ESCo Termination Grounds means: the Developer is in material or persistent breach of its obligations which substantially prevents ESCo from performing its obligations or exercising its rights under this Agreement or a Customer Supply Agreement and such breach is notified by ESCo to the Developer and:- where the breach is capable of remedy:- the Developer has failed to put forward a reasonable programme setting out how it proposes to remedy the breach (the “Developer Cure Programme”) or commence remedying the breaches specified in such notification within the Developer Cure Period; or the Developer has put forward a Developer Cure Programme but has materially failed to remedy the breaches specified in such notification in accordance with the Developer Cure Period; and/or where the breach is not capable of remedy:- it would be unreasonable to expect ESCo to accept financial compensation for such default (where applicable); and such breach has given ESCo reasonable grounds to believe that the Developer is incapable of properly fulfilling its obligations pursuant to this Agreement; and/or a Major Default is caused by a breach of this Agreement by the Developer and which is not capable of remedy, and in respect of which:- it would be unreasonable to expect ESCo to accept financial compensation for such default (where applicable); and such Major Default has given ESCo reasonable grounds to believe that the Developer is manifestly incapable of properly fulfilling its obligations pursuant to this Agreement; and/or an Insolvency Event occurs in relation to the Developer; and/or the aggregate liability of the Developer to ESCo arising out of or in connection with this Agreement and with respect to any and all claims and costs arising out of or under this Agreement or arising out of the performance or non‑performance of any other obligation of the Developer in connection with this Agreement, including any non‑contractual obligations arising from this Agreement, exceeds the Developer Cap on Liability.
ESCo Termination Grounds means:- (a) the Developer is in material or persistent breach of its obligations which substantially prevents ESCO from performing its obligations or exercising its rights under this Agreement or Customer Supply Agreement and such breach is notified by ESCO to the Developer and:- (i) where the breach is capable of remedy:- (A) the Developer has failed to put forward a reasonable programme setting out how it proposes to remedy the breach (the “Developer Cure Programme”) or commence remedying the breaches specified in such notification within the Developer Cure Period or
Examples of ESCo Termination Grounds in a sentence
On the one hand the exemption method does not disadvantage MNE groups in the jurisdiction where its operations are conducted.