Common use of Terms of Agreement and Termination Clause in Contracts

Terms of Agreement and Termination. 19.1. This Agreement shall become null and void if all terms and conditions, as required by the CEB’s Conditions of Service, Annex 2 of this Agreement, SSDG Grid Codes, Electricity Act, Electricity Regulations and Section 21, are not duly met. 19.2. This Agreement shall become null and void provided the construction of the Facility has been completed within a period of six months as from the date of the signing of the Agreement, except if CEB has agreed otherwise. 19.3. This Agreement shall become effective as from the COD subject to the fulfilment of the Section 21 of this Agreement, and shall continue in effect for a period of twenty years as from the date of the COD, unless terminated in accordance with Subsections 19.5 or 19.6. 19.4. This Agreement may be extended for a period to be mutually agreed by the Parties provided a notice of extension by either Party is issued before the expiry of the Agreement or, by mutual covenant, any other times deemed appropriate. 19.5. CEB may terminate this Agreement upon any material breach of this Agreement by the Prosumer ( the “Prosumer’s Default”); if the Prosumer fails to remedy the Prosumer’s Default within the applicable cure period referred to in Subsection 19.7after receipt of a written notice of the Prosumer’s Default and the intended termination from CEB. 19.5.1 The Parties to this Agreement acknowledge and agree that any breach of the representations and warranties, as sets out at Subsection 9.1 of this Agreement, by the Prosumer shall render this Agreement null and void to all intents and purposes. 19.6. The Prosumer may terminate this Agreement upon any material breach of this Agreement by CEB (a "CEB Default"); if CEB fails to remedy the CEB Default within the applicable cure period referred to in Subsection 19.7 after receipt of a written notice of the CEB Default and intended termination from the Prosumer. 19.6.1 The Parties to this Agreement acknowledge and agree that any breach of the representations and warranties, as sets out at Subsection 9.2 of this Agreement, by the CEB shall render this Agreement null and void to all intents and purposes. 19.7. The relevant Party shall cure a default within a reasonable period of time, which shall not be longer than ninety working days, except for force majeure. 19.8. Termination of this Agreement for any reason shall not affect the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination or that expressly applies in relation to the disconnection of the Facility following termination of this Agreement. 19.9. Subject to Section 16 above, termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it, including injunctive relief. 19.10. The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. 19.11. Subsections 19.7 to 19.9 shall survive termination of this Agreement.

Appears in 2 contracts

Samples: Connection Agreement, Connection Agreement

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Terms of Agreement and Termination. 19.1. This Agreement shall become null and void if all terms and conditions, as required by the CEB’s Conditions of Service, Annex 2 of this Agreement, SSDG SSDG/MSDG Grid Codes, Electricity Act, Electricity Regulations and Section 21, are not duly met. 19.2. This Agreement shall become null and void provided the construction of the Facility has been completed started within a period of six months as from the date of the signing of the Agreement, except if CEB has agreed otherwise. 19.3. This Agreement shall become effective as from the COD subject to the fulfilment of the Section 21 of this Agreement, Agreement and shall continue in effect for a period of twenty years as from the date of the COD, unless terminated in accordance with Subsections 19.5 or 19.6. 19.4. This Agreement may be extended for a period to be mutually agreed by the Parties provided a notice of extension by either Party is issued before the expiry of the Agreement or, by mutual covenant, any other times deemed appropriate. 19.5. CEB may terminate this Agreement upon any material breach of this Agreement by the Prosumer ( Facility Owner (the “Prosumer’s Default”); if the Prosumer latter fails to remedy the Prosumer’s Default within the applicable cure period referred to in Subsection 19.7after 19.7 after receipt of a written notice of the Prosumer’s Default and the intended termination from CEB. 19.5.1 The Parties to this Agreement acknowledge and agree that any breach of the representations and warranties, as sets out at Subsection 9.1 of this Agreement, by the Prosumer Facility Owner shall render this Agreement null and void to all intents and purposes. 19.6. The Prosumer Facility Owner may terminate this Agreement upon any material breach of this Agreement by CEB (a "CEB Default"); if CEB fails to remedy the CEB Default within the applicable cure period referred to in Subsection 19.7 after receipt of a written notice of the CEB Default and intended termination from the Prosumer. 19.6.1 The Parties to this Agreement acknowledge and agree that any breach of the representations and warranties, as sets out at Subsection 9.2 of this Agreement, by the CEB shall render this Agreement null and void to all intents and purposes. 19.7. The relevant Party shall cure a default within a reasonable period of time, which shall not be longer than ninety working days, except for force majeure. 19.8. Termination of this Agreement for any reason shall not affect the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination or that expressly applies in relation to the disconnection of the Facility following termination of this Agreement. 19.9. Subject to Section 16 above, termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it, including injunctive relief. 19.10. The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. 19.11. Subsections 19.7 to 19.9 shall survive termination of this Agreement.

