Common use of Solar Power Developer Event of Default Clause in Contracts

Solar Power Developer Event of Default. 10.1.1 The occurrence and continuation of any of the following events, unless any such event occurs as a result of a Force Majeure event or a breach by DISCOM of its obligations under this Agreement, shall constitute a Solar Power Developer Event of Default (“Solar Power Developer Event of Default”): (i) if (a) the Solar Power Developer assigns, mortgages or charges or purports to assign, mortgage or charge any of its assets or rights related to the Project in contravention of the provisions of this Agreement; or (b) the Solar Power Developer transfers or novates any of its rights and/ or obligations under this Agreement, in a manner contrary to the provisions of this Agreement; except where such transfer ▪ is in pursuance of a law; and does not affect the ability of the transferee to perform, and such transferee has the financial capability to perform, its obligations under this Agreement or • is to a transferee who assumes such obligations under this Agreement and the Agreement remains effective with respect to the transferee; (ii) if (a) the Solar Power Developer becomes voluntarily or involuntarily the subject of any bankruptcy or insolvency or winding up proceedings and such proceedings remain uncontested for a period of thirty (30) days, or (b) any winding up or bankruptcy or insolvency order is passed against the Solar Power Developer, or (c) the Solar Power Developer goes into liquidation or dissolution or has a receiver or any similar officer appointed over all or substantially all of its assets or official liquidator is appointed to manage its affairs, pursuant to law, Provided that a dissolution or liquidation of the Solar Power Developer will not be a Solar Power Developer Event of Default if such dissolution or liquidation is for the purpose of a merger, consolidation or reorganization and where the resulting company retains creditworthiness similar to the Solar Power Developer and expressly assumes all obligations of the Solar Power Developer under this Agreement and is in a position to perform them; or (iii) the Solar Power Developer repudiates this Agreement and does not rectify such breach within a period of thirty (30) days from a notice from DISCOM in this regard; or (iv) except where due to any DISCOM’s failure to comply with its material obligations, the Solar Power Developer is in breach of any of its material obligations pursuant to this Agreement, and such material breach is not rectified by the Solar Power Developer within thirty (30) days of receipt of first notice in this regard given by DISCOM; or (v) the Solar Power Developer delays the commissioning of the Project by more than 5 months from the Scheduled COD, in which case the procedures of Clause 10.5 shall be followed; or (vi) occurrence of any other event which is specified in this Agreement to be a material breach/default of the Solar Power Developer.

Solar Power Developer Event of Default. 10.1.1 The occurrence and continuation of any of the following events, unless any such event occurs as a result of a Force Majeure event or a breach by DISCOM SBI of its obligations under this Agreement, shall constitute a Solar Power Developer Event of Default (“Solar Power Developer Event of Default”):) (i) if10.1.1 Material breach of any of the provisions of this Agreement. (a) 10.1.2 If the Solar Power Developer assigns, mortgages or charges or purports to assign, mortgage or charge any of its assets or rights related to the Project in contravention of the provisions of this Agreement; or (b) the 10.1.3 The Solar Power Developer transfers or novates any of its rights and/ or obligations under this Agreement, in a manner contrary to the provisions of this Agreement; except where such transfer ▪ is transfer i. Is in pursuance of a law; and does not affect the ability of the transferee to perform, and such transferee has the financial capability to perform, its obligations under this Agreement or • is or ii. Is to a transferee who assumes such obligations under this Agreement and the Agreement remains effective with respect to the transferee; (ii) if (a) 10.1.4 Bankruptcy, liquidation or dissolution of the Solar Power Developer becomes voluntarily producer pursuant to Applicable Law, or involuntarily if any proceeding of insolvency under the subject of any bankruptcy Insolvency and Bankruptcy Code, 2015 or insolvency or winding up proceedings and such proceedings remain uncontested for a period of thirty (30) days, or (b) any winding up or bankruptcy or insolvency order is passed proceeding has been initiated against the Solar Power DeveloperProducer under the Companies Act, or (c) the Solar Power Developer goes into liquidation or dissolution or has a receiver or any similar officer appointed over all or substantially all of its assets or official liquidator is appointed to manage its affairs, pursuant to law, Provided that a dissolution or liquidation of the Solar Power Developer will not be a Solar Power Developer Event of Default if such dissolution or liquidation is 2013 except for the purpose of a merger, consolidation or reorganization and