Common use of Effective Term and Termination Rights Clause in Contracts

Effective Term and Termination Rights. This Agreement becomes effective when executed by both Parties and shall continue in effect until terminated. This Agreement may be terminated as follows: (a) Member may terminate this Agreement at any time by giving the Cooperative at least sixty (60) days’ written notice; (b) Cooperative may terminate upon failure by Member to generate energy from the Facilities within six (6) months after completion of the interconnection; (c) either Party may terminate by giving the other Party at least thirty (30) days prior written notice that the other Party is in default of any of the terms and conditions of the Agreement or the Rules or any rate schedule, regulation, contract, or policy of the Cooperative, so long as the notice specifies the basis for termination and there is opportunity to cure the default; (d) Cooperative may terminate by giving Member at least sixty (60) days’ notice in the event that there is a material change in an applicable law, or any change in policy or procedure pertaining to Distributed Generation by the Cooperative’s wholesale electric supplier or requirement of any transmission utility, independent system operator or regional transmission organization having responsibility for the operation of any part of the System; (e) Cooperative may terminate this Agreement upon three (3) business days’ notice in the event Member ceases to receive electric service from Cooperative or is in default of terms or conditions for electric service; in the event that a Party (i) makes a general assignment or arrangement for the benefit or creditors; (ii) commences an action or proceeding under any bankruptcy, insolvency or similar law for the protection of debtors or creditors, or has commenced against it any such action or proceeding which is not withdrawn or dismissed within thirty (30) days; (iii) otherwise is adjudicated a debtor in bankruptcy or insolvent; (iv) is unable (or admits in writing its inability) generally to pay its debts as they become due; (v) is dissolved or has a resolution passed for its winding-up or liquidation (other than pursuant to a consolidation, acquisition or merger); (vi) seeks or becomes subject to the appointment of an administrator, assignee, conservator, receiver, trustee or similar official for substantially all of its assets; (vii) has a secured party take possession of all or substantially all of its assets or has all, or has substantially all of its assets become subject to an attachment, execution, levy, sequestration or other legal process which is not dismissed discharged, stayed or restrained within thirty (30) days; (viii) causes or is subject to any event that has an effect analogous to any of the events enumerated in clauses (i) through (vii); or (ix) takes any action in furtherance of, or indicates its consent to, approval of, or acquiescence in any of the foregoing acts or events; then, in such event, this Agreement shall terminate automatically without notice and without any other action by either Party.

Effective Term and Termination Rights. This Agreement becomes effective when executed by both Parties and shall continue in effect until terminated. This Agreement may be terminated as follows: (a) Member may terminate this Agreement at any time by giving the Cooperative at least sixty (60) days’ written notice; (b) Cooperative may terminate upon failure by Member to generate energy from the Facilities within six (6) months after completion of the interconnection; (c) either Party may terminate by giving the other Party at least thirty (30) days prior written notice that the other Party is in default of any of the terms and conditions of the Agreement or the Rules or any rate schedule, regulation, contract, or policy of the Cooperative, so long as the notice specifies the basis for termination and there is opportunity to cure the default; (d) Cooperative may terminate by giving Member at least sixty (60) days’ days notice in the event that there is a material change in an applicable law, or any change in policy or procedure pertaining to Distributed Generation distributed generation by the Cooperative’s wholesale electric supplier or requirement of any transmission utility, independent system operator or regional transmission organization having responsibility for the operation of any part of the System; (e) Cooperative may terminate this Agreement upon three (3) business days’ days notice in the event Member ceases to receive electric service from Cooperative or is in default of terms or conditions for electric service; in the event that a Party (i) makes a general assignment or arrangement for the benefit or creditors; (ii) commences an action or proceeding under any bankruptcy, insolvency or similar law for the protection of debtors or creditors, or has commenced against it any such action or proceeding which is not withdrawn or dismissed within thirty (30) days; (iii) otherwise is adjudicated a debtor in bankruptcy or insolvent; (iv) is unable (or admits in writing its inability) generally to pay its debts as they become due; (v) is dissolved or has a resolution passed for its winding-up or liquidation (other