Appears in 1 contract

Samples: Connection Agreement

Terms of Agreement and Termination. 19.118.1. This Agreement shall become null and void if all terms and conditions, as required by the CEB’s Conditions of Service, Annex 2 of this Agreement, SSDG SSDG/MSDG Grid Codes, Electricity Act, Electricity Regulations and Section 2120, are not duly met. 19.218.2. This Agreement shall become null and void provided the construction of the Facility has been completed within a period of six months as from the date of the signing of the Agreement, except if CEB has agreed otherwise. 19.318.3. This Agreement shall become effective as from the COD subject to the fulfilment of the Section 21 20 of this Agreement, and shall continue in effect for a period of twenty years as from the date of the COD, unless terminated in accordance with Subsections 19.5 18.5 or 19.618.6. 19.418.4. This Agreement may be extended for a period to be mutually agreed by the Parties provided a notice of extension by either Party is issued before the expiry of the Agreement or, by mutual covenant, any other times deemed appropriate. 19.518.5. CEB may terminate this Agreement upon any material breach of this Agreement by the Prosumer ( Smart City Company (the “ProsumerSmart City Company’s Default”); if the Prosumer Smart City Company fails to remedy the ProsumerSmart City Company’s Default within the applicable cure period referred to in Subsection 19.7after 18.7 after receipt of a written notice of the ProsumerSmart City Company’s Default and the intended termination from CEB. 19.5.1 18.5.1 The Parties to this Agreement acknowledge and agree that any breach of the representations and warranties, as sets out at Subsection 9.1 of this Agreement, by the Prosumer Smart City Company shall render this Agreement null and void to all intents and purposes. 19.618.6. The Prosumer Smart City Company may terminate this Agreement upon any material breach of this Agreement by CEB (a "CEB Default"); if CEB fails to remedy the CEB Default within the applicable cure period referred to in Subsection 19.7 18.7 after receipt of a written notice of the CEB Default and intended termination from the ProsumerSmart City Company. 19.6.1 18.6.1 The Parties to this Agreement acknowledge and agree that any breach of the representations and warranties, as sets out at Subsection 9.2 of this Agreement, by the CEB shall render this Agreement null and void to all intents and purposes. 19.718.7. The relevant Party shall cure a default within a reasonable period of time, which shall not be longer than ninety working days, except for force majeure. 19.818.8. Termination of this Agreement for any reason shall not affect the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination or that expressly applies in relation to the disconnection of the Facility following termination of this Agreement. 19.918.9. Subject to Section 16 above, termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it, including injunctive relief. 19.1018.10. The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. 19.1118.11. Subsections 19.7 18.7 to 19.9 18.9 shall survive termination of this Agreement.