where that does not affect the ability of the resulting company retains creditworthiness similar entity to the Solar Power Developer and expressly assumes perform all its obligations of the Solar Power Developer under this Agreement and is in a position to perform them; orprovided that such resulting entity expressly assumes all such obligations; (iii) the 10.1.5 The Solar Power Developer repudiates this Agreement and does not rectify such breach within a period of thirty (30) days from a notice from DISCOM Solar Power Procurer in this regard; or; (iv) except 10.1.6 Except where due to any DISCOMSolar Power Procurer’s failure to comply with its material obligations, the Solar Power Developer is in breach of any of its material obligations pursuant to this Agreement, and such material breach is not rectified by the Solar Power Developer within thirty (30) days of receipt of first notice in this regard given by DISCOM; orSolar Power Procurer; (v) the 10.1.7 The Solar Power Developer delays the commissioning of the Project by more than 5 four (4) months from the Scheduled COD, in which case the procedures of Clause 10.5 10.4 shall be followed; or; (vi) occurrence 10.1.8 If Solar Power Plant is designed, operated constructed or completed in violation of Applicable laws. 10.1.9 If the Power Producer willfully or recklessly fails in material respect to operate and maintain the Solar Power Plant; 10.1.10 Failure to supply at least 90% of the Contracted Energy per annum or 75% of Contracted Energy for the first 10 months for a consecutive period of 2 years except for reasons out of control of the Power Producer. 10.1.11 A default has occurred under any of the financing agreements and any of the lenders to the Solar Power Plant has recalled its financial assistance and demanded payment of the amounts outstanding under the financing documents. 10.1.12 Any major or consequential misrepresentation any acts, omissions or negligence on the part of the Power Producer so as to tamper the Main Metering System or any of the meters so installed for the purpose of this Agreement. 10.1.13 Occurrence of any other event which is specified in this Agreement to be a material breach/default of the Solar Power Developer. 10.1.14 Black listing of the developer by any central of state agency

Solar Power Developer Event of Default. 10.1.1 The occurrence and continuation of any of the following events, unless any such event occurs as a result of a Force Majeure event or a breach by DISCOM of its obligations under this Agreement, shall constitute a Solar Power Developer Event of Default (“Solar Power Developer Event of Default”): (i) if (a) the Solar Power Developer assigns, mortgages or charges or purports to assign, mortgage or charge any of its assets or rights related to the Project in contravention of the provisions of this Agreement; or (b) the Solar Power Developer transfers or novates any of its rights and/ or obligations under this Agreement, in a manner contrary to the provisions of this Agreement; except where such transfer ▪  is in pursuance of a law; and does not affect the ability of the transferee to perform, and such transferee has the financial capability to perform, its obligations under this Agreement or •  is to a transferee who assumes such obligations under this Agreement and the Agreement remains effective with respect to the transferee; (ii) if (a) the Solar Power Developer becomes voluntarily or involuntarily the subject of any bankruptcy or insolvency or winding up proceedings and such proceedings remain uncontested for a period of thirty (30) days, or (b) any winding up or bankruptcy or insolvency order is passed against the Solar Power Developer, or (c) the Solar Power Developer goes into liquidation or dissolution or has a receiver or any similar officer appointed over all or substantially all of its assets or official liquidator is appointed to manage its affairs, pursuant to law, Provided that a dissolution or liquidation of the Solar Power Developer will not be a Solar Power Developer Event of Default if such dissolution or liquidation is for the purpose of a merger, consolidation or reorganization and where the resulting company retains creditworthiness similar to the Solar Power Developer and expressly assumes all obligations of the Solar Power Developer under this Agreement and is in a position to perform them; or (iii) the Solar Power Developer repudiates this Agreement and does not rectify such breach within a period of thirty (30) days from a notice from DISCOM in this regard; or (iv) except where due to any DISCOM’s failure to comply with its material obligations, the Solar Power Developer is in breach of any of its material obligations pursuant to this Agreement, and such material breach is not rectified by the Solar Power Developer within thirty (30) days of receipt of first notice in this regard given by DISCOM; or (v) the Solar Power Developer delays the commissioning of the Project by more than 5 months from the Scheduled COD, in which case the procedures of Clause 10.5 shall be followed; or (vi) occurrence of any other event which is specified in this Agreement to be a material breach/default of the Solar Power Developer.

