Termination for APDCL’s Event of Default. Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and APDCL fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 30 (thirty) days, APDCL shall be deemed to be in default of this Agreement (a "APDCL’s Event of Default"), unless the default has occurred solely as a result of any breach of this Agreement by Solar Power Developer or due to Force Majeure. The defaults referred to herein shall include the following: a) APDCL has unreasonably withheld or delayed grant of any approval or permission which the Solar Power Developer is obliged to seek under this Agreement, and thereby caused or likely to cause Material Adverse Effect; b) APDCL is in material breach of any of its obligations, under this Agreement and has failed to cure such breach within 90 (Ninety) days of receipt of notice thereof issued by the Solar Power Developer and which has led to the Project forfeiting the benefits accruing under Applicable Law; c) APDCL has unlawfully repudiated this Agreement or otherwise expressed its intention not to be bound by this Agreement; d) Any representation made or warranty given by APDCL under this Agreement has been found to be false or misleading.
Appears in 9 contracts
Samples: Engineering, Procurement & Construction Agreement, Power Purchase Agreement, Power Purchase Agreement
Termination for APDCL’s Event of Default. Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and APDCL fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 30 (thirty) days, APDCL shall be deemed to be in default of this Agreement (a "APDCL’s Event of Default"), unless the default has occurred solely as a result of any breach of this Agreement by Solar Power Developer or due to Force Majeure. The defaults referred to herein shall include the following:
a) APDCL has unreasonably withheld or delayed grant of any approval or permission which the Solar Power Developer is obliged to seek under this Agreement, and thereby caused or likely to cause Material Adverse Effect;
b) APDCL is in material breach of any of its obligations, under this Agreement and has failed to cure such breach within 90 (Ninety) days of receipt of notice thereof issued by the Solar Power Developer and which has led to the Project forfeiting the benefits accruing under Applicable Law;
c) APDCL has unlawfully repudiated this Agreement or otherwise expressed its intention not to be bound by this Agreement;
d) Any representation made or warranty given by APDCL under this Agreement has been found to be false or misleading.
Appears in 4 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
