Termination for an Event of Default. If an Event of Default with respect to a Defaulting Party shall have occurred and be continuing, any other Party (the “Non- Defaulting Party”) shall have the right to: (i) designate a day, no earlier than the day such notice is effective and no later than 20 days after such notice is effective, as an early termination date (“Early Termination Date”) to accelerate all amounts owing between the Parties; (ii) withhold any payments due to the Defaulting Party under this Agreement; and (iii) suspend performance. The Non-Defaulting Party shall calculate, in a commercially reasonable manner and considering the full period of non-performance from the Early Termination Date through the date of the expiration of the Agreement’s Term, a Termination Payment amount as of the Early Termination Date. As soon as practicable after a termination, notice shall be given by the Non-Defaulting Party to the Defaulting Party of the amount of the Termination Payment and whether the Termination Payment is due to or due from the Non-Defaulting Party. The notice shall include Pa UwBrLitItCen sKtEatNeTmUeCnKt Yexplaining in reasonable detail the calculation of such amount. The TermLiinndaatiCon. BPraidywmeelnl t shall be made by the Party that owes it within two (2) Business DaEyxsecaufttiveer Dsuirecchtonrotice is Defaulting Party’s calculation of Defaulting Party shall, within two lting Party’s calculation of the effective. If the Defaulting Party disputes the Non- the Termination Payment, in whole or in part, the
Appears in 3 contracts
Samples: Purchase Agreement, Commercial and Industrial Renewable Energy Program Purchase Agreement, Commercial and Industrial Renewable Energy Program Purchase Agreement
Termination for an Event of Default. If an Event of Default with respect to a Defaulting Party shall have occurred and be continuing, any other Party (the “Non- Defaulting Party”) shall have the right to: (i) designate a day, no earlier than the day such notice is effective and no later than 20 days after such notice is effective, as an early termination date (“Early Termination Date”) to accelerate all amounts owing between the Parties; (ii) withhold any payments due to the Defaulting Party under this Agreement; and (iii) suspend performance. The Non-Defaulting Party shall calculate, in a commercially reasonable manner and considering the full period of non-performance from the Early Termination Date through the date of the expiration of the Agreement’s Term, a Termination Payment amount as of the Early Termination Date. As soon as practicable after a termination, notice shall be given by the Non-Defaulting Party to the Defaulting Party of the amount of the Termination Payment and whether the Termination Payment is due to or due from the Non-Defaulting Party. The notice shall include Pa UwBrLitItCen sKtEatNeTmUeCnKt Yexplaining a written statement explaining in reasonable detail the calculation of such amount. The TermLiinndaatiCon. BPraidywmeelnl t Termination Payment shall be made by the Party that owes it within two (2) Business DaEyxsecaufttiveer Dsuirecchtonrotice Days after such notice is Defaulting Party’s calculation of Defaulting Party shall, within two lting Party’s calculation of the effective. If the Defaulting Party disputes the Non- Non-Defaulting Party’s calculation of the Termination Payment, in whole or in part, thethe Defaulting Party shall, within two (2) Business Days of receipt of the Non-D Termination Payment to be held Termination Payment, provide to the Non-D explanation of the basis for such dispute; provi Payment is due from the Defaulting Party, the to the Non-Defaulting Party an amount equal t in escrow pending the outcome of the dispute.
