Right to Terminate and Disconnect. 19.3.1. Subject to section 19.3.2, where an Event of Default has not been remedied prior to the expiry of the applicable Cure Period, including in accordance with section 19.2.3, the Non-defaulting Party may, without prejudice to its other rights and remedies as provided for in this Agreement or at law or in equity, terminate this Agreement by written notice to the Defaulting Party. Such termination shall take effect: (a) in the case of a Non-financial Default, on the date on which the termination notice is delivered to the Defaulting Party; or (b) in the case of a Financial Default, on the date that is seven business days from the date on which the termination notice is delivered to the Defaulting Party. 19.3.2. The Transmitter may not terminate this Agreement under section 19.3.1 or, subject to section 19.3.5, disconnect the Customer=s facilities under section 19.3.3 in relation to an Event of Default by the Customer where the issue of the Customer=s default has been referred to the dispute resolution process referred to in section 17 and the dispute has not been finally resolved. 19.3.3. The Transmitter may disconnect all of the Customer=s facilities at all applicable connection points on or after the date on which this Agreement terminates under section 19.3.1. 19.3.4. Section 20.5 shall apply in relation to the disconnection of the Customer=s facilities under section 19.3.3. 19.3.5. Nothing in this section 19 shall prevent the Transmitter from: (a) disconnecting the Customer=s facilities where permitted by section 20.3.1, even if the Customer is a Defaulting Party at the relevant time; or (b) immediately disconnecting the Customer=s facilities where the Transmitter reasonably believes that a Non-financial Default by the Customer is having or will have a material adverse effect on the Transmitter=s transmission system or on a third party.
Appears in 3 contracts
Samples: Connection Agreement, Connection Agreement, Connection Agreement
Right to Terminate and Disconnect. 19.3.1. Subject to section 19.3.2, where an Event of Default has not been remedied prior to the expiry of the applicable Cure Period, including in accordance with section 19.2.3, the Non-defaulting Party may, without prejudice to its other rights and remedies as provided for in this Agreement or at law or in equity, terminate this Agreement by written notice to the Defaulting Party. Such termination shall take effect:
(a) in the case of a Non-financial Default, on the date on which the termination notice is delivered to the Defaulting Party; or
(b) in the case of a Financial Default, on the date that is seven business days from the date on which the termination notice is delivered to the Defaulting Party.
19.3.2. The Transmitter may not terminate this Agreement under section 19.3.1 or, subject to section 19.3.5, disconnect the Customer=s ’s facilities under section 19.3.3 in relation to an Event of Default by the Customer where the issue of the Customer=s ’s default has been referred to the dispute resolution process referred to in section 17 and the dispute has not been finally resolved.
19.3.3. The Transmitter may disconnect all of the Customer=s ’s facilities at all applicable connection points on or after the date on which this Agreement terminates under section 19.3.1.
19.3.4. Section 20.5 shall apply in relation to the disconnection of the Customer=s ’s facilities under section 19.3.3.
19.3.5. Nothing in this section 19 shall prevent the Transmitter from::
(a) disconnecting the Customer=s ’s facilities where permitted by section 20.3.121.3.1, even if the Customer is a Defaulting Party at the relevant time; or
(b) immediately disconnecting the Customer=s ’s facilities where the Transmitter reasonably believes that a Non-financial Default by the Customer is having or will have a material adverse effect on the Transmitter=s ’s transmission system or on a third party.
Appears in 3 contracts
Samples: Connection Agreement, Connection Agreement, Connection Agreement
Right to Terminate and Disconnect. 19.3.1. Subject to section 19.3.2, where an Event of Default has not been remedied prior to the expiry of the applicable Cure Period, including in accordance with section 19.2.3, the Non-defaulting Party may, without prejudice to its other rights and remedies as provided for in this Agreement or at law or in equity, terminate this Agreement by written notice to the Defaulting Party. Such termination shall take effect:
(a) in the case of a Non-financial Default, on the date on which the termination notice is delivered to the Defaulting Party; or
(b) in the case of a Financial Default, on the date that is seven business days from the date on which the termination notice is delivered to the Defaulting Party.
19.3.2. The Transmitter may not terminate this Agreement under section 19.3.1 or, subject to section 19.3.5, disconnect the Customer=s ’s facilities under section 19.3.3 in relation to an Event of Default by the Customer where the issue of the Customer=s ’s default has been referred to the dispute resolution process referred to in section 17 and the dispute has not been finally resolved.
19.3.3. The Transmitter may disconnect all of the Customer=s ’s facilities at all applicable connection points on or after the date on which this Agreement terminates under section 19.3.1.
19.3.4. Section 20.5 shall apply in relation to the disconnection of the Customer=s ’s facilities under section 19.3.3.
19.3.5. Nothing in this section 19 shall prevent the Transmitter from:
(a) disconnecting the Customer=s ’s facilities where permitted by section 20.3.1, even if the Customer is a Defaulting Party at the relevant time; or
(b) immediately disconnecting the Customer=s ’s facilities where the Transmitter reasonably believes that a Non-financial Default by the Customer is having or will have a material adverse effect on the Transmitter=s ’s transmission system or on a third party.