liquidation(other than pursuant to a consolidation, acquisition or merger); (vi) seeks or becomes subject to the appointment of an administrator, assignee, conservator, receiver, trustee or similar official for substantially all of its assets; (vii) has a secured party take possession of all or substantially all of its assets or has all, or has substantially all of its assets become subject to an attachment, execution, levy, sequestration or other legal process which is not dismissed discharged, stayed or restrained within thirty (30) days; (viii) causes or is subject to any event that has an effect analogous to any of the events enumerated in clauses (i) through (vii); or (ix) takes any action in furtherance of, or indicates its consent to, approval of, or acquiescence in any of the foregoing acts or events; then, in such event, this Agreement shall terminate automatically without notice and without any other action by either Party.;

Effective Term and Termination Rights. This Agreement becomes effective when executed by both Parties and shall continue in effect until terminated. This Agreement may be terminated as follows: (a) Member may terminate this Agreement at any time by giving the Cooperative at least sixty (60) days’ written notice; (b) Cooperative may terminate upon failure by Member to generate energy from the Facilities within six (6) months after completion of the interconnection; (c) either Party may terminate by giving the other Party at least thirty (30) days prior written notice that the other Party is in default of any of the terms and conditions of the Agreement or the Rules or any rate schedule, regulation, contract, or policy of the Cooperative, so long as the notice specifies the basis for termination and there is opportunity to cure the default; (d) Cooperative may terminate by giving Member at least sixty (60) days’ notice in the event that there is a material change in an applicable law, or any change in policy or procedure pertaining to Distributed Generation by the Cooperative’s wholesale electric supplier or requirement of any transmission utility, independent system operator or regional transmission organization having responsibility for the operation of any part of the System; (e) Cooperative may terminate this Agreement upon three (3) business days’ notice in the event Member ceases to receive electric service from Cooperative or is in default of terms or conditions for electric service; in the event that a Party (i) makes a general assignment or arrangement for the benefit or creditors; (ii) commences an action or proceeding under any bankruptcy, insolvency or similar law for the protection of debtors or creditors, or has commenced against it any such action or proceeding which is not withdrawn or dismissed within thirty (30) days; (iii) otherwise is adjudicated a debtor in bankruptcy or insolvent; (iv) is unable (or admits in writing its inability) generally to pay its debts as they become due; (v) is dissolved or has a resolution passed for its winding-up or liquidation (other than pursuant to a consolidation, acquisition or merger); (vi) seeks or becomes subject to the appointment of an administrator, assignee, conservator, receiver, trustee or similar official for substantially all of its assets; (vii) has a secured party take possession of all or substantially all of its assets or has all, or has substantially all of its assets become subject to an attachment, execution, levy, sequestration or other legal process which is not dismissed discharged, stayed or restrained within thirty (30) days; (viii) causes or is subject to any event that has an effect analogous to any of the events enumerated in clauses (i) through (vii); or (ix) takes any action in furtherance of, or indicates its consent to, approval of, or acquiescence in any of the foregoing acts or events; then, in such event, this Agreement shall terminate automatically without notice and without any other action by either Party.;

Effective Term and Termination Rights. This Agreement becomes effective when executed by both Parties and shall continue in effect until terminated. This Agreement may be terminated as follows: (a) : a. Member may terminate this Agreement at any time by giving the Cooperative at least sixty (60) calendar days’ advance written notice; (b) ; b. Cooperative may terminate upon failure by Member to generate energy from the Facilities within six (6) months after completion of the interconnection; (c) either ; c. Either Party may terminate by giving the other Party at least thirty (30) days calendar days’ prior written notice that the other Party is in default of any of the terms and conditions of the Agreement or the Rules Requirements or any rate schedule, regulation, contract, or policy of the Cooperative, so long as the notice specifies the basis for termination and there is opportunity to cure the default; (d) ; d. Cooperative may terminate by giving Member at least sixty (60) calendar days’ notice in the event that there is a material change in an applicable law, or any change in policy or procedure pertaining to Distributed Generation distributed generation by the Cooperative’s wholesale electric supplier or requirement of any transmission