Solar Power Developer Event of Default. 10.1.1 The occurrence and continuation of any of the following events, unless any such event occurs as a result of a Force Majeure event or a breach by DISCOM of its obligations under this Agreement, shall constitute a Solar Power Developer Event of Default (“Solar Power Developer Event of Default”): (i) if if (a) the Solar Power Developer assigns, mortgages or charges or purports to assign, mortgage or charge any of its assets or rights related to the Project in contravention of the provisions of this Agreement; or or (b) the Solar Power Developer transfers or novates any of its rights and/ or obligations under this Agreement, in a manner contrary to the provisions of this Agreement; except where such transfer ▪ transfer A) is in pursuance of a law; and does not affect the ability of the transferee to perform, and such transferee has the financial capability to perform, its obligations under this Agreement or • B) is to a transferee who assumes such obligations under this Agreement and the Agreement remains effective with respect to the transferee; (ii) if if (a) the Solar Power Developer becomes voluntarily or involuntarily the subject of any bankruptcy or insolvency or winding up proceedings and such proceedings remain uncontested for a period of thirty (30) days, or or (b) any winding up or bankruptcy or insolvency order is passed against the Solar Power Developer, or or (c) the Solar Power Developer goes into liquidation or dissolution or has a receiver or any similar officer appointed over all or substantially all of its assets or official liquidator is appointed to manage its affairs, pursuant to law, Provided that a dissolution or liquidation of the Solar Power Developer will not be a Solar Power Developer Event of Default if such dissolution or liquidation is for the purpose of a merger, consolidation or reorganization and where the resulting company retains creditworthiness similar to the Solar Power Developer and expressly assumes all obligations of the Solar Power Developer under this Agreement and is in a position to perform them; or (iii) the Solar Power Developer repudiates this Agreement and does not rectify such breach within a period of thirty (30) days from a notice from DISCOM in this regard; or (iv) except where due to any DISCOM’s failure to comply with its material obligations, the Solar Power Developer is in breach of any of its material obligations pursuant to this Agreement, and such material breach is not rectified by the Solar Power Developer within thirty (30) days of receipt of first notice in this regard given by DISCOM; or (v) the Solar Power Developer delays the commissioning of the Project by more than 5 months from the Scheduled COD, in which case the procedures of Clause 10.5 shall be followed; or (vi) occurrence of any other event which is specified in this Agreement to be a material breach/default of the Solar Power Developer.

Solar Power Developer Event of Default. 10.1.1 The occurrence and continuation of any of the following events, unless any such event occurs as a result of a Force Majeure event or a breach by DISCOM of its obligations under this Agreement, shall constitute a Solar Power Developer Event of Default (“Solar Power Developer Event of Default”): (i) if (a) the Solar Power Developer assigns, mortgages or charges or purports to assign, mortgage or charge any of its assets or rights related to the Project in contravention of the provisions of this Agreement; or (b) the Solar Power Developer transfers or novates any of its rights and/ or obligations under this Agreement, in a manner contrary to the provisions of this Agreement; except where such transfer ▪  is in pursuance of a law; and does not affect the ability of the transferee to perform, and such transferee has the financial capability to perform, its obligations under this Agreement or •  is to a transferee who assumes such obligations under this Agreement and the Agreement remains effective with respect to the transferee; (ii) if (a) the Solar Power Developer becomes voluntarily or involuntarily the subject of any bankruptcy or insolvency or winding up proceedings and such proceedings remain uncontested for a period of thirty (30) days, or (b) any winding up or bankruptcy or insolvency order is passed against the Solar Power Developer, or (c) the Solar Power Developer goes into liquidation or dissolution or has a receiver or any similar officer appointed over all or substantially all of its assets or official liquidator is appointed to manage its affairs, pursuant to law, Provided that a dissolution or liquidation of the Solar Power Developer will not be a Solar Power Developer Event of Default if such dissolution or liquidation is for the purpose of a merger, consolidation or reorganization and where the resulting company retains creditworthiness similar to the Solar Power Developer and expressly assumes all obligations of the Solar Power Developer under this Agreement and is in a position to perform them; or (iii) the Solar Power Developer repudiates this Agreement and does not rectify such breach within a period of thirty (30) days from a notice from DISCOM in this regard; or (iv) except where due to any DISCOM’s failure to comply with its material obligations, the Solar Power Developer is in breach of any of its material obligations pursuant to this Agreement, and such material breach is not rectified by the Solar Power Developer within thirty (30) days of receipt of first notice in this regard given by DISCOM; or (v) the Solar Power Developer delays the commissioning of the Project by more than 5 4 months from the Scheduled COD, in which case the procedures of Clause 10.5 shall be followed; or (vi) occurrence of any other event which is specified in this Agreement to be a material breach/default of the Solar Power Developer.

Solar Power Developer Event of Default. 10.1.1 The occurrence and continuation of any of the following events, unless any such event occurs as a result of a Force Majeure event or a breach by DISCOM VMC of its obligations under this Agreement, shall constitute a Solar Power Developer Event of Default (“Solar Power Developer Event of Default”): (i) ifi. if – (a) a. the Solar Power Developer assigns, mortgages or charges or purports to assign, mortgage or charge any of its assets or rights related to the Project in contravention of the provisions of this Agreement; or (b) b. the Solar Power Developer transfers or novates any of its rights and/ or obligations under this Agreement, in a manner contrary to the provisions of this Agreement; except where such transfer ▪  is in pursuance of a law; and does not affect the ability of the transferee to perform, and such transferee has the financial capability to perform, its obligations under this Agreement or •  is to a transferee who assumes such obligations under this Agreement and the Agreement remains effective with respect to the transferee; (ii) if. if – (a) a. the Solar Power Developer becomes voluntarily or involuntarily the subject of any bankruptcy or insolvency or winding up proceedings and such proceedings remain uncontested for a period of thirty (30) days, or (b) or any winding up or bankruptcy or insolvency order is passed against the Solar Power Developer, or (c) b. the Solar Power Developer goes into liquidation or dissolution or has a receiver or any similar officer appointed over all or substantially all of its assets or official liquidator is appointed to manage its affairs, pursuant to law, Provided provided that a dissolution or liquidation of the Solar Power Developer will not be a Solar Power Developer Event of Default if such dissolution or liquidation is for the purpose of a merger, consolidation or reorganization and where the resulting company retains creditworthiness similar to the Solar Power Developer and expressly assumes all obligations of the Solar Power Developer under this Agreement and is in a position to perform them; or (iii) . the Solar Power Developer repudiates this Agreement and does not rectify such breach within a period of thirty (30) days from a notice from DISCOM Solar Power Procurer in this regard; or (iv) . except where due to any DISCOM’s Solar Power Procurer‟s failure to comply with its material obligations, the Solar Power Developer is in breach of any of its material obligations pursuant to this Agreement, and such material breach is not rectified by the Solar Power Developer within thirty (30) days of receipt of first notice in this regard given by DISCOMSolar Power Procurer; or (v) v. the Solar Power Developer delays the commissioning of the Project by more than 5 4 months from the Scheduled COD, in which case the procedures of Clause 10.5 shall be followed; or (vi) . occurrence of any other event which is specified in this Agreement to be a material breach/default of the Solar Power Developer.