Appears in 2 contracts
Samples: Connection Agreement, Connection Agreement
Right to Terminate and Disconnect. 19.3.1. Subject to section 19.3.2, where an Event of Default has not been remedied prior to the expiry of the applicable Cure Period, including in accordance with section 19.2.3, the Non-defaulting Party may, without prejudice to its other rights and remedies as provided for in this Agreement or at law or in equity, terminate this Agreement by written notice to the Defaulting Party. Such termination shall take effect:
(a) in the case of a Non-financial Default, on the date on which the termination notice is delivered to the Defaulting Party; or
(b) in the case of a Financial Default, on the date that is seven business days from the date on which the termination notice is delivered to the Defaulting Party.
19.3.2. The Transmitter may not terminate this Agreement under section 19.3.1 or, subject to section 19.3.5, disconnect the Customer=s ’s facilities under section 19.3.3 in relation to an Event of Default by the Customer where the issue of the Customer=s ’s default has been referred to the dispute resolution process referred to in section 17 and the dispute has not been finally resolved.
19.3.3. The Transmitter may disconnect all of the Customer=s ’s facilities at all applicable connection points on or after the date on which this Agreement terminates under section 19.3.1.
19.3.4. Section 20.5 shall apply in relation to the disconnection of the Customer=s ’s facilities under section 19.3.3.
19.3.5. Nothing in this section 19 shall prevent the Transmitter from::
(a) disconnecting the Customer=s ’s facilities where permitted by section 20.3.1, even if the Customer is a Defaulting Party at the relevant time; or
(b) immediately disconnecting the Customer=s ’s facilities where the Transmitter reasonably believes that a Non-financial Default by the Customer is having or will have a material adverse effect on the Transmitter=s ’s transmission system or on a third party.
Appears in 1 contract
Samples: Connection Agreement
Right to Terminate and Disconnect. 19.3.1. Subject to section 19.3.2, where an Event of Default has not been remedied prior to the expiry of the applicable Cure Period, including in accordance with section 19.2.3, the Non-defaulting Party may, without prejudice to its other rights and remedies as provided for in this Agreement or at law or in equity, terminate this Agreement by written notice to the Defaulting Party. Such termination shall take effect:
(a) in the case of a Non-financial Default, on the date on which the termination notice is delivered to the Defaulting Party; or
(b) in the case of a Financial Default, on the date that is seven business days from the date on which the termination notice is delivered to the Defaulting Party.
19.3.2. The Transmitter may not terminate this Agreement under section 19.3.1 or, subject to section 19.3.5, disconnect the Customer=s facilities under section 19.3.3 in relation to an Event of Default by the Customer where the issue of the Customer=s default has been referred to the dispute resolution process referred to in section 17 and the dispute has not been finally resolved.
19.3.3. The Transmitter may disconnect all of the Customer=s facilities at all applicable connection points on or after the date on which this Agreement terminates under section 19.3.1.
19.3.4. Section 20.5 shall apply in relation to the disconnection of the Customer=s facilities under section 19.3.3.
19.3.5. Nothing in this section 19 shall prevent the Transmitter from: :
(a) disconnecting the Customer=s facilities where permitted by section 20.3.1, even if the Customer is a Defaulting Party at the relevant time; or
(b) immediately disconnecting the Customer=s facilities where the Transmitter reasonably believes that a Non-financial Default by the Customer is having or will have a material adverse effect on the Transmitter=s transmission system or on a third party.
Appears in 1 contract
Right to Terminate and Disconnect. 19.3.1. Subject to section 19.3.2, where an Event of Default has not been remedied prior to the expiry of the applicable Cure Period, including in accordance with section 19.2.3, the Non-defaulting Party may, without prejudice to its other rights and remedies as provided for in this Agreement or at law or in equity, terminate this Agreement by written notice to the Defaulting Party. Such termination shall take effect:
(a) in the case of a Non-financial Default, on the date on which the termination notice is delivered to the Defaulting Party; or
(b) in the case of a Financial Default, on the date that is seven business days from the date on which the termination notice is delivered to the Defaulting Party.
19.3.2. The Transmitter may not terminate this Agreement under section 19.3.1 or, subject to section 19.3.5, disconnect the Customer=s ’s facilities under section 19.3.3 in relation to an Event of Default by the Customer where the issue of the Customer=s ’s default has been referred to the dispute resolution process referred to in section 17 and the dispute has not been finally resolved.
19.3.3. The Transmitter may disconnect all of the Customer=s ’s facilities at all applicable connection points on or after the date on which this Agreement terminates under section 19.3.1.
19.3.4. Section 20.5 shall apply in relation to the disconnection of the Customer=s ’s facilities under section 19.3.3.
19.3.5. Nothing in this section 19 shall prevent the Transmitter from::
(a) disconnecting the Customer=s ’s facilities where permitted by section 20.3.1210.3.1, even if the Customer is a Defaulting Party at the relevant time; or
(b) immediately disconnecting the Customer=s ’s facilities where the Transmitter reasonably believes that a Non-financial Default by the Customer is having or will have a material adverse effect on the Transmitter=s ’s transmission system or on a third party.
Appears in 1 contract
Samples: Connection Agreement