Common use of Notice of defective performance Clause in Contracts

Notice of defective performance. If ESCo is in Major Default of this Agreement, then the Developer, acting reasonably, may issue a Notice specifying that, in its opinion, ESCo's failure to perform its obligations under this Agreement amounts to a Major Default (a "Notice of Defective Performance") and giving the reasons for this and, where the position is capable of being rectified, either:- specifying a reasonable time limit within which ESCo must commence and complete rectification action to rectify the position (the "ESCo Cure Period"); or during the ESCo Works, notifying ESCo that the Developer shall undertake remedial action itself in accordance with paragraph [ ] Schedule 6Part 2 (Works Obligations), provided the criteria set out therein are satisfied; or during the ESCo Services, notifying ESCo that the Developer shall undertake remedial action itself in accordance with paragraph 5 of Schedule 9 (ESCo Services), provided the criteria set out therein are satisfied.

Notice of defective performance. If ESCo ESCO is in Major Default of this Agreement, then the Developer, acting reasonably, may issue a Notice specifying that, in its opinion, ESCoESCO's failure to perform its obligations under this Agreement amounts to a Major Default (a "Notice of Defective Performance") and giving the reasons for this and, where the position is capable of being rectified, either:- either:- 23.1.1 specifying a reasonable time limit within which ESCo ESCO must commence and complete rectification action to rectify the position (the "ESCo ESCO Cure Period"); or or 23.1.2 during the ESCo ESCO Works, notifying ESCo ESCO that the Developer shall undertake remedial action itself in accordance with paragraph [ ] 16 of Schedule 6Part 2 7 (Works Obligations), provided the criteria set out therein are satisfied; or or 23.1.3 during the ESCo ESCO Services, notifying ESCo ESCO that the Developer shall undertake remedial action itself in accordance with paragraph 5 Error! Reference source not found. of Schedule 9 10 (ESCo ESCO Services), provided the criteria set out therein are satisfied.