Common use of Seller Events of Default Clause in Contracts

Seller Events of Default. In addition to the foregoing, the occurrence with respect to Seller of any of the following events or conditions constitutes an event of default with respect to such Seller (the events and conditions set forth in Section 9.1(a) and this Section 9.1(b), each an “Event of Default”): (i) The Project is Abandoned. (ii) The Monthly Actual Availability of the Storage Facility fails to satisfy the Guaranteed Monthly Availability for [ ] or more months within a rolling [ ] month period. (iii) The Storage Contract Capacity, as determined by the most recent Storage Contract Capacity Test, is less than the Guaranteed Storage Contract Capacity, which remains uncured for a period of thirty (30) days as shown by a new Storage Capacity Test. (iv) The Duration as measured by the applicable Storage Contract Capacity Tests is less than [•]10 hours on average in any Contract Year. (v) The Round-Trip Efficiency is less than the Guaranteed Roundtrip Efficiency and such failure continues for [•]11 days after Seller’s receipt of written notice or discovery of such failure. (vi) Seller fails to maintain in effect (A) the Interconnection Agreement or (B) any other agreement or any Permit required to receive Charging Energy at the Interconnection Point and deliver Discharing Energy to the Delivery Point in accordance with Applicable Law, and in either case such failure continues for 15 days after Seller’s receipt of written notice or discovery of such failure. (vii) Seller sells to a Person other than Buyer or diverts for the use of any Person other than Buyer, any of the Product during the Delivery Term.

Seller Events of Default. In addition to the foregoing, the occurrence with respect to Seller of any of the following events or conditions constitutes an event of default with respect to such Seller (the events and conditions set forth in Section 9.1(a) and this Section 9.1(b), each an “Event of Default”): (i) The Project is Abandoned. (ii) The Monthly Actual Availability of the Storage Facility fails to satisfy the Guaranteed Monthly Availability for [ [___] or more months within a rolling [ [___] month period. (iii) The Storage Contract Capacity, as determined by the most recent Storage Contract Capacity Test, is less than the Guaranteed Storage Contract Capacity, which remains uncured for a period of thirty (30) days as shown by a new Storage Capacity Test. (iv) The Duration as measured by the applicable Storage Contract Capacity Tests is less than [•]10 hours on average in any Contract Year. (v) The Round-Trip Efficiency is less than the Guaranteed Roundtrip Efficiency and such failure continues for [•]11 days after Seller’s receipt of written notice or discovery of such failure. (vi) Seller fails to maintain in effect (A) the Interconnection Agreement or (B) any other agreement or any Permit required to receive Charging Energy at the Interconnection Point and deliver Discharing Energy to the Delivery Point in accordance with Applicable Law, and in either case such failure continues for 15 days after Seller’s receipt of written notice or discovery of such failure. (vii) Seller sells to a Person other than Buyer or diverts for the use of any Person other than Buyer, any of the Product during the Delivery Term.

Seller Events of Default. In addition to the foregoing, the occurrence with respect to Seller of any of the following events or conditions constitutes an event of default with respect to such Seller (the events and conditions set forth in Section 9.1(a11.1(a) and this Section 9.1(b11.1(b), each an “Event of Default”):Default”):‌ (i) The Project is Abandoned. (ii) The Monthly Actual Availability of the Storage Facility fails to satisfy the Guaranteed Monthly Availability for [ ] Seller’s dissolution or more months within a rolling [ ] month periodliquidation. (iii) The Storage Contract Capacity, as determined by the most recent Storage Contract Capacity Test, is less than the Guaranteed Storage Contract Capacity, which remains uncured for a period of thirty (30) days as shown by a new Storage Capacity Test. (iv) The Duration as measured by the applicable Storage Contract Capacity Tests is less than [•]10 hours on average in any Contract Year. (v) The Round-Trip Efficiency is less than the Guaranteed Roundtrip Efficiency and such failure continues for [•]11 days after Seller’s receipt of written notice or discovery of such failure. (vi) Seller fails to maintain in effect (A) the Interconnection Agreement or (B) any other agreement or any Permit required to receive Charging Energy at the Interconnection Point and deliver Discharing Discharging Energy to the Point of Delivery Point in accordance with Applicable Law, and in either case such failure continues for 15 fifteen (15) days after Seller’s receipt of written notice or discovery of such failure. (viiiv) Seller sells to a Person other than Buyer or diverts for the use of any Person other than Buyer, any of the Product during the Delivery TermTerm (unless there is a then existing Buyer Event of Default). (v) Seller’s failure to achieve the Commercial Operation Date for the Project on or prior to the Guaranteed Commercial Operation Date. (vi) If, after the Commercial Operation Date, the Actual Availability for [ ] or more months within a rolling [ ] month period during the Delivery Term is less than [percentage]. (vii) If, after the Commercial Operation Date, the Storage Capacity, is less than the Guaranteed Contract Storage Capacity which remains uncured for a period of thirty (30) days as shown by a new Storage Capacity Test. (viii) If, after the Commercial Operation Date, the Actual Round-Trip Efficiency is less than the Guaranteed Roundtrip Efficiency and such failure continues for [•] days after Seller’s receipt of written notice or discovery of such failure.

Seller Events of Default. In addition to the foregoing, the occurrence with respect to Seller of any of the following events or conditions constitutes an event of default with respect to such Seller (the events and conditions set forth in Section 9.1(a) and this Section 9.1(b), each an “Event of Default”):Default”):‌ (i) The Project is Abandoned. (ii) The Monthly Actual Availability of the Storage Facility fails to satisfy the Guaranteed Monthly Availability for [ ] or more months within a rolling [ ] month period. (iii) The Storage Contract Capacity, as determined by the most recent Storage Contract Capacity Test, is less than the Guaranteed Storage Contract Capacity, which remains uncured for a period of thirty (30) days as shown by a new Storage Capacity Test. (iv) The Duration as measured by the applicable Storage Contract Capacity Tests is less than [•]10 hours on average in any Contract Year. (v) The Round-Trip Efficiency is less than the Guaranteed Roundtrip Efficiency and such failure continues for [•]11 days after Seller’s receipt of written notice or discovery of such failure. (vi) Seller fails to maintain in effect (A) the Interconnection Agreement or (B) any other agreement or any Permit required to receive Charging Energy at the Interconnection Point and deliver Discharing Energy to the Delivery Point in accordance with Applicable Law, and in either case such failure continues for 15 days after Seller’s receipt of written notice or discovery of such failure. (vii) Seller sells to a Person other than Buyer or diverts for the use of any Person other than Buyer, any of the Product during the Delivery Term.