Common use of Events of Default by Customer Clause in Contracts

Events of Default by Customer. Each of the following events or conditions shall constitute an "Event of Default" by Customer: (i) any failure by Customer to perform or comply with the terms and conditions of this Contract, including breach of any covenant contained herein, and such failure continues for thirty (30) calendar days after notice to Customer demanding that such failure to perform be cured; provided that (i) such failure to perform shall not be deemed a default hereunder if it is due to causes beyond the control of Customer pursuant to Section 11 above; and (ii) if such cure cannot be effected in thirty (30) calendar days, Customer shall be deemed to have cured the default upon the commencement of a cure within thirty (30) calendar days and diligent subsequent completion thereof; or (ii) any representation or warranty furnished by Customer in this Contract which was false or misleading in any material respect when made; or (iii) any failure by Customer to pay any amount due under this Contract to OpTerra ES which is not paid within thirty (30) days of written notice from OpTerra ES that the amount is past due.

Events of Default by Customer. Each of the following events or conditions shall constitute an "Event of Default" by Customer: (i) any failure by Customer to perform or comply with the terms and conditions of this Contract, including breach of any covenant contained herein, and such failure continues for thirty (30) calendar days after notice to Customer demanding that such failure to perform be cured; provided that (i) such failure to perform shall not be deemed a default hereunder if it is due to causes beyond the control of Customer pursuant to Section 11 10 above; and (ii) if such cure cannot be effected in thirty (30) calendar days, Customer shall be deemed to have cured the default upon the commencement of a cure within thirty (30) calendar days and diligent subsequent completion thereof; or (ii) any representation or warranty furnished by Customer in this Contract which was false or misleading in any material respect when made; or (iii) any failure by Customer to pay any amount due under this Contract to OpTerra Chevron ES which is not paid within thirty ten (3010) days of written notice from OpTerra Chevron ES that the amount is past due.