Common use of Other Project Agreements Clause in Contracts

Other Project Agreements. The Borrower or any Project Party (other than Nortel) shall breach or otherwise fail to perform any material obligation under the Project Agreements or such Project Agreements shall cease for any reason (other than for a reason attributable to Nortel) to be in full force and effect except at the stated termination date thereof, or shall be assigned or otherwise transferred, terminated, or rescinded by any Project Party thereto; provided that it shall not be an Event of Default if, not later than one hundred twenty (120) days of any such breach or failure by such other Project Party, or the effective date of any termination or rescission in respect of such other Project Agreement (other than a termination or rescission based on a breach or failure by the Borrower), such breach or failure is cured or a substitute vendor enters into a new written agreement with the Borrower to continue to provide the equipment, systems and services contemplated under such Project Agreement on terms that conform to and will not result in a deviation from the then current Business Plans.

Appears in 2 contracts

Sources: Financing Agreement (Nortel Networks LTD), Financing Agreement (Impsat Fiber Networks Inc)

Other Project Agreements. The Borrower or any Project Party (other than Nortel) shall breach or otherwise fail to perform any material obligation under the Project Agreements (other than the Turnkey Contract) or such other Project Agreements shall cease for any reason (other than for a reason attributable to Nortel) to be in full force and effect except at the stated termination date thereof, or shall be assigned or otherwise transferred, terminated, or rescinded by any Project Party thereto; provided that it shall not be an Event of Default if, not later than one hundred twenty (120) days of any such breach or failure by such other Project Party, or the effective date of any termination or rescission in respect of such other Project Agreement (other than a termination or rescission based on a breach or failure by the Borrower), such breach or failure is cured or a substitute vendor enters into a new written agreement with the Borrower to continue to provide the equipment, systems and services contemplated under such other Project Agreement on terms that conform to and will not result in a deviation from the then current Business Plans.

Appears in 1 contract

Sources: Financing Agreement (Impsat Fiber Networks Inc)