Appears in 2 contracts
Samples: Commercial and Industrial Renewable Energy Program Purchase Agreement, Purchase Agreement
Termination for an Event of Default. If an Event of Default with respect to a Defaulting Party shall have occurred and be continuing, any other Party (the “Non- Defaulting Party”) shall have the right to: (i) designate a day, no earlier than the day such notice is effective and no later than 20 days after such notice is effective, as an early termination date (“Early Termination Date”) to accelerate all amounts owing between the Parties; (ii) withhold any payments due to the Defaulting Party under this Agreement; and (iii) suspend performance. The Non-Defaulting Party shall calculate, in a commercially reasonable manner and considering the full period of non-performance from the Early Termination Date through the date of the expiration of the Agreement’s Term, a Termination Payment amount as of the Early Termination Date. As soon as practicable after a termination, notice shall be given by the Non-Defaulting Party to the Defaulting Party of the amount of the Termination Payment and whether the Termination Payment is due to or due from the Non-Defaulting Party. The notice shall include Pa UwBrLitItCen sKtEatNeTmUeCnKt Yexplaining a written statement explaining in reasonable detail the calculation of such amount. The TermLiinndaatiCon. BPraidywmeelnl t Termination Payment shall be made by the Party that owes it within two (2) Business DaEyxsecaufttiveer Dsuirecchtonrotice Days after such notice is Defaulting Party’s calculation of Defaulting Party shall, within two lting Party’s calculation of the effective. If the Defaulting Party disputes the Non- Non-Defaulting Party’s calculation of the Termination Payment, in whole or in part, thethe Defaulting Party shall, within two (2) Business Days of receipt of the Non-Defaulting Party’s calculation of the Termination Payment, provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute; provided, however, that if the Termination Payment is due from the Defaulting Party, the Defaulting Party shall first transfer to the Non-Defaulting Party an amount equal to the Termination Payment to be held in escrow pending the outcome of the dispute.
Appears in 2 contracts
Samples: Commercial and Industrial Renewable Energy Program Purchase Agreement, Renewable Energy Purchase Agreement
Termination for an Event of Default. If an Event of Default with respect to a Defaulting Party shall have occurred and be continuing, any other Party (the “Non- Defaulting Party”) shall have the right to: (i) designate a day, no earlier than the day such notice is effective and no later than 20 days after such notice is effective, as an early termination date (“Early Termination Date”) to accelerate all amounts owing between the Parties; (ii) withhold any payments due to the Defaulting Party under this Agreement; and (iii) suspend performance. The Non-Defaulting Party shall calculate, in a commercially reasonable manner and considering the full period of non-performance from the Early Termination Date through the date of the expiration of the Agreement’s Term, a Termination Payment amount as of the Early Termination Date. As soon as practicable after a termination, notice shall be given by the Non-Defaulting Party to the Defaulting Party of the amount of the Termination Payment and whether the Termination Payment is due to or due from the Non-Defaulting Party. The notice shall include Pa UwBrLitItCen sKtEatNeTmUeCnKt Yexplaining a written statement explaining in reasonable detail the calculation of such amount. The TermLiinndaatiCon. BPraidywmeelnl t Termination Payment shall be made by the Party that owes it within two (2) Business DaEyxsecaufttiveer Dsuirecchtonrotice Days after such notice is Defaulting Party’s calculation of Defaulting Party shall, within two lting Party’s calculation of the effective. If the Defaulting Party disputes the Non- owever, that if the Ter lting Party shall first of the Termination Payment, in whole or in partpa two (2) Business Days of receipt of the Non- Termination Payment, theprovide to the Non- explanation of the basis for such dispute; provid Payment is due from the Defaulting Party, the to the Non-Defaulting Party an amount equal to the Termination Payment to be held in escrow pending the outcome of the dispute.