utility, independent system operator or regional transmission organization having responsibility for the operation of any part of the System; (e) ; e. Cooperative may terminate this Agreement upon three (3) business days’ notice in the event Member does any of the following: i. ceases to receive electric service from Cooperative or at the site of the Facilities, unless Member assigns the Agreement in accordance with Section 17; ii. is in default of the terms or conditions for electric service; in service established by the event that a Party (i) Cooperative; iii. makes a general assignment or arrangement for the benefit or of creditors; (ii) commences an action or proceeding under any bankruptcy, insolvency or similar law for the protection of debtors or creditors, or has commenced against it any such action or proceeding which is not withdrawn or dismissed within thirty (30) days; (iii) otherwise is adjudicated a debtor in bankruptcy or insolvent; (; iv) . is unable (or admits in writing its inability) generally to pay its debts as they become due; (v) ; v. is dissolved or has a resolution passed for its winding-up or liquidation (other than pursuant to a consolidation, acquisition or merger); (; vi) . seeks or becomes subject to the appointment of an administrator, assignee, conservator, receiver, trustee or similar official for substantially all of its assets; (; vii) . has a secured party take possession of all or substantially all of its assets or has all, or has substantially all of its assets become subject to an attachment, execution, levy, sequestration or other legal process which is not dismissed discharged, stayed or restrained within thirty (30) calendar days; (viii) . causes or is subject to any event that has an effect analogous to any of the events enumerated in clauses (i) through (vii)herein; or (ix) takes any action in furtherance of, or indicates its consent to, approval of, or acquiescence in any of the foregoing acts or events; then, in such event, this Agreement shall terminate automatically without notice and without any other action by either Party.or,

Effective Term and Termination Rights. This Agreement becomes effective when executed by both Parties and shall continue in effect until terminated. This Agreement may be terminated as follows: (a) Member may terminate this Agreement at any time for any or no reason by giving the Cooperative at least sixty (60) days’ written notice; (b) Cooperative may terminate upon failure by Member to generate energy from the Facilities within six (6) months after completion of the interconnection; (c) either Party may terminate by giving the other Party at least thirty (30) days days' prior written notice that the other Party is in default of any of the terms and conditions of the Agreement or the Rules or any rate schedule, regulation, contract, or policy of the Cooperative, so long as the notice specifies the basis for termination and there is opportunity to cure the default; (d) Cooperative may terminate by giving Member at least sixty (60) days’ ' notice in the event that there is a material change in an applicable law, or any change in policy or procedure pertaining to Distributed Generation DEGF by the Cooperative’s wholesale electric supplier or requirement of any transmission utility, independent system operator operator, or regional transmission organization having responsibility for the operation of any part of the System; (e) Cooperative may terminate this Agreement upon three (3) business days’ ' notice in the event Member does any or all of the following: (i) ceases to receive electric service from Cooperative or is in default of terms or conditions for electric service; in the event that a Party (iii) makes a general assignment or arrangement for the benefit or creditors; (ii) commences an action or proceeding under any bankruptcy, insolvency or similar law for the protection of debtors or creditors, or has commenced against it any such action or proceeding which is not withdrawn or dismissed within thirty (30) days; (iii) otherwise is adjudicated a debtor in bankruptcy or insolvent; (iv) is unable (or admits in writing its inability) generally to pay its debts as they become due; (viv) is dissolved or has a resolution passed for its winding-up or liquidation (other liquidation(other than pursuant to a consolidation, acquisition or merger); (viv) seeks or becomes subject to the appointment of an administrator, assignee, conservator, receiver, trustee or similar official for substantially all of its assets; (viivi) has a secured party take possession of all or substantially all of its assets or has all, or has substantially all of its assets become subject to an attachment, execution, levy, sequestration or other legal process which is not dismissed discharged, stayed or restrained within thirty (30) days; (viiivii) causes or is subject to any event that has an effect analogous to any of the events enumerated in clauses (i) through (vii)herein; or (ixx) takes any action in furtherance of, or indicates its consent to, approval of, or acquiescence in any of the foregoing acts or events; then, in such event, this Agreement shall terminate automatically without notice and without any other action by either Party.

