Common use of Step-in without Development Entity Breach Clause in Contracts

Step-in without Development Entity Breach. If the Development Entity is not in breach of its obligations under this PPA, then for so long as and to the extent that the Required Action is taken, and to the extent this prevents the Development Entity from performing its obligations under this PPA: (a) the Development Entity shall be relieved from performing its relevant obligations under this PPA; and (b) in respect of the period in which the Department is taking the Required Action and; provided, that the Development Entity provides the Department with reasonable assistance (such assistance to be at the expense of the Department to the extent that incremental costs are incurred): (i) such Required Action shall be deemed to be a Compensation Event for the purposes of this PPA; and (ii) any Noncompliance Event that arise as a direct result of the Required Action shall, for the purposes of this PPA, be deemed not to have occurred.

Step-in without Development Entity Breach. If the Development Entity is not in breach of its obligations under this PPA, then for so long as and to the extent that the Required Action is taken, and to the extent this prevents the Development Entity from performing its obligations under this PPA: (a) the Development Entity shall be relieved from performing its relevant obligations under this PPA; and (b) in respect of the period in which the Department is taking the Required Action and; provided, that the Development Entity provides the Department with reasonable assistance (such assistance to be at the expense of the Department to the extent that incremental costs are incurred): (i) such Required Action shall be deemed to be a Compensation Event for the purposes of this PPA; and (ii) any Noncompliance Event or Closures that arise as a direct result of the Required Action shall, for the purposes of this PPA, be deemed not to have occurred.