Appears in 1 contract

Samples: Connection Agreement

Terms of Agreement and Termination. 19.1. This Agreement shall become null and void if all terms and conditions, as required by the CEB’s Conditions of Service, Annex 2 of this Agreement, SSDG Grid CodesTechnical Schedules, Electricity Act, Electricity Regulations and Section 21, are not duly met. 19.2. This Agreement shall become null and void provided the construction of the Facility has been completed within a period of six started no later than 11 (eleven) months as from the date of the signing execution of the Agreement, this Agreement except if CEB has agreed otherwise. 19.3. This Agreement shall become effective as from the COD subject to the fulfilment of the Section 21 of this Agreement, and shall continue in effect for a period of twenty years as from the date of the COD, unless terminated in accordance with Subsections 19.5 or 19.6.Commercial Operation Date 19.4. This Agreement may be extended for a period to be mutually agreed by the Parties provided a notice of extension by either Party is issued before the expiry of the Agreement or, by mutual covenant, any other times deemed appropriate. 19.5. CEB may terminate this Agreement upon any material breach of this Agreement by the Prosumer ( Facility Owner (the “Prosumer’s Default”); if the Prosumer latter fails to remedy the Prosumer’s Default within the applicable cure period referred to in Subsection 19.7after 19.7 after receipt of a written notice of the Prosumer’s Default and the intended termination from CEB. 19.5.1 19.5.1. The Parties to this Agreement acknowledge and agree that any breach of the representations and warranties, as sets out at Subsection 9.1 of this Agreement, by the Prosumer Facility Owner shall render this Agreement null and void to all intents and purposes. 19.6. The Prosumer Facility Owner may terminate this Agreement upon any material breach of this Agreement by CEB (a "CEB Default"); if CEB fails to remedy the CEB Default within the applicable cure period referred to in Subsection 19.7 after receipt of a written notice of the CEB Default and intended termination from the Prosumer. 19.6.1 19.6.1. The Parties to this Agreement acknowledge and agree that any breach of the representations and warranties, as sets out at Subsection 9.2 of this Agreement, by the CEB shall render this Agreement null and void to all intents and purposes. 19.7. The relevant Party shall cure a default within a reasonable period of time, which shall not be longer than ninety 90 (ninety) working days, except for force majeure. 19.8. Termination of this Agreement for any reason shall not affect the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination or that expressly applies in relation to the disconnection of the Facility following termination of this Agreement. 19.9. Subject to Section 16 above, termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it, including injunctive relief. 19.10. The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. 19.11. Subsections 19.7 to 19.9 shall survive termination of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

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Terms of Agreement and Termination. 19.118.1. This Agreement shall become null and void if all terms and conditions, as required by the CEB’s Conditions of Service, Annex 2 of this Agreement, SSDG SSDG/MSDG Grid Codes, Electricity Act, Electricity Regulations and Section 2120, are not duly met. 19.218.2. This Agreement shall become null and void provided the construction of the Facility has been completed within a period of six months as from the date of the signing of the Agreement, except if CEB has agreed otherwise. 19.318.3. This Agreement shall become effective as from the COD subject to the fulfilment of the Section 21 20 of this Agreement, and shall continue in effect for a period of twenty years as from the date of the COD, unless terminated in accordance with Subsections 19.5 18.5 or 19.618.6. 19.418.4. This Agreement may be extended for a period to be mutually agreed by the Parties provided a notice of extension by either Party is issued before the expiry of the Agreement or, by mutual covenant, any other times deemed appropriate. 19.518.5. CEB may terminate this Agreement upon any material breach of this Agreement by the Prosumer ( Public Sector Entity (the “ProsumerPublic Sector Entity’s Default”); if the Prosumer Public Sector Entity fails to remedy the ProsumerPublic Sector Entity’s Default within the applicable cure period referred to in Subsection 19.7after 18.7 after receipt of a written notice of the ProsumerPublic Sector Entity’s Default and the intended termination from CEB. 19.5.1 18.5.1 The Parties to this Agreement acknowledge and agree that any breach of the representations and warranties, as sets out at Subsection 9.1 of this Agreement, by the Prosumer Public Sector Entity shall render this Agreement null and void to all intents and purposes. 19.618.6. The Prosumer Public Sector Entity may terminate this Agreement upon any material breach of this Agreement by CEB (a "CEB Default"); if CEB fails to remedy the CEB Default within the applicable cure period referred to in Subsection 19.7 18.7 after receipt of a written notice of the CEB Default and intended termination from the ProsumerPublic Sector Entity. 19.6.1 18.6.1 The Parties to this Agreement acknowledge and agree that any breach of the representations and warranties, as sets out at Subsection 9.2 of this Agreement, by the CEB shall render this Agreement null and void to all intents and purposes. 19.718.7. The relevant Party shall cure a default within a reasonable period of time, which shall not be longer than ninety working days, except for force majeure. 19.818.8. Termination of this Agreement for any reason shall not affect the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination or that expressly applies in relation to the disconnection of the Facility following termination of this Agreement. 19.918.9. Subject to Section 16 above, termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it, including injunctive relief. 19.1018.10. The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. 19.1118.11. Subsections 19.7 18.7 to 19.9 18.9 shall survive termination of this Agreement.

