Termination for Failure to Achieve Commercial Operation Sample Clauses

Termination for Failure to Achieve Commercial Operation. If the Facility has not achieved Commercial Operation within ninety (90) days after the Guaranteed Commercial Operation Date, as it may be extended as provided herein, Buyer may elect to terminate this Agreement in accordance with Sections 11.1(b)(ii) and 11.2.
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Termination for Failure to Achieve Commercial Operation. If the Facility has not achieved Commercial Operation by the Guaranteed Commercial Operation Date (as extended pursuant to the terms of this Exhibit B), Buyer may elect to terminate this Agreement in accordance with Sections 11.1(b)(ii) and 11.2;
Sample 1
Termination for Failure to Achieve Commercial Operation. If the Facility has not achieved Construction Start on or before one-hundred eighty (180) days after Guaranteed Construction Start Date or Commercial Operation on or before one hundred eighty (180) days after the Guaranteed Commercial Operation Date (as each may be extended by a Developer Cure Period), Buyer or Seller may elect to terminate this Agreement in accordance with Sections 2.6, 11.1(b)(i), 11.1(b)(ii) and 11.2, as applicable.
Sample 1
Termination for Failure to Achieve Commercial Operation. Philxxxx xxxll have the right to terminate this Agreement upon ten (10) days written notice of the Partnership in the event the Commercial Operation Date has not occurred on or before July 12, 2000, unless the Commercial Operation Date does not occur on such date due to Philxxxx xxxng in an Event of Default or as a result of a Force Majeure Event, in which case the termination date for such failure to achieve the Commercial Operation Date shall be extended by one day for each day of such Event of Default or such Force Majeure Event, as the case may be, but shall not be extended for more than three hundred sixty-five (365) days due solely to Force Majeure Events.
Sample 1
Termination for Failure to Achieve Commercial Operation. This agreement shall terminate without further action by either party on the day that is three-hundred and sixty-five (365) days after the date of this agreement if the Commercial Operation Date has not occurred prior to such day. Neither party shall be liable to the other party for damages with respect to any termination occurring under this Section 2.2.1.
Sample 1

Related to Termination for Failure to Achieve Commercial Operation

  • Termination for Force Majeure In the event of a force majeure that lasts longer than thirty (30) days from the date that a Party claiming relief due to the force majeure event gives notice to the other Party, the Party not claiming relief under the force majeure event may terminate this Agreement upon written notice to the other Party. For the avoidance of doubt, the COVID-19 pandemic does not constitute a force majeure event.

  • Termination for Default The County may, by written notice to the Contractor terminate this contract for default in whole or in part (delivery orders, if applicable) if the Contractor fails to:

  • Termination for Material Breach If either Party (the “Non-Breaching Party”) believes that the other Party (the “Breaching Party”) has materially breached one or more of its material obligations under this Agreement, then the Non-Breaching Party may deliver notice of such material breach to the Breaching Party (a “Default Notice”). If the Breaching Party does not dispute that it has committed a material breach of one or more of its material obligations under this Agreement, then if the Breaching Party fails to cure such breach within *** days after receipt of the Default Notice, or if such compliance cannot be fully achieved through diligent efforts within such *** day period but the Breaching Party has failed to promptly commence compliance or has failed to use diligent efforts to achieve full compliance as soon thereafter as is reasonably possible, or if full compliance is not achieved in any event within *** days after receipt of the Default Notice, then the Non-Breaching Party may terminate this Agreement upon written notice to the Breaching Party. If the Breaching Party disputes that it has materially breached one or more of its material obligations under this Agreement, the dispute shall be resolved pursuant to Section 11.7. If, as a result of the application of such dispute resolution procedures, the Breaching Party is determined to be in material breach of one or more of its material obligations under this Agreement (an “Adverse Ruling”), then if the Breaching Party fails to cure any breach specified by the Adverse Ruling within *** days after such ruling, or if such compliance cannot be fully achieved through diligent efforts within such *** day period but the Breaching Party has failed to promptly commence compliance or has failed to use diligent efforts to achieve full compliance as soon thereafter as is reasonably possible, or if full compliance is not achieved in any event within *** days after the Adverse Ruling, then the Non-Breaching Party may terminate this Agreement upon written notice to the Breaching Party.

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