Effective Term and Termination Rights. This Agreement becomes effective when executed by both Parties and shall continue in effect until terminated. This Agreement may be terminated as follows: : (a) Member may terminate this Agreement at any time for any or no reason by giving the Cooperative at least sixty (60) days’ written notice; ; (b) Cooperative may terminate this Agreement upon failure by Member to generate electric energy from the Facilities DGP within six (6) months after completion of the interconnection; ; (c) either Either Party may terminate this Agreement by giving the other Party at least thirty (30) days days' prior written notice that the other Party is in default of any of the terms and conditions of the Agreement or the Rules Requirements or any rate schedule, regulation, contract, or policy of the Cooperative, so long as the notice specifies the basis for termination and there is opportunity to cure the default; ; (d) Cooperative may terminate this Agreement by giving Member at least sixty (60) days’ ' notice in the event that there is a material change in an applicable law, or any change in policy or procedure pertaining to Distributed Generation DGP by the Cooperative’s wholesale electric supplier or requirement of any transmission utility, independent system operator operator, or regional transmission organization having responsibility for the operation of any part of the System; ; (e) Cooperative may terminate this Agreement upon three (3) business days’ notice in the event Member does any or all of the following: (i) ceases to receive electric service from Cooperative or is in default of terms or conditions for electric service; in the event that a Party ; (iii) makes a general assignment or arrangement for the benefit or creditors; (ii) commences an action or proceeding under any bankruptcy, insolvency or similar law for the protection of debtors or creditors, or has commenced against it any such action or proceeding which is not withdrawn or dismissed within thirty (30) days; ; (iii) otherwise is adjudicated a debtor in bankruptcy or insolvent; (iv) is unable (or admits in writing its inability) generally to pay its debts as they become due; ; (viv) is dissolved or has a resolution passed for its winding-up or liquidation (other than pursuant to a consolidation, acquisition or merger); ; (viv) seeks or becomes subject to the appointment of an administrator, assignee, conservator, receiver, trustee or similar official for substantially all of its assets; ; (viivi) has a secured party take possession of all or substantially all of its assets or has all, or has substantially all of its assets become subject to an attachment, execution, levy, sequestration or other legal process which is not dismissed discharged, stayed or restrained within thirty (30) days; ; (viiivii) causes or is subject to any event that has an effect analogous to any of the events enumerated in clauses herein; or (i) through (vii); or (ixviii) takes any action in furtherance of, or indicates its consent to, approval of, or acquiescence in any of the foregoing acts or events. (f) Termination of this Agreement by Cooperative shall be effective upon five (5) calendar days’ written notice or upon any required approval by FERC, whichever is later. Upon any termination of this Agreement: (i) any sums due hereunder shall become immediately due and payable; then(ii) Cooperative shall, in such eventat its option and expense, remove its equipment and facilities; and (iii) Member shall allow unencumbered access to Cooperative (and its agents or employees) to remove its equipment and facilities. Termination of this Agreement shall terminate automatically without notice not affect Member's rights under then applicable laws and without any other action by either Partyregulations to enter into a new agreement with Cooperative under Cooperative's then-current policies and form of agreements.