Appears in 1 contract

Samples: Connection Agreement

Terms of Agreement and Termination. 19.1. This Agreement shall become null and void if all terms and conditions, as required by the CEB’s Conditions of Service, Annex 2 of this Agreement, SSDG Grid CodesTechnical Schedules, Electricity Act, Electricity Regulations and Section 21, are not duly met. 19.2. This Agreement shall become null and void provided the construction of the Facility has been completed within a period of six started no later than 11 (eleven) months as from the date of the signing execution of the this Agreement, except if CEB has agreed otherwise. 19.3. This Agreement shall become effective as from the COD Commercial Operation Date (“COD”) subject to the fulfilment of the Section 21 of this Agreement, Agreement and shall continue in effect for a period of twenty 20 (twenty) years as from the date of the COD, unless terminated in accordance with Subsections 19.5 or 19.6. 19.4. This Agreement may be extended for a period to be mutually agreed by the Parties provided a notice of extension by either Party is issued before the expiry of the Agreement or, by mutual covenant, any other times deemed appropriate. 19.5. CEB may terminate this Agreement upon any material breach of this Agreement by the Prosumer ( Facility Owner (the “Prosumer’s Default”); if the Prosumer latter fails to remedy the Prosumer’s Default within the applicable cure period referred to in Subsection 19.7after 19.7 after receipt of a written notice of the Prosumer’s Default and the intended termination from CEB. 19.5.1 19.5.1. The Parties to this Agreement acknowledge and agree that any breach of the representations and warranties, as sets out at Subsection 9.1 of this Agreement, by the Prosumer Facility Owner shall render this Agreement null and void to all intents and purposes. 19.6. The Prosumer Facility Owner may terminate this Agreement upon any material breach of this Agreement by CEB (a "CEB Default"); if CEB fails to remedy the CEB Default within the applicable cure period referred to in Subsection 19.7 after receipt of a written notice of the CEB Default and intended termination from the Prosumer. 19.6.1 19.6.1. The Parties to this Agreement acknowledge and agree that any breach of the representations and warranties, as sets out at Subsection 9.2 of this Agreement, by the CEB shall render this Agreement null and void to all intents and purposes. 19.7. The relevant Party shall cure a default within a reasonable period of time, which shall not be longer than ninety 90 (ninety) working days, except for force majeure. 19.8. Termination of this Agreement for any reason shall not affect the liabilities of either Party that were incurred or arose under this Agreement prior to the time of termination or that expressly applies in relation to the disconnection of the Facility following termination of this Agreement. 19.9. Subject to Section 16 above, termination of this Agreement for any reason shall be without prejudice to the right of the terminating Party to pursue all legal and equitable remedies that may be available to it, including injunctive relief. 19.10. The rights and remedies set out in this Agreement are not intended to be exclusive but rather are cumulative and are in addition to any other right or remedy otherwise available to a Party at law or in equity. 19.11. Subsections 19.7 to 19.9 shall survive termination of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

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