Appears in 2 contracts
Samples: Renewable Energy Purchase Agreement, Renewable Energy Purchase Agreement
Termination for an Event of Default. If an Event of Default with respect to a Defaulting Party shall have occurred and be continuing, any other Party (the “Non- Defaulting Party”) shall have the right to: (i) designate a day, no earlier than the day such notice is effective and no later than 20 days after such notice is effective, as an early termination date (“Early Termination Date”) to accelerate all amounts owing between the Parties; (ii) withhold any payments due to the Defaulting Party under this Agreement; and (iii) suspend performance. The Non-Defaulting Party shall calculate, in a commercially reasonable manner and considering the full period of non-performance from the Early Termination Date through the date of the expiration of the Agreement’s Term, a Termination Payment amount as of the Early Termination Date. As soon as practicable after a termination, notice shall be given by the Non-Defaulting Party to the Defaulting Party of the amount of the Termination Payment and whether the Termination Payment is due to or due from the Non-Defaulting Party. The notice shall include Pa UwBrLitItCen sKtEatNeTmUeCnKt Yexplaining a written statement explaining in reasonable detail the calculation of such amount. The TermLiinndaatiCon. BPraidywmeelnl t Termination Payment shall be made by the Party that owes it within two (2) Business DaEyxsecaufttiveer Dsuirecchtonrotice Days after such notice is Defaulting Party’s calculation of Defaulting Party shall, within two lting Party’s calculation of the effective. If the Defaulting Party disputes the Non- Non-Defaulting Party’s calculation of the Termination Payment, in whole or in part, thethe Defaulting Party shall, within two
Appears in 2 contracts
Samples: Commercial and Industrial Renewable Energy Program Purchase Agreement, Purchase Agreement
Termination for an Event of Default. If an Event of Default with respect to a Defaulting Party shall have occurred and be continuing, any other Party (the “Non- Defaulting Party”) shall have the right to: (i) designate a day, no earlier than the day such notice is effective and no later than 20 days after such notice is effective, as an early termination date (“Early Termination Date”) to accelerate all amounts owing between the Parties; (ii) withhold any payments due to the Defaulting Party under this Agreement; and (iii) suspend performance. The Non-Defaulting Party shall calculate, in a commercially reasonable manner and considering the full period of non-performance from the Early Termination Date through the date of the expiration of the Agreement’s Term, a Termination Payment amount as of the Early Termination Date. As soon as practicable after a termination, notice shall be given by the Non-Defaulting Party to the Defaulting Party of the amount of the Termination Payment and whether the Termination Payment is due to or due from the Non-Defaulting Party. The notice shall include Pa UwBrLitItCen sKtEatNeTmUeCnKt Yexplaining a written statement explaining in reasonable detail the calculation of such amount. The TermLiinndaatiCon. BPraidywmeelnl t Termination Payment shall be made by the Party that owes it within two (2) Business DaEyxsecaufttiveer Dsuirecchtonrotice Days after such notice is Defaulting Party’s calculation of Defaulting Party shall, within two lting Party’s calculation of the effective. If the Defaulting Party disputes the Non- owever, that if the Term lting Party shall first of the Termination Payment, in whole or in partpa two (2) Business Days of receipt of the Non- Termination Payment, theprovide to the Non- explanation of the basis for such dispute; provid Payment is due from the Defaulting Party, th to the Non-Defaulting Party an amount equal to the Termination Payment to be held in escrow pending the outcome of the dispute.
Appears in 1 contract
Samples: Renewable Energy Purchase Agreement
Termination for an Event of Default. If an Event of Default with respect to a Defaulting Party shall have occurred and be continuing, any other Party (the “Non- Defaulting Party”) shall have the right to: (i) designate a day, no earlier than the day such notice is effective and no later than 20 days after such notice is effective, as an early termination date (“Early Termination Date”) to accelerate all amounts owing between the Parties; (ii) withhold any payments due to the Defaulting Party under this Agreement; and (iii) suspend performance. The Non-Defaulting Party shall calculate, in a commercially reasonable manner and considering the full period of non-performance from the Early Termination Date through the date of the expiration of the Agreement’s Term, a Termination Payment amount as of the Early Termination Date. As soon as practicable after a termination, notice shall be given by the Non-Defaulting Party to the Defaulting Party of the amount of the Termination Payment and whether the Termination Payment is due to or due from the Non-Defaulting Party. The notice shall include Pa UwBrLitItCen sKtEatNeTmUeCnKt Yexplaining a written statement explaining in reasonable detail the calculation of such amount. The TermLiinndaatiCon. BPraidywmeelnl t Termination Payment shall be made by the Party that owes it within two (2) Business DaEyxsecaufttiveer Dsuirecchtonrotice Days after such notice is Defaulting Party’s calculation of Defaulting Party shall, within two lting Party’s calculation of the effective. If the Defaulting Party disputes the Non- owever, that if the Term lting Party shall first of the Termination Payment, in whole or in partpa two (2) Business Days of receipt of the Non- Termination Payment, theprovide to the Non- explanation of the basis for such dispute; provid Payment is due from the Defaulting Party, the to the Non-Defaulting Party an amount equal to the Termination Payment to be held in escrow pending the outcome of the dispute.
