Common use of Department Default Clause in Contracts

Department Default. The occurrence of any one or more of the following events or conditions shall constitute a Department Default: (a) the Department fails to make any payment due to the Development Entity under this PPA when due; provided, that such payment is not subject to a good faith Dispute; (b) any representation or warranty made by the Department under Section 21.2 (Department Representations and Warranties) is false or materially misleading or inaccurate when made in each case in any material respect or omits material information when made;