Termination for Supplier Default. 19.1.1 Subject to Applicable Laws and save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Supplier 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 90 (ninety) days, the Supplier shall be deemed to be in default of this Agreement (the “Supplier Default”), unless the default has occurred as a result of any breach of this Agreement by the Utility or due to Force Majeure. The defaults referred to herein shall include the following:
(a) The Performance Security has been encashed and appropriated in accordance with Clause 9.2 and the Supplier fails to replenish or provide fresh Performance Security within a Cure Period of 15 (fifteen) days;
(b) subsequent to the replenishment or furnishing of fresh Performance Security in accordance with Clause 9.2, the Supplier fails to meet any Condition Precedent or cure the Supplier Default, as the case may be, for which whole or part of the Performance Security was appropriated, within a Cure Period of 120 (one hundred and twenty) days;
(c) the Supplier has failed to make any payment to the Utility within the period specified in this Agreement;
(d) a breach of the Fuel Supply Agreement or any other Project Agreements by the Supplier and/or Developer has caused a Material Adverse Effect;
(e) the Supplier or Developer creates any Encumbrance in breach of this Agreement;
(f) the Supplier repudiates this Agreement or otherwise takes any action or evidences or conveys an intention not to be bound by the Agreement and fails to pay Damages in accordance with the provisions of this Agreement;
(g) “the Power Purchase Agreement between the Supplier and the Developer stands expired, cancelled or terminated, for any reason whatsoever;”
(h) the Supplier schedules electricity, produced from Contracted Capacity, for sale to Buyers in breach of this Agreement and fails to pay Damages in accordance with the provisions of Clause 14.1.3;
(i) a Change in Ownership has occurred in breach of the provisions of Clause 5.3;
(j) the Supplier and/or Developer fails to achieve a monthly Availability of 70% (seventy per cent) for a period of 4 (four) consecutive months or for a cumulative period of 4 (four) months within any continuous period of 12 (twelve) months, save and except to the extent of Non-Availability caused by (i) a Force Majeure Event, (ii) an act or omission of the Utility, not...
Termination for Supplier Default. 61.1 The Authority may terminate this Contract without penalty by written notice to the Supplier (where such notice shall specify the date of termination being the date of notice or later) upon the occurrence of one or more of the following events:
Termination for Supplier Default. In this Agreement, Supplier Default means one of the following events or circumstances:
7.3.1. a material breach by SmartCitizen of any of its obligations under this Agreement in the provision of all or any of the Services to the Customer;
7.3.2. SmartCitizen ceases to provide all or substantially all of the Services in accordance with this Agreement;
7.3.3. SmartCitizen commits a breach of its obligations under this Agreement which breach results in criminal investigation, prosecution and conviction;
7.3.4. a breach by SmartCitizen to its obligation to take out and maintain the Required Insurances;
7.3.5. the abandonment of the Agreement by SmartCitizen;
Termination for Supplier Default. 61.1 The Authority may terminate this Contract without penalty by written notice to the Supplier (where such notice shall specify the date of termination being the date of notice or later) upon the occurrence of one or more of the following events:
61.1.1 where the Supplier commits a material Default of this Contract and:
(a) the material Default is capable of remedy but which, subject to Clause 38, it has failed to remedy in accordance with the Remedial Plan Process; or
(b) in the reasonable opinion of the Authority the material Default is not capable of remedy;
61.1.2 where the Supplier is in material Default of its State aid obligations set out in Clause 23 and the material Default is capable of remedy (in which case Clause 61.1.1(a) shall apply) or in the reasonable opinion of the Authority the material Default is not capable of remedy (in which case Clause 61.1.1(b) shall apply);
61.1.3 [where the Supplier has failed to Achieve a Milestone by the associated Longstop Date due to Supplier Default;] [Template Note: The Longstop Date concept should be used by the Authority only to the extent there are timing constraints or dependencies on the availability of funding for the Achievement of relevant Milestones]
61.1.4 where an Insolvency Event occurs in respect of the Supplier [and/or the Guarantor]; [Template Note: Guarantor wording needed only if the Supplier is required to procure a Guarantee in relation to a particular Call Off Contract]
Termination for Supplier Default. The Authority may terminate this agreement if the Supplier breaches this agreement, the breach can be remedied and the Supplier does not remedy the breach within 30 days of written notice of the breach given by the Authority. In its notice the Authority will provide specific details of the breach and include a warning that the Authority may terminate this agreement unless the breach is remedied. The agreement will (subject to the provisions of clause 20 (Survival of clauses)) terminate upon service of a second notice by the Authority served within 7 days of expiry of the 30 day period] confirming that it relies upon its right to terminate.
Termination for Supplier Default. 19.1.1 Subject to Applicable Laws and save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Supplier 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 90 (ninety) days, the Supplier shall be deemed to be in default of this Agreement (the “Supplier Default”), unless the default has occurred as a result of any breach of this Agreement by the Utility or due to Force Majeure. The defaults referred to herein shall include the following:
(a) The Performance Security has been encashed and appropriated in accordance with Clause 9.2 and the Supplier fails to replenish or provide fresh Performance Security within a Cure Period of 15 (fifteen) days;
(b) subsequent to the replenishment or furnishing of fresh Performance Security in accordance with Clause 9.2, the Supplier fails to meet any Condition Precedent or cure the Supplier Default, as the case may be, for which whole or part of the Performance Security was appropriated, within a Cure Period of 120 (one hundred and twenty) days;
(c) the Supplier has failed to make any payment to the Utility within the period specified in this Agreement;
Termination for Supplier Default. 61.1 The Authority may terminate this Contract without penalty by written notice to the Supplier (where such notice shall specify the date of termination being the date of notice or later) upon the occurrence of one or more of the following events:
61.1.1 where the Supplier commits a material Default of this Contract and:
(a) the material Default is capable of remedy but which, subject to Clause 38, it has failed to remedy in accordance with the Remedial Plan Process; or
(b) in the reasonable opinion of the Authority the material Default is not capable of remedy;
61.1.2 where the Supplier is in material Default of its State aid obligations set out in Clause 23 and the material Default is capable of remedy (in which case Clause 61.1.1(a) shall apply) or in the reasonable opinion of the Authority the material Default is not capable of remedy (in which case Clause 61.1.1(b) shall apply);
Termination for Supplier Default. 61.1 The Authority may terminate this Contract without penalty by written notice to the Supplier (where such notice shall specify the date of termination being the date of notice or later) upon the occurrence of one or more of the following events:
61.1.1 where the Supplier commits a material Default of this Contract and:
(a) the material Default is capable of remedy but which, subject to Clause 38, it has failed to remedy in accordance with the Remedial Plan Process; or
(b) in the reasonable opinion of the Authority the material Default is not capable of remedy;
61.1.2 where the Supplier is in material Default of its State aid obligations set out in Clause 23 and the material Default is capable of remedy (in which case Clause 61.1.1(a) shall apply) or in the reasonable opinion of the Authority the material Default is not capable of remedy (in which case Clause 61.1.1(b) shall apply);
61.1.3 where the Supplier has failed to Achieve a Milestone by the associated Longstop Date due to Supplier Default;
61.1.4 where an Insolvency Event occurs in respect of the Supplier;
61.1.5 in accordance with Clause 53.2 in relation to a Change of Control;
61.1.6 in accordance with paragraphs 2.3.1 or 2.3.3 of Schedule 6.5 (Remedial Plan Process).
61.2 Termination in accordance with this Clause 61 shall be without prejudice to any right of action or remedy of either Party which has accrued or which subsequently accrues.
