Common use of Suspension of Performance Clause in Contracts

Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default has occurred and is continuing, the Notifying Party may, on notice to the other Party, suspend performance of its obligation to Deliver and sell, or receive and purchase, as applicable, RECs until such Event of Default is cured; provided, however, that any suspension shall not extend the Delivery Term. Any such suspension shall be without prejudice to any remedy provided herein or otherwise available at law or in equity, including the right to subsequently terminate under Section 13.3.1.

Appears in 10 contracts

Samples: Purchase and Sale Agreement, Cover Sheet, Purchase and Sale Agreement

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Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default has occurred and is continuing, the Notifying Party may, on notice to the other Party, suspend performance of its obligation to Deliver deliver and sell, or receive and purchase, as applicable, RECs LRECs or ZRECs until such Event of Default is cured; provided, however, that any suspension shall not extend the Delivery TermTerm period. Any such suspension shall be without prejudice to any remedy provided herein or otherwise available at law or in equity, including the right to subsequently terminate under Section 13.3.1.

Appears in 6 contracts

Samples: Energea Portfolio 4 USA LLC, Tariff Agreement, www.eversource.com

Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Notifying Party mayNon-Defaulting Party, on upon written notice to the other Defaulting Party, suspend performance of its obligation to Deliver and sell, or receive and purchase, as applicable, RECs until such Event of Default is cured; provided, however, that any suspension shall not extend the Delivery Term. Any such suspension shall be without prejudice to any remedy provided herein or otherwise available at law or in equity, including has the right to subsequently terminate suspend performance under this Agreement. Any RECs Delivered by Seller to Buyer during the suspension period pursuant to this Section 13.3.19.6 shall be returned to Seller pursuant to Section 2.3(f).

Appears in 3 contracts

Samples: Guaranty, Guaranty, Guaranty

Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default has occurred and is continuing, the Notifying Party may, on notice to the other Party, suspend performance of its obligation to Deliver deliver and sell, or receive and purchase, as applicable, Energy and RECs until such Event of Default is cured; provided, however, that any suspension shall not extend the Delivery TermTerm period. Any such suspension shall be without prejudice to any remedy provided herein or otherwise available at law or in equity, including the right to subsequently terminate under Section 13.3.113.2.1.

Appears in 2 contracts

Samples: Tariff Agreement, www.uinet.com

Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default has occurred and is continuing, the Notifying Party may, on notice to the other Party, suspend performance of its obligation to Deliver deliver and sell, or receive and purchase, as applicable, RECs LRECs or ZRECs until such Event of Default is cured; provided, however, that any suspension shall not extend the Delivery TermTerm period. Any such suspension shall be without prejudice to any REFERENCE remedy provided herein or otherwise available at law or in equity, including the right to subsequently terminate under Section 13.3.1.

Appears in 2 contracts

Samples: www.eversource.com, www.eversource.com

Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Notifying Party mayNon-Defaulting Party, on upon written notice to the other Defaulting Party, suspend performance of its obligation to Deliver and sell, or receive and purchase, as applicable, RECs until such Event of Default is cured; provided, however, that any suspension shall not extend the Delivery Term. Any such suspension shall be without prejudice to any remedy provided herein or otherwise available at law or in equity, including has the right to subsequently terminate suspend performance under this Agreement. Any RECs Delivered by Seller to Buyer during the suspension period pursuant to this Section 13.3.110.6 shall be returned to Seller pursuant to Section 3.3(f).

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement

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Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default has occurred and is continuing, the Notifying Party may, on notice to the other Party, suspend performance of its obligation to Deliver deliver and sell, or receive and purchase, as applicable, RECs LRECs or ZRECs until such Event of Default is cured; provided, however, that any suspension shall not extend the Delivery TermTerm period. Any such suspension shall be without prejudice to any remedy provided herein or otherwise available at law or in equity, including the right to subsequently terminate under Section 13.3.113.2.1.

Appears in 1 contract

Samples: Tariff Agreement

Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default has occurred and is continuing, the Notifying Party may, on notice to the other Party, suspend performance of its obligation to Deliver deliver and sell, or receive and purchase, as applicable, RECs until such Event of Default is cured; provided, however, that any suspension shall not extend the Delivery TermTerm period. Any such suspension shall be without prejudice to any remedy provided herein or otherwise available at law or in equity, including the right to subsequently terminate under Section 13.3.1.

Appears in 1 contract

Samples: Service Agreement

Suspension of Performance. Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Notifying Party mayNon-Defaulting Party, on upon written notice to the other Defaulting Party, suspend performance of its obligation to Deliver and sell, or receive and purchase, as applicable, RECs until such Event of Default is cured; provided, however, that any suspension shall not extend the Delivery Term. Any such suspension shall be without prejudice to any remedy provided herein or otherwise available at law or in equity, including has the right to subsequently terminate suspend performance under this Agreement. Any RECs Delivered by Seller to Buyer during the suspension period pursuant to this Section 13.3.19.6 shall be returned to Seller pursuant to Section 2.3(f).

Appears in 1 contract

Samples: Guaranty

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