Appears in 1 contract
Samples: Renewable Energy Purchase Agreement
Termination for an Event of Default. If an Event of Default with respect to a Defaulting Party shall have occurred and be continuing, any other Party (the “Non- Non-Defaulting Party”) shall have the right to: (i) designate a day, no earlier than the day such notice is effective and no later than 20 days after such notice is effective, as an early termination date (“Early Termination Date”) to accelerate all amounts owing between the Parties; (ii) withhold any payments due to the Defaulting Party under this Agreement; and (iii) suspend performance. The Non-Defaulting Party shall calculate, in a commercially reasonable manner and considering the full period of non-performance from the Early Termination Date through the date of the expiration of the Agreement’s Term, a Termination Payment amount as of the Early Termination Date. As soon as practicable after a termination, notice shall be given by the Non-Defaulting Party to the Defaulting Party of the amount of the Termination Payment and whether the Termination Payment is due to or due from the Non-Defaulting Party. The notice shall include Pa UwBrLitItCen sKtEatNeTmUeCnKt Yexplaining a written statement explaining in reasonable detail the calculation of such amount. The TermLiinndaatiCon. BPraidywmeelnl t Termination Payment shall be made by the Party that owes it within two (2) Business DaEyxsecaufttiveer Dsuirecchtonrotice Days after such notice is Defaulting Party’s calculation of Defaulting Party shall, within two lting Party’s calculation of the effective. If the Defaulting Party disputes the Non- Non-Defaulting Party’s calculation of the Termination Payment, in whole or in part, thethe Defaulting Party shall, within two (2) Business Days of receipt of the Non- Defaulting Party’s calculation of the Termination Payment, provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute; provided, however, that if the Termination Payment is due from the Defaulting Party, the Defaulting Party shall first transfer to the Non-Defaulting Party an amount equal to the Termination Payment to be held in escrow pending the outcome of the dispute.
Appears in 1 contract
Samples: Renewable Energy Purchase Agreement
Termination for an Event of Default. If an Event of Default with respect to a Defaulting ion PaPyUmBeLnItCamKoEuNntTUasCoKfYthe Early SERVICE COMMISSION mination, Xxxxx xX. Xxxxxxxx by the noticeExsehcautlivbeeDigreivcteonr m Party shall have occurred and be continuingcontinuing and notice has been given in accordance with Paragraph 22 and any cure period(s) required in this Agreement have run, any other Party party (the “Non- Non-Defaulting Party”) shall have the right to: (i) designate a day, no earlier than the day such notice is effective and no later than 20 ten (10) days after such notice is effective, as an early termination date (“Early Termination Date”) to accelerate all amounts owing between the Partiesparties; (ii) withhold any payments due to the Defaulting Party under this Agreement; and (iii) suspend performance. The Non-Defaulting Party shall calculate, in a commercially reasonable manner and considering the full period of non-performance from the Early Termination Date through the date of the expiration of the Agreement’s Initial Term, or any subsequent Renewal Term, a Terminat ount of the Termination Payment amount as of the Early Termination Date. As soon as practicable after a termination, notice shall be given by the ter Non-Defaulting Party to the Defaulting Party of the amount of the Termination Payment a and whether the Termination Payment is due to or due from the Non-Defaulting Party. The notice shall include Pa UwBrLitItCen sKtEatNeTmUeCnKt Yexplaining a written statement explaining in reasonable detail the calculation of such amount. The TermLiinndaatiCon. BPraidywmeelnl t Termination Payment shall be made by the Party party that owes it within two twenty (220) Business DaEyxsecaufttiveer Dsuirecchtonrotice business days after such notice is Defaulting Party’s calculation of Defaulting Party shall, within two lting Party’s calculation of the effective. If the Defaulting Party disputes the Non- Non-Defaulting Party’s calculation of the Termination Payment, in whole or in part, thethe Defaulting Party shall, within twenty (20) business days of receipt of the Non- Defaulting Party’s calculation of the Termination Payment, provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute; provided, however, that if the Termination Payment is due from the Defaulting Party, the Defaulting Party shall first transfer to the Non-Defaulting Party an amount equal to the Termination Payment to be held in escrow pending the outcome of the dispute.
