Common use of Performance Notice Clause in Contracts

Performance Notice. Without limiting any right or remedy available to either Party, if at any time a Party (Non-Breaching Party) provides to the other Party (Breaching Party) reasonable evidence that the Breaching Party has committed a material breach of its obligations under this AES Agreement (other than in the case of AMA, its obligations to achieve any KPI), which breach is capable of being remedied by the Breaching Party, (each such breach being a Performance Issue), then the Non- Breaching Party may give written notice to the Breaching Party specifying the Performance Issue (in each case, a Performance Notice).

Performance Notice. Without limiting any right or remedy available to either Party, if at any time a Party (Non-Breaching Party) provides to the other Party (Breaching Party) reasonable evidence that the Breaching Party has committed a material breach of its obligations under this AES Agreement (other than in the case of AMAVector Metering, its obligations to achieve any KPI), which breach is capable of being remedied by the Breaching Party, (each such breach being a Performance Issue), then the Non- Non-Breaching Party may give written notice to the Breaching Party specifying the Performance Issue (in each case, a Performance Notice).

Performance Notice. Without limiting any right or remedy available to either Party, if at any time a Party (Non-Breaching Party) provides to the other Party (Breaching Party) reasonable evidence that the Breaching Party has committed a material breach of its obligations under this AES Agreement (other than in the case of AMABluecurrent, its obligations to achieve any KPI), which breach is capable of being remedied by the Breaching Party, (each such breach being a Performance Issue), then the Non- Breaching Party may give written notice to the Breaching Party specifying the Performance Issue (in each case, a Performance Notice).