Utility Default. If a Utility Event of Default has occurred and the Utility Event of Default has not been cured within the period specified in Paragraph 10.3, Developer, in its sole discretion, may take any or all of the following actions: (a) terminate this Agreement by delivering written notice to Utility (Developer Termination Notice) or (b) proceed in accordance with Paragraph 14 (Resolution of Disputes) to protect and enforce its rights and to recover any damages to which it may be entitled, including all costs and expenses reasonably incurred in the exercise of its remedy, or (c) at its election, take such steps as are reasonably necessary to cure the default before so proceeding.
Appears in 3 contracts
Sources: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement