Common use of Failure to Comply with Agreement Clause in Contracts

Failure to Comply with Agreement. The failure or refusal by the Authority to perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance or Manager Fault; except that no such failure or refusal to pay or perform shall constitute an Event of Default giving the Manager the right to terminate this Agreement for cause under this Section unless: (a) The Manager has given prior written notice to the Authority stating that a specified failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the Authority and which will, in its opinion, give the Manager a right to terminate this Agreement for cause under this Section unless such default is corrected within a reasonable period of time, and (b) The Authority has neither challenged in an appropriate forum the Manager's conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such default within a reasonable period of time but not more than 60 days from the date of the notice given pursuant to clause (a) of this subsection (but if the Authority shall have diligently taken steps to correct such default within a reasonable period of time, the same shall not constitute an Event of Default for as long as the Authority is continuing to take such steps to correct such default).

Failure to Comply with Agreement. The failure or refusal by the Authority to perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance or Energy Manager Fault; except that no such failure or refusal to pay or perform shall constitute an Event of Default giving the Energy Manager the right to terminate this Agreement for cause under this Section unless: (a) The Energy Manager has given prior written notice to the Authority stating that a specified failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the Authority and which will, in its opinion, give the Energy Manager a right to terminate this Agreement for cause under this Section unless such default is corrected within a reasonable period of time, and (b) The Authority has neither either challenged in an appropriate forum the Energy Manager's conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such default within a reasonable period of time but not more than 60 days from the date of the notice given pursuant to clause (a) of this subsection (but if the Authority shall have diligently taken steps to correct such default within a reasonable period of time, the same shall not constitute an Event of Default for as long as the Authority is continuing to take such steps to correct such default).

Failure to Comply with Agreement. The failure or refusal by the Authority LIPA to perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance a Force Majeure or Manager Fault; except that no such failure or refusal to pay or perform shall constitute an Event of Default giving the Manager the right to terminate this Agreement for cause under this Section unless: (a) The Manager has given prior written notice to the Authority LIPA stating that a specified failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the Authority LIPA and which will, in its opinion, give the Manager a right to terminate this Agreement for cause under this Section unless such default is corrected within a reasonable period of time, and (b) The Authority LIPA has neither challenged in an appropriate forum the Manager's conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such default within a reasonable period of time but not more than 60 sixty (60) days from the date of the notice given pursuant to clause (a) of this subsection (but if the Authority LIPA shall have diligently taken steps to correct such default within a reasonable period of time, the same shall not constitute constitute-an Event of Default for as long as the Authority is continuing to take corrects such steps to correct default within two hundred and seventy (270) days from its receipt of such defaultnotice).

Failure to Comply with Agreement. The failure or refusal by the Authority LIPA substantially to perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance or Manager Fault; Force Majeure except that no such failure or refusal to pay or perform in clauses (1) and (2) of this Section 12.2(A) shall constitute an Event of Default giving the Manager GENCO the right to terminate this Agreement for cause under this Section unless: (a) The Manager GENCO has given prior written notice to the Authority LIPA stating that a specified failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the Authority LIPA and which will, in its opinion, give the Manager GENCO a right to terminate this Agreement for cause under this Section unless such default is corrected within a reasonable period of time, and (b) The Authority LIPA has neither challenged in an appropriate forum the ManagerGENCO's conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such default within a reasonable period of time but not more than 60 days from the date of the notice given pursuant to clause (a) of this subsection (but if the Authority LIPA shall have diligently taken steps to correct such default within a reasonable period of time, the same shall not constitute an Event of Default for as long as the Authority LIPA is continuing to take such steps to correct such default).

Failure to Comply with Agreement. The failure or refusal by the Authority to perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance or Manager Fault; except that no such failure or refusal to pay or perform shall constitute an Event of Default giving the Manager the right to terminate this Agreement for cause under this Section unless: (a) The Manager has given prior written notice to the Authority stating swing that a specified failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the Authority and which will, in its opinion, give the Manager a right to terminate this Agreement for cause under this Section unless such default is corrected within a within; reasonable period of time, and (b) The Authority has neither challenged in an appropriate forum the Manager's conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such default within a reasonable period of time but not more than 60 days from the date of the notice given pursuant to clause (a) of this subsection (but if the Authority shall have diligently taken steps to correct such default within a reasonable period of time, the same shall not constitute an Event of Default for as long as the Authority is continuing to take such steps to correct such default).