Rights of Non-Defaulting Party. Except as set forth herein, a party not in default under this Agreement shall have all rights and remedies provided by law or equity, including without limitation damages, specific performance, or writs to compel performance or require action consistent with this Agreement.
Rights of Non-Defaulting Party. 12.2.1 If an Event of Default as set forth in this Article 12 with respect to a Defaulting Party shall have occurred and be continuing, the other Party (the “Non- Defaulting Party”) shall have the right to notify the Defaulting Party and
(i) designate a day, no earlier than the day such notice is effective and no later than twenty (20) days after such notice is effective as an early termination date of this Agreement, and/or (ii) withhold any payments due to the Defaulting Party under this Agreement, and/or (iii) suspend performance.
12.2.2 Upon an Event of Default, the Non-Defaulting Party, in addition to the rights described in specific sections of this Agreement, and except to the extent specifically limited by this Agreement, may exercise, at its election, any rights or remedies it may have at law or in equity, including but not limited to monetary compensation for damages, injunctive relief and specific performance.
Rights of Non-Defaulting Party. (a) When an Event of Default exists, the Non-Defaulting Party shall have the right to: (i) cause termination, liquidation, or acceleration of this Agreement, in whole or with respect to MMC, effective five (5) Business Days after receipt by the Defaulting Party of a Termination (Default) Notice by the Non-Defaulting Party (the “Default Termination Date”); (ii) suspend performance under this Agreement; (iii) withhold any payments due to the Defaulting Party under this Agreement; (iv) net, setoff, or recoup termination values, payment amounts or other transfer obligations arising under or in connection with this Agreement, including with respect to any Transaction; and/or (v) pursue any other remedy at law, in equity, or as provided under this Agreement. The Termination (Default) Notice shall specify in reasonable detail the circumstances giving rise to the Termination (Default) Notice.
(b) Notwithstanding the foregoing: (i) MMC has the right to terminate this Agreement, in whole or with respect either Facility, immediately in the case of the default under Section 10.1(c) or 10.1(d), pursuant to a Termination (Default) Notice; and (ii) Energy Manager has the right to terminate this Agreement, in whole or with respect to MMC, immediately in the case of default under Section 10.1(c) or 10.1(d) pursuant to a Termination (Default) Notice. Such Termination (Default) Notice shall not delay the Default Termination Date. [***] Confidential information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a confidential treatment request. EXECUTION COPY
Rights of Non-Defaulting Party. Notwithstanding any other provision of this Agreement, in the event of a Default, the Non-Defaulting Party may do any of the following:
(a) pursue any remedy available to it in law or in equity, it being acknowledged by the Parties that specific performance, injunctive relief (mandatory or otherwise) or other equitable relief may be the only adequate remedy for a Default;
(b) waive the Default provided, however, that a waiver of any particular Default will not operate as a waiver of any subsequent or continuing Default; or
(c) immediately terminate this Agreement by delivering notice in writing to that effect to the Defaulting Party.
Rights of Non-Defaulting Party. Upon the occurrence of any event of default pursuant to section 20.01 and the applicable grace periods having expired, either Owner or Operator may, without prejudice to any other recourse at law or in equity which it may have, give to the other party notice of its intention to terminate this Agreement after the expiration of a period of 30 days from the date of such notice and, upon the expiration of such period, the term of this Agreement shall expire unless such default has been cured within such 30 day period.
Rights of Non-Defaulting Party. If this JVA is terminated pursuant to Article 23.1, then notwithstanding any other provision of this JVA, the Party who has not caused or suffered the Event of Default (the “Non-Defaulting Party”) shall be entitled, at its option (exercisable in writing), to elect to: (i) purchase the Shares of the Party who caused the Event of Default (the “Defaulting Party”); (ii) sell its Shares to the Defaulting Party; or (iii) dissolve and liquidate the JVC.
(a) In the event that the Non-Defaulting Party elects to purchase all of the Shares held by the Defaulting Party, the Defaulting Party shall, within forty-five (45) days of receipt of notice of such election, sell such Shares to the Non-Defaulting Party. The price for the Shares to be purchased by the Non-Defaulting Party shall be the Fair Market Value of such Shares. Initials of Authorized Representative of ARI Member Initials of Authorized Representative of AMTEK Member
(b) In the event the Non-Defaulting Party elects to sell all of its Shares to the Defaulting Party, the Defaulting Party shall, within forty-five (45) days of receipt of notice of such election, acquire such Shares from the Non-Defaulting Party. The price for the Shares to be purchased by the Defaulting Party shall be the Fair Market Value of such Shares.
(c) In the event that the Non-Defaulting Party elects the dissolution and liquidation of the JVC, the Parties shall, within forty-five (45) days of receipt of notice of such election, exercise their voting rights as Shareholders to cause the JVC to be dissolved and liquidated. All transfer of Shares under this Article 23.2, if elected by the Non-Defaulting Party, shall be completed in accordance with the provisions of Article 16. The price of the Shares to be purchased and sold pursuant to this Article 23.2 shall be determined within thirty (30) days of the election by the Non-Defaulting Party, be communicated in writing to both Parties (including the data, methodology and analysis used in the valuation) and shall be final and binding on the Parties. All costs related to the determination of such price of the Shares to be purchased and sold pursuant to this Article 23.2(including expenses relating to the application or reconciliation to Indian GAAP, where required) and all other costs and expenses relating to the sale or acquisition of the Shares pursuant to this Article 23.2, including any registration, transfer and stamp fees, shall be borne entirely by the Defaulting Party. The forty–five (45...
Rights of Non-Defaulting Party. A non-defaulting Party entitled to terminate this Agreement pursuant to Section 16.2 may give to the other Party (the Operator in the case of a defaulting Owner, or the Owner in the case of a defaulting Operator) notice electing to terminate this Agreement on the terms and subject to the conditions set forth in Section 16.5, and, subject to Section 16.4, ( ) days after the giving of such notice this Agreement shall terminate.
Rights of Non-Defaulting Party. 14.3.1 On occurrence of an Event of Default, the Non-Defaulter shall have the right (subject to Section 18.3.4) to: (i) exclude the Defaulter from further participation in the Joint Venture and in the management and control thereof and may take over its interest under this Agreement without releasing the Defaulter from its obligation to bear its share of Net Losses, or (ii) terminate the Joint Venture and do all thing necessary to wind up the affairs of the Joint Venture, including the completion of the Project. The Non-Defaulter shall have the opportunity to assume the responsibilities of the Defaulter under this Agreement without incurring liability of any kind to the Defaulter for the Net Profit earned after the Event of Default. No share in any Distributable Cash shall be payable to the Defaulter before completion of the Project and the collection of all receipts and the payment of all Obligations.
Rights of Non-Defaulting Party. When an Event of Default exists, the Party not in default (the "Non-Defaulting Party") shall have the right:
(a) To terminate this Agreement in accordance with the provisions in Section 6.4 and/or:
(b) To pursue any other remedy provided under this and/or;
(c) To suspend Scheduling, receipt and/or delivery of Power hereunder.
Rights of Non-Defaulting Party. When a Default exists, the party not ------------------------------ in Default ("Non-Defaulting Party") shall have the right to (i) terminate this Agreement in accordance with Paragraph 24.c below, (ii) pursue any other remedy provided under this Agreement or available at law or in equity, and (iii) suspend performance of its obligations hereunder. Said remedies, are intended to be cumulative and the non- defaulting Party shall be entitled to pursue simultaneously any one or more of said remedies.
