Common use of Suspension of Performance Clause in Contracts

Suspension of Performance. Notwithstanding any other provision of this Agreement, if an Event of Default shall have occurred and be continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, shall have the right (i) to suspend performance under this Agreement; provided, however, in no event shall any such suspension continue for longer than ten (10) Business Days with respect to any single Scheduled Product unless an early Termination Date shall have been declared and notice thereof pursuant to Section 5.2 given, and

Appears in 6 contracts

Samples: Wholesale Renewable Power Purchase Agreement, Wholesale Renewable Power Purchase Agreement, Wholesale Renewable Power Purchase Agreement

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Suspension of Performance. Notwithstanding any other provision of this Agreement, if an Event of Default shall have occurred and be continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, shall have the right (i) to suspend performance under this Agreement; provided, however, that in no event shall any such suspension continue for longer than ten (10) Business Days with respect to any single Scheduled Product unless an early Early Termination Date shall have been declared and notice thereof given pursuant to Section 5.2 given, and11.2.

Appears in 5 contracts

Samples: Capacity Purchase Agreement, Capacity Purchase Agreement, Capacity Purchase Agreement

Suspension of Performance. Notwithstanding any other provision of this Agreement, if an Event of Default shall have occurred and be continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, shall have the right (i) to suspend performance under this Agreement; provided, however, in no event shall any such suspension continue for longer than ten (10) Business Days with respect to any single Scheduled Product unless an early Termination Date shall have been declared and notice thereof pursuant to Section 5.2 given, andten

Appears in 4 contracts

Samples: Wholesale Renewable Power and Storage Capacity Purchase Agreement, Wholesale Renewable Power and Storage Capacity Purchase Agreement, Wholesale Renewable Power Purchase Agreement

Suspension of Performance. Notwithstanding any other provision of this Agreement, if an Event of Default shall have occurred and be continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, shall have the right (i) to suspend performance under this Agreement; provided, however, that in no event shall any such suspension continue for longer than ten (10) Business Days with respect to any single Scheduled Product unless an early Early Termination Date shall have been declared and notice thereof given pursuant to Section 5.2 given, and15.2.

Appears in 3 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Suspension of Performance. Notwithstanding any other provision of this Agreement, if an Event of Default shall have has occurred and be is then continuing, the Non-Defaulting defaulting Party, upon written notice to the Defaulting Party, shall have the right right: (ia) to suspend performance under this Agreement; provided, however, in no event shall any such suspension continue for longer than ten (10) Business Days with respect to any single Scheduled Product [TRADE SECRET DATA EXCISED] unless an early Early Termination Date shall have has been declared and notice thereof given pursuant to Section 5.2 given, and17.3; and (b) to exercise any remedies available at law or in equity.

Appears in 2 contracts

Samples: Power Sale Agreement, Power Sale Agreement

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Suspension of Performance. Notwithstanding any other provision of this Agreement, if an Event of Default shall have occurred and be continuingoccurs, the Non-Defaulting Party, upon one (1) day’s prior written notice to the Defaulting Party, shall have the right (i) to suspend performance under this Agreement; provided, however, in no event shall any such suspension continue for longer than ten (10) Business Days with respect to any single Scheduled Product unless an early Termination Date shall have been declared and notice thereof pursuant to Section 5.2 given, andten

Appears in 1 contract

Samples: Full Requirements Load Following Supply Agreement

Suspension of Performance. Notwithstanding any other provision of this Agreement, if an Event of Default shall have occurred and be continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, shall have the right (i) to suspend performance under this Agreementany or all Transactions; provided, however, in no event shall any such suspension continue for longer than ten (10) Business Days with respect to any single Scheduled Product Transaction unless an early Early Termination Date shall have been declared and notice thereof given pursuant to Section 5.2 given8.2, andand (ii) to exercise any remedy available at Law or in equity.

Appears in 1 contract

Samples: Power Supply and Service Agreement (TNP Enterprises Inc)

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