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
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: Credit Purchase Agreement, Capacity Credit Purchase Agreement, Capacity Credit 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 2 contracts
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: Mw System Power Sale Agreement, 100 Mw System Power Sale 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) NERC 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 11.2 given, andand (ii) to the extent an Event of Default shall have occurred and be continuing to exercise any remedy available at law or in equity.
Appears in 1 contract
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
Suspension of Performance. Notwithstanding any other provision of this Agreement, if (a) an Event of Default or (b) a Potential 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 1 contract
Samples: Resource Adequacy 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)