Solar Power Developer Event of Default. 10.1.1 The occurrence and continuation of any of the following events, unless any such event occurs as a result of a Force Majeure event or a breach by DISCOM of its obligations under this Agreement, shall constitute a Solar Power Developer Event of Default (“Solar Power Developer Event of Default”): (i) if (a) the Solar Power Developer assigns, mortgages or charges or purports to assign, mortgage or charge any of its assets or rights related to the Project in contravention of the provisions of this Agreement; or (b) the Solar Power Developer transfers or novates any of its rights and/ and / or obligations under this Agreement, in a manner contrary to the provisions of this Agreement; except where such transfer ▪ is in pursuance of a law; and does not affect the ability of the transferee to perform, and such transferee has the financial capability to perform, its obligations under this Agreement or • is to a transferee who assumes such obligations under this Agreement and the Agreement remains effective with respect to the transferee; (ii) if (a) the Solar Power Developer becomes voluntarily or involuntarily the subject of any bankruptcy or insolvency or winding up proceedings and such proceedings remain uncontested for a period of thirty (30) days, or (b) any winding up or bankruptcy or insolvency order is passed against the Solar Power Developer, or (c) the Solar Power Developer goes into liquidation or dissolution or has a receiver or any similar officer appointed over all or substantially all of its assets or official liquidator is appointed to manage its affairs, pursuant to law, Provided that a dissolution or liquidation of the Solar Power Developer will not be a Solar Power Developer Event of Default if such dissolution or liquidation is for the purpose of a merger, consolidation or reorganization and where the resulting company retains creditworthiness similar to the Solar Power Developer solar power developer and expressly assumes all obligations of the Solar Power Developer solar power developer under this Agreement and is in a position to perform them; or (iii) the Solar Power Developer solar power developer repudiates this Agreement and does not rectify such breach within a period of thirty (30) days from a notice from DISCOM in this regard; or (iv) except where due to any DISCOM’s failure to comply with its material obligations, the Solar Power Developer solar power developer is in breach of any of its material obligations pursuant to this Agreement, and such material breach is not rectified by the Solar Power Developer solar power developer within thirty (30) days of receipt of first notice in this regard given by DISCOM; or (v) the Solar Power Developer solar power developer delays the commissioning of the Project by more than 5 months from the Scheduled COD, in which case the procedures of Clause 10.5 shall be followed; or (vi) occurrence of any other event which is specified in this Agreement to be a material breach/breach / default of the Solar Power Developersolar power developer. (vii) A default has occurred under any of the financing agreements and any of the lenders to the project has recalled its financial assistance and demanded payment of the amounts outstanding under the financing documents or any of them as applicable and the lenders shall issue a written notice to the DISCOM to this effect.

