Default Remedies and Termination Sample Clauses

Default Remedies and Termination. (a) Either party may terminate the Agreement without cause with ninety (90) days prior written notice to the other party. (b) The Agreement may be terminated at any time by mutual agreement of the parties. (c) Artisan Health may terminate this Agreement in the event Provider breaches this Agreement, provided that: (i) Artisan Health notifies Provider in writing of the cause of such breach; (ii) Artisan Health gives Provider a minimum of thirty (30) days to cure the breach (“Notice Period”) from Provider’s receipt of the notice; and (iii) Provider fails to cure the breach to the reasonable satisfaction of Artisan Health within the Notice Period. (d) Artisan Health may terminate this Agreement immediately upon the occurrence of any of the following: (i) On the failure of Provider to enter into those other documents contemplated under this Agreement as agreed to by the parties or as may be reasonably requested by Artisan Health, or the breach of such Documents provided such breach cannot be cured or, if such breach can be cured, is not cured within thirty (30) days of Provider’s receipt of written notice of such breach; (ii) If Provider fails to be properly licensed for the practice of his or her profession in the applicable state, is prohibited or suspended from providing health care services in any state, is excluded from participation in Medicare, Medicaid, or any other Federal or state health care program, or otherwise fails to comply with any of the requirements set forth in Section 2 of this Agreement; (iii) If Artisan Health learns that Provider has provided false or misleading identification or proof of Provider’s identity; (A) If a voluntary petition in bankruptcy or for reorganization under any bankruptcy law, or a petition for the appointment of a receiver for all or any substantial portion of the property of Provider is filed; (B) if Provider consents to an order for relief under the federal bankruptcy laws or fails to vacate such an order for relief within sixty (60) days from and after the date of entry thereof; (C) upon the entry of any order, judgment or decree by any court of competent jurisdiction, on the application of a creditor, adjudicating Provider as bankrupt, or to be insolvent, or approving a petition seeking reorganization or the appointment of a receiver, trustee or liquidator of all or a substantial part of Provider’s assets, if such order, judgment or decree shall continue unstayed and in effect for any period of sixty (60) days;...

Default Remedies and Termination. The parties agree each term and condition contained in this Agreement is material and of the essence. This Agreement may be terminated by either party should the other party fial to perform in accordance with any term or condition of this Agreement and immediately after such party has failed to cure within ten

Default Remedies and Termination. It shall be a default under this Agreement if a party fails to perform its obligations under this Agreement, and then fails to cure such failure within ten (10) days (for monetary defaults) or thirty (30) days (for non-monetary defaults). Upon a default by Customer, Wowrack shall have all rights and remedies under applicable law or in equity, including, without limitation, the following: (a) the right to suspend or refuse to continue to provide any Products or Services without any liability to Customer for loss or damage until the default is cured in full; (b) the right to terminate any Order or this Agreement by notice to Customer; (c) the right to demand, and receive from Customer upon demand, the entire Charges due Wowrack for the unexpired Term, together with all costs, attorney’s fees, and damages which may have been suffered or incurred by Wowrack as a result of Customer’s default. In addition, Wowrack may terminate this Agreement and any Orders with Customer, effective immediately upon notice, if Customer becomes the subject of a bankruptcy proceeding or other insolvency proceeding. Upon any termination, Customer will remain liable to Wowrack for any accrued amounts owed prior to the effective date of termination. Customer expressly waives all legal notice to vacate the Network and Infrastructure after expiration of cure period.

Default Remedies and Termination. 16 ARTICLE XV GENERAL PROVISIONS 19

Default Remedies and Termination. 13.01 The remedies set forth in this Section 13.01 shall cover the non-defaulting Party’s remedies for the defaulting Party’s failure to perform prior to any termination for default that may occur. a) As an alternative to the damages provision below, if the Parties mutually agree in writing, the non-performing Party may schedule deliveries or receipts, as the case may be, pursuant to such terms as the Parties agree in order to discharge some or all of the obligation to pay damages. In the absence of such agreement, the damages provision of this Article shall apply. b) Unless excused by Force Majeure, if Seller fails to deliver the quantity of Coal in accordance with the applicable Confirmation and this Agreement, Seller shall pay to Buyer an amount for each ton of Coal of such deficiency equal to (i) the lowest reasonable market price on an equivalent per mmBtu SO2 adjusted basis at which Buyer is able, or (ii) at the time of Seller’s breach, would be able to purchase or otherwise receive comparable supplies of Coal of comparable quality minus the base price agreed to for the specific Transaction; except that if such difference is negative, then neither Party shall have any obligation to make any deficiency payment to the other. c) Unless excused by Force Majeure, if Buyer fails to accept delivery of the quantity of Coal in accordance with the applicable Confirmation and this Agreement, Buyer shall pay to Seller an amount for each ton of Coal of such deficiency equal to (i) the base price agreed to for the specific Transaction minus the highest reasonable market price on an equivalent per mmBtu SO2 adjusted basis at which Seller is able, or (ii) would be able, to sell or otherwise dispose of the Coal at the time of Buyer’s breach; except that if such difference is negative, then neither Party shall have any obligation to make any deficiency payment to the other. d) Buyer and Seller shall be subject to commercially reasonable good faith obligation to mitigate any damages hereunder. 13.02 The occurrence of any of the following shall constitute an “Event of Default”: a) Failure by either Party to pay any amounts due. b) Either Party materially breaches any contractual obligation under this Agreement. c) Either Party (i) makes any general assignment or any general arrangement for the benefit of creditors, (ii) files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy or similar...

