Remedies for Other Defaults. On the occurrence of a Default Event other than a Payment Default, the Non-Defaulting Party may pursue any remedy under this Agreement, at law or in equity, including without limitation an action for damages and termination of this Agreement or suspension of performance of its obligations under this Agreement. Nothing herein shall limit either Party’s right to seek to collect damages, in accordance with and subject to all other applicable terms and conditions set forth in this Agreement with respect to damages and liability generally, upon the occurrence of a breach or a default by the other Party that does not become a Default Event. In the event Seller elects to suspend performance while Purchaser is in Default, Purchaser shall compensate Seller for all Lost Seller Revenues for the duration of such suspension.
Appears in 2 contracts
Sources: Solar Power Purchase Agreement, Solar Power Purchase Agreement
Remedies for Other Defaults. On the occurrence of a Default Event other than a Payment Default, the Non-Defaulting Party may pursue any remedy under this Agreement, at law or in equity, including without limitation an action for damages and termination of this Agreement or suspension of performance of its obligations under this Agreement. Nothing herein shall limit either Party’s right to seek to collect damages, in accordance with and subject to all other applicable terms and conditions set forth in this Agreement with respect to damages and liability generally, upon the occurrence of a breach or a default by the other Party that does not become a Default Event. In the event Seller elects to suspend performance while Purchaser is in Defaultperformance, Purchaser shall compensate Seller for all Lost Seller Revenues for the duration of such suspension.
Appears in 1 contract
Sources: Solar Power Purchase Agreement