Examples of Operator Default in a sentence
Notwithstanding anything herein to the contrary and subject to the opportunity to cure provided herein, Operator shall not have any rights under this Article II with respect to a particular Qualifying Opportunity if, at the time of execution of a Lease or Easement for such Qualifying Opportunity, as applicable, (i) the applicable representations and warranties of Operator in Article III are not true and correct in all material respects or (ii) if there exists an uncured Operator Default.
If an Operator Default occurs and is uncured and continuing after the cure periods provided in Section 5.3(b), and without prejudice to any of the Company’s other rights under this Agreement or any other Transaction Document, then during the period in which the Operator Default is continuing, the Company shall have the right to take one or more of the following actions: (a) suspend performance under this Agreement, (b) pursue specific performance, and/or (c) file suit to recover its actual damages, if any.