Effective Term and Termination Rights. This Agreement becomes effective when executed by both Parties and shall continue in effect until terminated. This Agreement may be terminated as follows: (a) : a. Member may terminate this Agreement at any time for any or no reason by giving the Cooperative at least sixty (60) 90 days’ written notice; (b) ; b. Cooperative may terminate upon failure by Member to generate energy from the Facilities within six (6) 3 months after completion of the interconnection; (c) ; c. either Party may terminate by giving the other Party at least thirty (30) days 90 days' prior written notice that the other Party is in default of any of the terms and conditions of the Agreement or the Rules or any rate schedule, regulation, contract, or policy of the Cooperative, so long as the notice specifies the basis for termination and there is opportunity to cure the default; (d) ; d. Cooperative may terminate by giving Member at least sixty (60) 90 days’ ' notice in the event that there is a material change in an applicable law, or any change in policy or procedure pertaining to Distributed Generation DEGF by the Cooperative’s wholesale electric supplier or requirement of any transmission utility, independent system operator operator, or regional transmission organization having responsibility for the operation of any part of the System; (e) ; e. Cooperative may terminate this Agreement upon three (3) business days’ notice in the event Member does any or all of the following: a. ceases to receive electric service from Cooperative or is in default of terms or conditions for electric service; in the event that a Party (i) ; b. makes a general assignment or arrangement for the benefit or creditors; (ii) commences an action or proceeding under any bankruptcy, insolvency or similar law for the protection of debtors or creditors, or has commenced against it any such action or proceeding which is not withdrawn or dismissed within thirty (30) days; (iii) otherwise is adjudicated a debtor in bankruptcy or insolvent; (iv) ; c. is unable (or admits in writing its inability) generally to pay its debts as they become due; (v) ; d. is dissolved or has a resolution passed for its winding-up or liquidation (other liquidation(other than pursuant to a consolidation, acquisition or merger); (vi) ; e. seeks or becomes subject to the appointment of an administrator, assignee, conservator, receiver, trustee or similar official for substantially all of its assets; (vii) ; f. has a secured party take possession of all or substantially all of its assets or has all, or has substantially all of its assets become subject to an attachment, execution, levy, sequestration or other legal process which is not dismissed discharged, stayed or restrained within thirty (30) 90 days; (viii) ; g. causes or is subject to any event that has an effect analogous to any of the events enumerated in clauses herein; or f. Termination by Cooperative shall be effective upon 30 calendar days' written notice or upon any required approval by FERC, whichever is later. Upon any termination of this Agreement: (i) through (vii); or (ix) takes any action in furtherance of, or indicates its consent to, approval of, or acquiescence in any of the foregoing acts or events; then, in such event, this Agreement sums due hereunder shall terminate automatically without notice become immediately due and without any other action by either Party.payable;

Effective Term and Termination Rights. This Agreement becomes effective when executed by both Parties and shall continue in effect until terminated. This Agreement may be terminated as follows: : (a) Member may terminate this Agreement at any time for any or no reason by giving the Cooperative at least sixty (60) days’ written notice; ; (b) Cooperative may terminate upon failure by Member to generate energy from the Facilities within six (6) months after completion of the interconnection; ; (c) either Either Party may terminate by giving the other Party at least thirty (30) days days' prior written notice that the other Party is in default of any of the terms and conditions of the Agreement or the Rules or any rate schedule, regulation, contract, or policy of the Cooperative, so long as the notice specifies the basis for termination and there is opportunity to cure the default; ; (d) Cooperative may terminate by giving Member at least sixty (60) days’ ' notice in the event that there is a material change in an applicable law, or any change in policy or procedure pertaining to Distributed Generation DEGF by the Cooperative’s wholesale electric supplier or requirement of any transmission utility, independent system operator operator, or regional transmission organization having responsibility for the operation of any part of the System; ; (e) Cooperative may terminate this Agreement upon three (3) business days’ ' notice in the event Member does any or all of the following: I. ceases to receive electric service from Cooperative or is in default of terms or conditions for electric service; in the