Solar Power Developer Event of Default. 10.1.1 The occurrence and continuation of any of the following events, unless any such event occurs as a result of a Force Majeure event or a breach by DISCOM of its obligations under this Agreement, shall constitute a Solar Power Developer Event of Default (“Solar Power Developer Event of Default”): (i) if (a) the Solar Power Developer assigns, mortgages or charges or purports to assign, mortgage or charge any of its assets or rights related to the Project in contravention of the provisions of this Agreement; or (b) the Solar Power Developer transfers or novates any of its rights and/ and / or obligations under this Agreement, in a manner contrary to the provisions of this Agreement; except where such transfer ▪ is in pursuance of a law; and does not affect the ability of the transferee to perform, and such transferee has the financial capability to perform, its obligations under this Agreement or • is to a transferee who assumes such obligations under this Agreement and the Agreement remains effective with respect to the transferee; (ii) if (a) the Solar Power Developer becomes voluntarily or involuntarily the subject of any bankruptcy or insolvency or winding up proceedings and such proceedings remain uncontested for a period of thirty (30) days, or (b) any winding up or bankruptcy or insolvency order is passed against the Solar Power Developer, or (c) the Solar Power Developer goes into liquidation or dissolution or has a receiver or any similar officer appointed over all or substantially all of its assets or official liquidator is appointed to manage its affairs, pursuant to law, Provided that a dissolution or liquidation of the Solar Power Developer will not be a Solar Power Developer Event of Default if such dissolution or liquidation is for the purpose of a merger, consolidation or reorganization and where the resulting company retains creditworthiness similar to the Solar Power Developer solar power developer and expressly assumes all obligations of the Solar Power Developer solar power developer under this Agreement and is in a position to perform them; or (iii) the Solar Power Developer solar power developer repudiates this Agreement and does not rectify such breach within a period of thirty (30) days from a notice from DISCOM in this regard; or (iv) except where due to any DISCOM’s DISCOM‟s failure to comply with its material obligations, the Solar Power Developer solar power developer is in breach of any of its material obligations pursuant to this Agreement, and such material breach is not rectified by the Solar Power Developer solar power developer within thirty (30) days of receipt of first notice in this regard given by DISCOM; or (v) the Solar Power Developer solar power developer delays the commissioning of the Project by more than 5 months from the Scheduled COD, in which case the procedures of Clause 10.5 shall be followed; or (vi) occurrence of any other event which is specified in this Agreement to be a material breach/breach / default of the Solar Power Developersolar power developer. (vii) A default has occurred under any of the financing agreements and any of the lenders to the project has recalled its financial assistance and demanded payment of the amounts outstanding under the financing documents or any of them as applicable and the lenders shall issue a written notice to the DISCOM to this effect.

Solar Power Developer Event of Default. 10.1.1 The occurrence and continuation of any of the following events, unless any such event occurs as a result of a Force Majeure event or a breach by DISCOM of its obligations under this Agreement, shall constitute a Solar Power Developer Event of Default (“Solar Power Developer Event of Default”): (i) if (a) the Solar Power Developer assigns, mortgages or charges or purports to assign, mortgage or charge any of its assets or rights related to the Project in contravention of the provisions of this Agreement; or (b) the Solar Power Developer transfers or novates any of its rights and/ or obligations under this Agreement, in a manner contrary to the provisions of this Agreement; except where such transfer ▪  is in pursuance of a law; and does not affect the ability of the transferee to perform, and such transferee has the financial capability to perform, its obligations under this Agreement or •  is to a transferee who assumes such obligations under this Agreement and the Agreement remains effective with respect to the transferee; (ii) if (a) the Solar Power Developer becomes voluntarily or involuntarily the subject of any bankruptcy or insolvency or winding up proceedings and such proceedings remain uncontested for a period of thirty (30) days, or (b) any winding up or bankruptcy or insolvency order is passed against the Solar Power Developer, or (c) the Solar Power Developer goes into liquidation or dissolution or has a receiver or any similar officer appointed over all or substantially all of its assets or official liquidator is appointed to manage its affairs, pursuant to law, , (d) Provided that a dissolution or liquidation of the Solar Power Developer will not be a Solar Power Developer Event of Default if such dissolution or