Appears in 1 contract
Samples: Industrial Power Agreement
Termination for an Event of Default. If an Event of Default with respect to a T Defaulting Party shall have occurred and be continuing, any other Party (the “Non- clude Pa UwBrLitItCen sKtEatNeTmUeCnKt Yexplaining SERVICE COMMISSION unt. The TermLiinndaatiCon. BPraidywmeelnl t shall ) Business DaEyxsecaufttiveer Dsuirecchtonrotice xxxx- he fau Defaulting Party”) shall have the right to: (i) designate a day, no earlier than the day such notice is effective and no later than 20 days after such notice is effective, as an early termination date (“Early Termination Date”) to accelerate all amounts owing between the Parties; (ii) withhold any payments due to the Defaulting Party under this Agreement; and (iii) suspend performance. The Non-Defaulting Party shall calculate, in a commercially reasonable manner and considering the full period of non-performance from the Early Termination Date through the date of the expiration of the Agreement’s Term, a Termination Payment amount as of the Early Termination Date. As soon as practicable after a termination, notice shall be given by the Non-Defaulting Party to the Defaulting Party of the amount of the Termination Payment and whether the Termination Payment is due to or due from the Non-Defaulting Party. The notice shall include Pa UwBrLitItCen sKtEatNeTmUeCnKt Yexplaining in reasonable detail the calculation of such amount. The TermLiinndaatiCon. BPraidywmeelnl t shall be made by the Party that owes it within two (2) Business DaEyxsecaufttiveer Dsuirecchtonrotice is Defaulting Party’s calculation of Defaulting Party shall, within two lting Party’s calculation of the in reasonable detail the calculation of such amo be made by the Party that owes it within two (2 effective. If the Defaulting Party disputes the Non- N the Termination Payment, in whole or in part, thet
Appears in 1 contract
Samples: Commercial and Industrial Renewable Energy Program Purchase Agreement
Termination for an Event of Default. If an Event of Default with respect to a Defaulting Party shall have occurred and be continuing, any other Party (the “Non- Defaulting Party”) shall have the right to: (i) designate a day, no earlier than the day such notice is effective and no later than 20 days after such notice is effective, as an early termination date (“Early Termination Date”) to accelerate all amounts owing between the Parties; (ii) withhold any payments due to the Defaulting Party under this Agreement; and (iii) suspend performance. The Non-Defaulting Party shall calculate, in a commercially reasonable manner and considering the full period of PUBLIC SERVICE COMMISSION non-performance from the Early Termination Date through the date of the expiration dKKaEteNToUf tChKeYexpiration of the Agreement’s Term, a Termination Payment amount as amLoiunndta Cas. Borfidwtheell Early g Party of the Early amount of the n Payment is due to or due from e a written statement explaining Termination Date. As soon as practicable after a terminationterminationE, notice shall be xneocutitcivee sDhiraelcltobre given by the Non-Defaulting Party to the Defaulting Party of the amount of the Defaultin Termination Payment and whether the Termination Payment is due to or due from Terminatio the Non-Defaulting Party. The notice shall include Pa UwBrLitItCen sKtEatNeTmUeCnKt Yexplaining includ in reasonable detail the calculation of such amount. The TermLiinndaatiCon. BPraidywmeelnl t Termination Payment shall be made by the Party that owes it within two (2) Business DaEyxsecaufttiveer Dsuirecchtonrotice Days after such notice is Defaulting Party’s calculation of Defaulting Party shall, within two lting Party’s calculation of the effective. If the Defaulting Party disputes the Non- Non-Defaulting Party’s calculation of the Termination Payment, in whole or in part, thethe Defaulting Party shall, within two
Appears in 1 contract
Samples: Purchase Agreement