellation notice to cure any failure, in which case Seller's cancellation is null and void, and this Agreement shall remain in full force and effect.
14.3. Notwithstanding Section 21.1.3, in the event of an on-going Force Majeure continuing sixty (60) days or longer, in addition to any other remedy under law or provided under this Agreement, then such event of Force Majeure may be treated as an Event of Default, and the Party who did not claim such Force Majeure shall have the additional rights of a Non-Defaulting Party as enumerated under Section 21.2.
Appears in 1 contract
Samples: Long Term Gas Agreement (Midland Cogeneration Venture Limited Partnership)
Right to Terminate Agreement. 14.1. In addition to any other remedy of Buyer under law or provided under this Agreement, Buyer shall have the right at its election to terminate this Agreement upon twenty (20) Days written notice to Seller if Seller for any reason other than: (i) Force Majeure, (ii) Buyer's failure to take, or (iii) failure by Buyer to pay any Undisputed Amounts, fails, over a period of at least sixty (60) consecutive Days, to deliver an average of ninety percent (90%) of the agreed quantity, and provided further, that such failure occurred not more than one hundred forty (140) Days immediately preceding the giving of such notice of termination. Seller shall have twenty (20) Days after receipt of such cancellation notice to cure any failure, in which case Buyer's cancellation is null and void, and this Agreement shall remain in full force and effect.
14.2. In addition to the other remedies of Seller under law or provided under this Agreement, Seller shall have the right at its election to terminate this Agreement upon twenty (20) Days written notice to Buyer if Buyer for any reason other than: (i) Force Majeure, (ii) Seller's failure to deliver, or (iii) failure by Seller to pay any Undisputed Amounts, fails, over a period of at least sixty (60) consecutive Days, to take a volume of Gas not less than an average of ninety percent (90%) of the agreed quantity, and provided further, that such failure occurred not more than one hundred forty (140) Days immediately preceding the giving of such notice of termination. Buyer shall have twenty (20) Days after receipt of such cancellation notice to cure any failure, in which case Seller's cancellation is null and void, and this Agreement shall remain in full force and effect.
Appears in 1 contract
Samples: Long Term Gas Agreement (Midland Cogeneration Venture Limited Partnership)
Right to Terminate Agreement. 14.1. In addition to any other remedy of Buyer under law or provided under this Agreement, Buyer shall have the right at its election to terminate this Agreement upon twenty (20) Days written notice to Seller if Seller for any reason other than: (i) Force Majeure, (ii) Buyer's failure to take, or (iii) failure by Buyer to pay any Undisputed Amounts, fails, over a period of at least sixty (60) consecutive Days, to deliver an average of ninety percent (90%) of the agreed quantity, and provided further, that such failure occurred not more than one hundred forty (140) Days immediately preceding the giving of such notice of termination. Seller shall have twenty (20) Days after receipt of such cancellation notice to cure any failurefailure by restoring deliveries of 100% of the agreed quantity on a daily basis thereafter, in which case Buyer's cancellation is null and void, and this Agreement shall remain in full force and effect.
14.2. In addition to the other remedies of Seller under law or provided under this Agreement, Seller shall have the right at its election to terminate this Agreement upon twenty (20) Days written notice to Buyer if Buyer for any reason other than: (i) Force Majeure, (ii) Seller's failure to deliver, or (iii) failure by Seller to pay any Undisputed Amounts, fails, over a period of at least sixty (60) consecutive Days, to take a volume of Gas not less than an average of ninety percent (90%) of the agreed quantity, and provided further, that such failure occurred not more than one hundred forty (140) Days immediately preceding the giving of such notice of termination. Buyer shall have twenty (20) Days after receipt of such cancellation notice to cure any failurefailure by restoring purchases of 100% of the agreed quantity on a daily basis thereafter, in which case Seller's cancellation is null and void, and this Agreement shall remain in full force and effect.
Appears in 1 contract
Samples: Long Term Gas Agreement (Midland Cogeneration Venture Limited Partnership)
Right to Terminate Agreement. 14.1. (A) In addition to any other remedy of Buyer under law or provided under this Agreement, Buyer shall have the right at its election to terminate this Agreement upon twenty (20) Days days written notice to Seller if Seller Seller, for any reason reason, other than: than (i) Force Majeureforce majeure, (ii) Buyer's failure to take, or (iii) a failure by Buyer to pay any Undisputed Amounts, fails, over a period of at least sixty (60) Daysdays, to deliver an average of ninety percent (90%) of the agreed quantity, quantity and provided further, further that such failure occurred not more than one hundred forty (140) Days days immediately preceding the giving of such notice of termination. Seller shall have twenty (20) Days days after receipt of such cancellation notice to cure any failure, failure in which case Buyer's cancellation is null and void, void and this Agreement shall remain in full force and effect.
14.2. (B) In addition to the other remedies of Seller under law or provided under this Agreement, Seller shall have the right at its election to terminate this Agreement upon twenty (20) Days days written notice to Buyer if Buyer Buyer, for any reason reason, other than: than (i) Force Majeureforce majeure, (ii) Seller's failure to 14 deliver, or (iii) a failure by Seller to pay any Undisputed Amounts, fails, over a period of at least sixty (60) Daysdays, to take a volume of Gas gas not less than an average of ninety percent (90%) of the agreed quantity, and provided further, further that such failure occurred not more than one hundred forty (140) Days days immediately preceding the giving of such notice of termination. Buyer shall have twenty (20) Days days after receipt of such cancellation notice to cure any failure, failure in which case Seller's cancellation is null and void, void and this Agreement shall remain in full force and effect.
Appears in 1 contract
Samples: Gas Sales Agreement (Midland Cogeneration Venture Limited Partnership)