liquidation is for the purpose of a merger, consolidation or reorganization and where the resulting company retains creditworthiness similar to the Solar Power Developer and expressly assumes all obligations of the Solar Power Developer under this Agreement and is in a position to perform them; or (iii) the Solar Power Developer repudiates this Agreement and does not rectify such breach within a period of thirty (30) days from a notice from DISCOM in this regard; or (iv) except where due to any DISCOM’s failure to comply with its material obligations, the Solar Power Developer is in breach of any of its material obligations pursuant to this Agreement, and such material breach is not rectified by the Solar Power Developer within thirty (30) days days (v) of receipt of first notice in this regard given by DISCOM; or (vvi) the Solar Power Developer delays the commissioning of the Project by more than 5 3 months from the Scheduled COD, in which case the procedures of Clause 10.5 shall be followed; or (vi) occurrence of any other event which is specified in this Agreement to be a material breach/default of the Solar Power Developer.Clause

Solar Power Developer Event of Default. 10.1.1 The occurrence and continuation of any of the following events, unless any such event occurs as a result of a Force Majeure event or a breach by DISCOM of its obligations under this Agreement, shall constitute a Solar Power Developer Event of Default (“Solar Power Developer Event of Default”): (i) if (a) the Solar Power Developer assigns, mortgages or charges or purports to assign, mortgage or charge any of its assets or rights related to the Project in contravention of the provisions of this Agreement; or (b) the Solar Power Developer transfers or novates any of its rights and/ or obligations under this Agreement, in a manner contrary to the provisions of this Agreement; except where such transfer ▪ • is in pursuance of a law; and does not affect the ability of the transferee to perform, and such transferee has the financial capability to perform, its obligations under this Agreement or • is to a transferee who assumes such obligations under this Agreement and the Agreement remains effective with respect to the transferee; (ii) if (a) the Solar Power Developer becomes voluntarily or involuntarily the subject of any bankruptcy or insolvency or winding up proceedings and such proceedings remain uncontested for a period of thirty (30) days, or (b) any winding up or bankruptcy or insolvency order is passed against the Solar Power Developer, or (c) the Solar Power Developer goes into liquidation or dissolution or has a receiver or any similar officer appointed over all or substantially all of its assets or official liquidator is appointed to manage its affairs, pursuant to law, , (d) Provided that a dissolution or liquidation of the Solar Power Developer will not be a Solar Power Developer Event of Default if such dissolution or liquidation is for the purpose of a merger, consolidation or reorganization and where the resulting company retains creditworthiness similar to the Solar Power Developer and expressly assumes all obligations of the Solar Power Developer under this Agreement and is in a position to perform them; or (iii) the Solar Power Developer repudiates this Agreement and does not rectify such breach within a period of thirty (30) days from a notice from DISCOM in this regard; or (iv) except where due to any DISCOM’s failure to comply with its material obligations, the Solar Power Developer is in breach of any of its material obligations pursuant to this Agreement, and such material breach is not rectified by the Solar Power Developer within thirty (30) days of receipt of first notice in this regard given by DISCOM; or (v) the Solar Power Developer delays the commissioning of the Project by more than 5 six months from the Scheduled COD, in which case the procedures of Clause 10.5 shall be followed; or (vi) occurrence Occurrence of any other event which is specified in this Agreement to be a material breach/default of the Solar Power Developer.

Solar Power Developer Event of Default. 10.1.1 The occurrence and continuation of any of the following events, unless any such event occurs as a result of a Force Majeure event or a breach by DISCOM of its obligations under this Agreement, shall constitute a Solar Power Developer Event of Default (“Solar Power Developer Event of Default”): (i) if (a) the Solar Power Developer assigns, mortgages or charges or purports to assign, mortgage or charge any of its assets or rights related to the Project in contravention of the provisions of this Agreement; or (b) the Solar Power Developer transfers or novates any of its rights and/ or obligations under this Agreement, in a manner contrary to the provisions of this Agreement; except where such transfer ▪  is in pursuance of a law; and does not affect the ability of the transferee to perform, and such transferee has the financial capability to perform, its obligations under this Agreement or •  is to a transferee who assumes such obligations under this Agreement and the Agreement remains effective with respect to the transferee; (ii) if (a) the Solar Power Developer becomes