Common use of Utility Defaults Clause in Contracts

Utility Defaults. Developer may give a notice of default under this Agreement (a "Developer Notice of Default") upon the occurrence of any of the following events, unless caused by a breach by Developer of this Agreement (each a "Utility Event of Default"). 10.3.1 The occurrence of any of the following events, except where done for the purpose of merger or reorganization that does not affect the ability of the merged or reorganized entity, as the case may be, to perform its obligations under this Agreement: (a) passage of a resolution by the shareholders of Utility for the winding up of Utility; as they become due; (b) admission in writing by Utility of its inability generally to pay its debts (c) appointment of a Liquidator in a proceeding for the winding up of Utility, after notice to Utility and due hearing; or (d) a court order winding up Utility; 10.3.2 Willful alteration of or tampering by Utility or its employees or agents with the Project or Interconnection Facilities without the prior written consent of Developer, except in situations where such actions are taken to prevent immediate injury, death, or property damage and Utility uses its best efforts to provide Developer with advance notice of the need for such actions; or 10.3.3 Any material breach by Utility of any representation, warranty or covenant in this Agreement.

Utility Defaults. Developer may give a notice of default under this Agreement (a "Developer Notice of Default") upon the occurrence of any of the following events, unless caused by a breach by Developer of this Agreement (each a "Utility Event of Default"). 10.3.1 The occurrence of any of the following events, except where done for the purpose of merger or reorganization that does not affect the ability of the merged or reorganized entity, as the case may be, to perform its obligations under this Agreement: (a) passage of a resolution by the shareholders of Utility for the winding up of Utility; as they become due; (b) admission in writing by Utility of its inability generally to pay its debtsdebts as they become due; (c) appointment of a Liquidator in a proceeding for the winding up of Utility, after notice to Utility and due hearing; or (d) a court order winding up Utility; 10.3.2 Willful alteration of or tampering by Utility or its employees or agents with the Project or Interconnection Facilities without the prior written consent of Developer, except in situations where such actions are taken to prevent immediate injury, death, or property damage and Utility uses its best efforts to provide Developer with advance notice of the need for such actions; or 10.3.3 Any material breach by Utility of any representation, warranty or covenant in this Agreement.