Default Remedies and Termination. 8.1. In addition to any other event that may constitute a default under this Agreement, the following events shall constitute defaults under this Agreement: 8.1.1. Breach by Seller or PGE of a representation or warranty, except for Section 3.1.4, set forth in this Agreement. 8.1.2. Seller’s failure to provide default security, if required by Section 6, prior to delivery of any Net Output to PGE or within 10 days of notice. 8.1.3. Seller’s failure to meet the Guarantee of Mechanical Availability established in Section 3.1.10 for two consecutive Contract Years or Seller’s failure to provide any written report required by that section. 8.1.4. If Seller is no longer a Qualifying Facility. 8.1.5. Failure of PGE to make any required payment pursuant to Section 7.1. 8.1.6. Seller’s failure to meet the Commercial Operation Date. 8.2. In the event of a default under Section 8.1.6, PGE may provide Seller with written notice of default. Seller shall have one year in which to cure the default during which time the Seller shall pay PGE damages equal to the Lost Energy Value. If Seller is unable to cure the default, PGE may immediately terminate this Agreement as provided in Section 8.3. PGE’s resource sufficiency/deficiency position shall have no bearing on PGE’s right to terminate the Agreement under this Section 8.2. 8.3. In the event of a default hereunder, except as otherwise provided in this Agreement, the non-defaulting party may immediately terminate this Agreement at its sole discretion by delivering written notice to the other Party. In addition, the non- defaulting Party may pursue any and all legal or equitable remedies provided by law or pursuant to this Agreement including damages related to the need to procure replacement power. A termination hereunder shall be effective upon the date of delivery of notice, as provided in Section 20. The rights provided in this Section 8 are cumulative such that the exercise of one or more rights shall not constitute a waiver of any other rights. 8.4. If this Agreement is terminated as provided in this Section 8, PGE shall make all payments, within thirty (30) days, that, pursuant to the terms of this Agreement, are owed to Seller as of the time of receipt of notice of default. PGE shall not be required to pay Seller for any Net Output delivered by Seller after such notice of default. 8.5. In the event PGE terminates this Agreement pursuant to this Section 8, and Seller wishes to again sell Net Output to PGE following suc...

Default Remedies and Termination. 8.1. In addition to any other event that may constitute a default under this Agreement, the following events shall constitute defaults under this Agreement: 8.1.1. Breach by Seller or PGE of a representation or warranty, except for Section 3.1.4, set forth in this Agreement. 8.1.2. Seller’s failure to provide default security, if required by Section 6, prior to delivery of any Net Output to PGE or within 10 days of notice. 8.1.3. Seller’s failure to meet the Guarantee of Mechanical Availability established in Section 3.1.10 for two consecutive Contract Years or Seller’s failure to provide any written report required by that section. 8.1.4. If Seller is no longer a Qualifying Facility. 8.1.5. Failure of PGE to make any required payment pursuant to Section 7.1.

Default Remedies and Termination. It shall constitute an event of default of this instrument if any party fails to timely deliver any of its performances at the times indicated herein. Additionally:

Default Remedies and Termination. 9.1. In addition to any other event that may constitute a default under this Agreement, the following events shall constitute defaults under this Agreement: 9.1.1. Breach by Seller or PGE of a representation or warranty, except for Section 3.1.4, set forth in this Agreement. 9.1.2. Seller’s failure to provide default security, if required by Section 6, prior to delivery of any Net Output to PGE or within 10 days of notice. 9.1.3. Seller’s failure to deliver the Minimum Net Output for two consecutive Contract Years. 9.1.4. If Seller is no longer a Qualifying Facility. 9.1.5. Failure of PGE to make any required payment pursuant to Section 8.1.