voluntarily or involuntarily the subject of any bankruptcy or insolvency or winding up proceedings and such proceedings remain uncontested for a period of thirty (30) days, or (b) any winding up or bankruptcy or insolvency order is passed against the Solar Power Developer, or (c) the Solar Power Developer goes into liquidation or dissolution or has a receiver or any similar officer appointed over all or substantially all of its assets or official liquidator is appointed to manage its affairs, pursuant to law, , (d) Provided that a dissolution or liquidation of the Solar Power Developer will not be a Solar Power Developer Event of Default if such dissolution or liquidation is for the purpose of a merger, consolidation or reorganization and where the resulting company retains creditworthiness similar to the Solar Power Developer and expressly assumes all obligations of the Solar Power Developer under this Agreement and is in a position to perform them; or (iii) the Solar Power Developer repudiates this Agreement and does not rectify such breach within a period of thirty (30) days from a notice from DISCOM in this regard; or (iv) except where due to any DISCOM’s failure to comply with its material obligations, the Solar Power Developer is in breach of any of its material obligations pursuant to this Agreement, and such material breach is not rectified by the Solar Power Developer within thirty (30) days of receipt of first notice in this regard given by DISCOM; or (v) the Solar Power Developer delays the commissioning of the Project by more than 5 six months from the Scheduled COD, in which case the procedures of Clause 10.5 shall be followed; or (vi) occurrence Occurrence of any other event which is specified in this Agreement to be a material breach/default of the Solar Power Developer.

Solar Power Developer Event of Default. 10.1.1 The occurrence and continuation of any of the following events, unless any such event occurs as a result of a Force Majeure event or a breach by DISCOM of its obligations under this Agreement, shall constitute a Solar Power Developer Event of Default (“Solar Power Developer Event of Default”): (i) if (a) the Solar Power Developer assigns, mortgages or charges or purports to assign, mortgage or charge any of its assets or rights related to the Project in contravention of the provisions of this Agreement; or (b) the Solar Power Developer transfers or novates any of its rights and/ and / or obligations under this Agreement, in a manner contrary to the provisions of this Agreement; except where such transfer ▪  is in pursuance of a law; and does not affect the ability of the transferee to perform, and such transferee has the financial capability to perform, its obligations under this Agreement or •  is to a transferee who assumes such obligations under this Agreement and the Agreement remains effective with respect to the transferee; (ii) if (a) the Solar Power Developer becomes voluntarily or involuntarily the subject of any bankruptcy or insolvency or winding up proceedings and such proceedings remain uncontested for a period of thirty (30) days, or (b) any winding up or bankruptcy or insolvency order is passed against the Solar Power Developer, or (c) the Solar Power Developer goes into liquidation or dissolution or has a receiver or any similar officer appointed over all or substantially all of its assets or official liquidator is appointed to manage its affairs, pursuant to law, Provided that a dissolution or liquidation of the Solar Power Developer will not be a Solar Power Developer Event of Default if such dissolution or liquidation is for the purpose of a merger, consolidation or reorganization and where the resulting company retains creditworthiness similar to the Solar Power Developer solar power developer and expressly assumes all obligations of the Solar Power Developer solar power developer under this Agreement and is in a position to perform them; or (iii) the Solar Power Developer solar power developer repudiates this Agreement and does not rectify such breach within a period of thirty (30) days from a notice from DISCOM in this regard; or (iv) except where due to any DISCOM’s failure to comply with its material obligations, the Solar Power Developer solar power developer is in breach of any of its material obligations pursuant to this Agreement, and such material breach is not rectified by the Solar Power Developer solar power developer within thirty (30) days of receipt of first notice in this regard given by DISCOM; or (v) the Solar Power Developer solar power developer delays the commissioning of the Project by more than 5 months from the Scheduled COD, in which case the procedures of Clause 10.5 shall be followed; or (vi) occurrence of any other event which is specified in this Agreement to be a material breach/breach / default of the Solar Power Developersolar power developer. (vii) A default has occurred under any of the financing agreements and any of the lenders to the project has recalled its financial assistance and demanded payment of the amounts outstanding under the financing documents or any of them as applicable and the lenders shall issue a written notice to the DISCOM to this effect.