event that a Party (i) ; II. makes a general assignment or arrangement for the benefit or creditors; (ii) commences an action or proceeding under any bankruptcy, insolvency or similar law for the protection of debtors or creditors, or has commenced against it any such action or proceeding which is not withdrawn or dismissed within thirty (30) days; (iii) otherwise is adjudicated a debtor in bankruptcy or insolvent; (iv) ; III. is unable (or admits in writing its inability) generally to pay its debts as they become due; (v) IV. is dissolved or has a resolution passed for its winding-up or liquidation (other than pursuant to a consolidation, acquisition or merger); (vi) ; V. seeks or becomes subject to the appointment of an administrator, assignee, conservator, receiver, trustee or similar official for substantially all of its assets; (vii) ; VI. has a secured party take possession of all or substantially all of its assets or has all, or has substantially all of its assets become subject to an attachment, execution, levy, sequestration or other legal process which is not dismissed discharged, stayed or restrained within thirty (30) days; (viii) VII. causes or is subject to any event that has an effect analogous to any of the events enumerated in clauses (i) through (vii)herein; or (ix) takes any action in furtherance of, or indicates its consent to, approval of, or acquiescence in any of the foregoing acts or events; then, in such event, this Agreement shall terminate automatically without notice and without any other action by either Party.or

Effective Term and Termination Rights. This Agreement becomes effective when executed by both Parties and shall continue in effect until terminated. This Agreement may be terminated as follows: : (a) Member may terminate this Agreement at any time by giving the Cooperative at least sixty (60) days’ written notice; ; (b) Cooperative may terminate upon failure by Member to generate energy from the Facilities Distributed Generation within six (6) months after completion of the interconnection; ; (c) either Party may terminate by giving the other Party at least thirty (30) days prior written notice that the other Party is in default of any of the terms and conditions of the Agreement or the Rules or any rate schedule, regulation, contract, or policy of the Cooperative, so long as the notice specifies the basis for termination and there is opportunity to cure the default; ; (d) Cooperative may terminate by giving Member at least sixty (60) days’ days notice in the event that there is a material change in an applicable law, or any change in policy policy, agreement or procedure pertaining to Distributed Generation by the Cooperative’s wholesale electric power supplier or requirement of any transmission utility, independent system operator or regional transmission organization having responsibility for the operation of any part of the System; ; (e) Cooperative may terminate this Agreement upon three (3) business days’ days notice in the event Member ceases to receive electric Member’s service from Cooperative is disconnected for non-payment or is in default of terms or conditions for electric serviceservice or this Agreement; in the event that a Party Member: (i) makes a general assignment or arrangement for the benefit or creditors; ; (ii) commences an action or proceeding under any bankruptcy, insolvency or similar law for the protection of debtors or creditors, or has commenced against it any such action or proceeding which is not withdrawn or dismissed within thirty (30) days; ; (iii) is otherwise is adjudicated a debtor in bankruptcy or insolvent; ; (iv) is unable (or admits in writing its inability) generally to pay its debts as they become due; ; (v) is dissolved or has a resolution passed for its winding-up or liquidation (other than pursuant to a consolidation, acquisition or merger); ; (vi) seeks or becomes subject to the appointment of an administrator, assignee, conservator, receiver, trustee or similar official for substantially all of its assets; ; (vii) has a secured party take possession of all or substantially all of its assets or has all, or has substantially all of its assets become subject to an attachment, execution, levy, sequestration or other legal process which is not dismissed discharged, stayed or restrained within thirty (30) days; ; (viii) causes or is subject to any event that has an effect analogous to any of the events enumerated in clauses (i) through (vii); or or (ix) takes any action in furtherance of, or indicates its consent to, approval of, or acquiescence in any of the foregoing acts or events; then, in such event, this Agreement shall terminate automatically without notice and without any other action by either Party. (f) Upon notice of termination by either Party in accordance with this Agreement, any facility costs reimbursable by the Member under this Agreement and not yet reimbursed, shall become immediately due and payable and shall not be deemed released or forgiven in any way by the termination of this Agreement.