Common use of Additional Seller Events of Default Clause in Contracts

Additional Seller Events of Default. Any of the following events shall constitute an Event of Default of Seller.‌ (a) In the event that the Initial Delivery Date occurs more than one-hundred hundred eighty (180) days after the Guaranteed Initial Delivery Date, excluding any number of days associated with extensions of the Guaranteed Initial Delivery Date for Force Majeure Events as provided by the definition of Guaranteed Initial Delivery Date; (b) The failure by Seller to deliver to Buyer in accordance with this Agreement any Products required to be delivered hereunder or delivery or sale of any such Products to any Person other than Buyer if not expressly permitted under this Agreement and such failure is not remedied within five (5) Business Days after written notice thereof is received; (c) PJM shall have declared Seller to have committed an event of default under any provision of the PJM Agreements (after the applicable cure periods therein) if such default is not remedied within thirty (30) days after the declaration is made; (d) The failure by Seller to provide a Guaranty or other Performance Assurance as Required by Article 10; (e) The failure by Seller to comply with Section 6.7 if such failure is not remedied as soon as practicable (and no more than thirty (30) days) after Seller becomes aware of such failure; (f) The failure by Seller to obtain and maintain insurance as required under Section 6.16 if such failure is not remedied within ten (10) Business Days after written notice thereof is received; and (g) The failure by Seller to maintain the Availability Requirement, as required under Section 6.12, for two Contract Years (including two non-consecutive Contract Years).

Additional Seller Events of Default. Any of the following events shall constitute an Event of Default of Seller.‌Seller. (a) In the event that The failure by Seller to achieve the Initial Delivery Date occurs more no later than one-hundred one hundred eighty (180) days after the Guaranteed Initial Delivery Date, excluding including any number of days associated with extensions of the Guaranteed Initial Delivery Date for Force Majeure Events as provided by the definition of Guaranteed Initial Delivery DateEvents; (b) The failure by Seller to deliver to Buyer in accordance with this Agreement any Products required to be delivered hereunder or delivery or sale of any such Products to any Person other than Buyer if not expressly permitted under this Agreement and such failure is not remedied within five (5) Business Days after written notice thereof is received; (c) PJM shall have declared Seller to have committed an event be in default of default under any provision of the PJM Agreements (after the applicable cure periods therein) if such default is not remedied within thirty (30) days after the declaration is made; (d) The failure by Seller to provide a Guaranty or other Performance Assurance as Required by Article 10; (e) The failure by Seller to comply with Section 6.7 if such failure is not remedied as soon as practicable (and no more than thirty (30) days) after Seller becomes aware of such failure; (f) The failure by Seller to obtain and maintain insurance as required under Section 6.16 if such failure is not remedied within ten (10) Business Days after written notice thereof is received; and (g) The failure by Seller to maintain the Availability Requirement, as required under Section 6.12, for two Contract Years (including two non-consecutive Contract Years).