Seller Event of Default. 19.4.1.1 If a Seller Event of Default has occurred and that Seller Event of Default has not been cured within the period specified in Clause 19.3, the Purchaser, in its sole discretion, may: (a) immediately terminate this Agreement by serving a Termination Notice on the Seller or, alternatively, may serve a Transfer Notice pursuant to Clause Error! Reference source not found.; and/or (b) proceed in accordance with Clause 20 to protect and enforce its rights, to recover any Damages to which it may be entitled (including all costs and expenses reasonably incurred in the exercise of its remedy); and/or (c) retain all or part of the Construction Security and/or the Operations Security provided by the Seller pursuant to Clause 12.4 in full or partial satisfaction of the Damages to which it may be entitled under Clause 19.4.1.1(b) above. 19.4.1.2 These rights and remedies shall not be exclusive but, to the extent permitted by law, shall be cumulative and in addition to all other rights and remedies existing at law, in equity or otherwise, provided that, the Purchaser may only seek to exercise such rights and remedies in accordance with the procedures set forth in Clause 20. 19.4.1.3 The Purchaser may exercise each right and remedy afforded by this Agreement or by law from time to time and as often as may be deemed expedient by the Purchaser. 19.4.1.4 No delay by, or omission of, the Purchaser to exercise any right or remedy arising upon any Seller Event of Default shall impair any such right or remedy or constitute a waiver of such event or an acquiescence thereto.
Appears in 3 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Seller Event of Default. 19.4.1.1 If a Seller Event of Default has occurred and that Seller Event of Default has not been cured within the period specified in Clause 19.3, the Purchaser, in its sole discretion, may:
(a) immediately terminate this Agreement by serving a Termination Notice on the Seller or, alternatively, may serve a Transfer Notice pursuant to Clause Error! Reference source not found.; and/or
(b) proceed in accordance with Clause 20 to protect and enforce its rights, to recover any Damages to which it may be entitled (including all costs and expenses reasonably incurred in the exercise of its remedy); and/or
(c) retain all or part of the Construction Security and/or the Operations Security provided by the Seller pursuant to Clause 12.4 12.3.6.3 in full or partial satisfaction of the Damages to which it may be entitled under Clause 19.4.1.1(b) above.
19.4.1.2 These rights and remedies shall not be exclusive but, to the extent permitted by law, shall be cumulative and in addition to all other rights and remedies existing at law, in equity or otherwise, provided that, the Purchaser may only seek to exercise such rights and remedies in accordance with the procedures set forth in Clause 20.
19.4.1.3 The Purchaser may exercise each right and remedy afforded by this Agreement or by law from time to time and as often as may be deemed expedient by the Purchaser.
19.4.1.4 No delay by, or omission of, the Purchaser to exercise any right or remedy arising upon any Seller Event of Default shall impair any such right or remedy or constitute a waiver of such event or an acquiescence thereto.
Appears in 1 contract
Samples: Power Purchase Agreement
Seller Event of Default. 19.4.1.1 If a Seller Event of Default has occurred and that Seller Event of Default has not been cured within the period specified in Clause 19.3, the Purchaser, in its sole discretion, may:
(a) immediately terminate this Agreement by serving a Termination Notice on the Seller or, alternatively, may serve a Transfer Notice pursuant to Clause Error! Reference source not found.19.4.2.4; and/or
(b) proceed in accordance with Clause 20 to protect and enforce its rights, to recover any Damages to which it may be entitled (including all costs and expenses reasonably incurred in the exercise of its remedy); and/or
(c) retain all or part of the Construction Security and/or the Operations Security provided by the Seller pursuant to Clause 12.4 in full or partial satisfaction of the Damages to which it may be entitled under Clause 19.4.1.1(b) above.
19.4.1.2 These rights and remedies shall not be exclusive but, to the extent permitted by law, shall be cumulative and in addition to all other rights and remedies existing at law, in equity or otherwise, provided that, the Purchaser may only seek to exercise such rights and remedies in accordance with the procedures set forth in Clause 20.
19.4.1.3 The Purchaser may exercise each right and remedy afforded by this Agreement or by law from time to time and as often as may be deemed expedient by the Purchaser.
19.4.1.4 No delay by, or omission of, the Purchaser to exercise any right or remedy arising upon any Seller Event of Default shall impair any such right or remedy or constitute a waiver of such event or an acquiescence thereto.
Appears in 1 contract
Samples: Power Purchase Agreement
Seller Event of Default. 19.4.1.1 If a Seller Event of Default has occurred and that Seller Event of Default has not been cured within the period specified in Clause 19.3, the Purchaser, in its sole discretion, may:
(a) immediately Immediately terminate this Agreement by serving a Termination Notice on the Seller or, alternatively, may serve a Transfer Notice pursuant to Clause Error! Reference source not found.; and/or
(b) proceed in accordance with Clause 20 to protect and enforce its rights, to recover any Damages to which it may be entitled (including all costs and expenses reasonably incurred in the exercise of its remedy); and/or
(c) retain all or part of the Construction Security and/or the Operations Security provided by the Seller pursuant to Clause 12.4 in full or partial satisfaction of the Damages to which it may be entitled under Clause 19.4.1.1(b) above.
19.4.1.2 These rights and remedies shall not be exclusive but, to the extent permitted by law, shall be cumulative and in addition to all other rights and remedies existing at law, in equity or otherwise, provided that, the Purchaser may only seek to exercise such rights and remedies in accordance with the procedures set forth in Clause 20.
19.4.1.3 The Purchaser may exercise each right and remedy afforded by this Agreement or by law from time to time and as often as may be deemed expedient by the Purchaser.
19.4.1.4 No delay by, or omission of, the Purchaser to exercise any right or remedy arising upon any Seller Event of Default shall impair any such right or remedy or constitute a waiver of such event or an acquiescence thereto.
Appears in 1 contract
Samples: Power Purchase Agreement
Seller Event of Default. 19.4.1.1 If a Seller Event of Default has occurred and that Seller Event of Default has not been cured within the period specified in Clause 19.3, the Purchaser, in its sole discretion, may:
(a) immediately terminate this Agreement by serving a Termination Notice on the Seller or, alternatively, may serve a Transfer Notice pursuant to Clause Error! Reference source not found.; and/or
(b) proceed in accordance with Clause 20 to protect and enforce its rights, to recover any Damages to which it may be entitled (including all costs and expenses reasonably incurred in the exercise of its remedy); and/or
(c) retain all or part of the Construction Security and/or the Operations Security provided by the Seller pursuant to Clause 12.4 12.3 in full or partial satisfaction of the Damages to which it may be entitled under Clause 19.4.1.1(b) above.
19.4.1.2 These rights and remedies shall not be exclusive but, to the extent permitted by law, shall be cumulative and in addition to all other rights and remedies existing at law, in equity or otherwise, provided that, the Purchaser may only seek to exercise such rights and remedies in accordance with the procedures set forth in Clause 20.
19.4.1.3 The Purchaser may exercise each right and remedy afforded by this Agreement or by law from time to time and as often as may be deemed expedient by the Purchaser.
19.4.1.4 No delay by, or omission of, the Purchaser to exercise any right or remedy arising upon any Seller Event of Default shall impair any such right or remedy or constitute a waiver of such event or an acquiescence thereto.
Appears in 1 contract
Samples: Power Purchase Agreement