WITHHOLDING OF FUNDING. Without limitation of any other remedies to which it is entitled hereunder or at law, the Commonwealth shall have the right to withhold the funding granted under this Agreement, in whole or in part, for any of the following reasons, without limitation:
WITHHOLDING OF FUNDING. Without limitation of any other remedies to which it is entitled hereunder or at law, the Department shall have the right to withhold the funding granted under this Grant Agreement, in whole or in part, for any of the following reasons, without limitation:
WITHHOLDING OF FUNDING. The Province will be entitled to withhold payment of any instalment of the Funding, whether before or after Commercial Operation, for so long as the Recipients or the Project Operator, as applicable, are in Default of any obligation under Section 3.3, 3.4, 3.7 and 5.1 through 5.8; provided that if the Default is an Incurable Default, the Recipients or the Project Operator, as applicable, shall be deemed to no longer be in Default when the Recipients or the Project Operator, as applicable, have (i) communicated to the Province,
WITHHOLDING OF FUNDING. The Province will be entitled to withhold payment of any instalment of the Funding to a Recipient at any time for so long as the Recipients are in Default (as defined in Section 6.3) of any obligation under Section 3.3, 3.4, 3.7, 3.8 and 5.1 through 5.7; provided that if the Default is an Incurable Default (as defined in Section 6.3), the Recipients shall be deemed to no longer be in Default when the Recipients have (i) communicated to the Province, (ii) initiated, and (iii) diligently pursued to completion, a commercially reasonable course of action designed to mitigate the consequences of the Incurable Default to the maximum extent practicable.
