Common use of Termination Remedies Clause in Contracts

Termination Remedies. 6.1. SCE may terminate this Agreement on Notice, which termination becomes effective on the date specified by SCE in such Notice, if: 6.1.1. Producer fails to take all corrective actions specified in any SCE Notice, within the time frame set forth in such Notice, that any Generating Facility is out of compliance with any term of this Agreement; provided, however, if such corrective action falls under a specific termination right under Section 6.1 or 6.2, then the time frame, if any, set forth for such right shall apply; 6.1.2. The Term does not commence within eighteen (18) months of CPUC Approval, subject to any extension of the Term Start Date as a result of Force Majeure as to which Producer is the Claiming Party (subject to Sections 3.2 and 10.4); 6.1.3. Producer or the owner of a Site applies for or participates in the California Solar Initiative or any net energy metering tariff with respect to any Generating Facility at such Site, as set forth in Section 7.12.6 and Section 7.16, respectively; 6.1.4. Producer has not installed any of the equipment or devices necessary for any Generating Facility to satisfy the Gross Power Rating of such Generating Facility, as set forth in Section 4.3.1; 6.1.5. Producer fails to post and maintain the Collateral Requirement pursuant to Section 4, for fifteen (15) days after the same shall have become due and Producer fails to cure such failure to post or maintain within fifteen (15) days after receipt of written demand thereof from SCE; 6.1.6. Producer abandons any Generating Facility; or 6.1.7. Electric output from any Generating Facility ceases for twelve (12) consecutive months. 6.2.1. If any representation or warranty in this Agreement made by the other Party is false or misleading in any material respect when made or when deemed made or repeated if the representation or warranty is continuing in nature, if such misrepresentation or breach of warranty is not remedied within ten (10) Business Days after Notice thereof from the non- breaching Party to the breaching Party; 6.2.2. Except for an obligation to make payment when due, if there is a failure of the other Party to perform any material covenant or obligation set forth in this Agreement (except to the extent such failure provides a separate termination right for the non-breaching Party or to the extent excused by Force Majeure), if such failure is not remedied within thirty (30) days after Notice thereof from the non-breaching Party to the breaching Party; 6.2.3. If the other Party fails to make any payment due and owing under this Agreement, if such failure is not cured within five (5) Business Days after Notice thereof from the non-breaching Party to the breaching Party; 6.2.4. If the other Party becomes Bankrupt;