Power Purchase And Sale Agreement (Page 4 of 8) in pdf

Power Purchase And Sale Agreement Page 4

6.3.

Termination for an Event of Default. If an Event of Default has occurred and is

not cured within the applicable cure period, if any, set forth in Section 6.1, the Non-Defaulting

Party shall have the right, at any time when such Event of Default is continuing, and in addition

to the remedies set forth in Section 6.2, to:

(a)

designate by notice to the Defaulting Party a day, no earlier than the day

such notice becomes effective and no later than 20 days after the day such notice becomes

effective, on which this Agreement shall terminate, in which event this Agreement will terminate

on such date; and

(b)

subject to the express limitations on remedies set forth in this Agreement,

pursue any other right or remedy available under this Agreement or applicable law. If notice of

termination has not been received by the date that is 30 days following the last day of any

applicable cure period, the Event of Default is deemed to have been waived by the Non-

Defaulting Party and no further damages shall accrue with respect to such Event of Default.

6.4

Waiver of Consequential Damages. NO PARTY SHALL BE LIABLE FOR

ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL LOSS

OR DAMAGE OF ANY NATURE ARISING OUT OF THEIR PERFORMANCE OR NON-

PERFORMANCE HEREUNDER.

ARTICLE VII

NOTICES

7.1.

Notices. All notices to be given under this Agreement shall be made to the

addresses set forth below. All notices shall be made in writing. Notices shall be delivered by

hand delivery, U.S. Mail or express courier.

All notices, requests, statements and other

communications shall be deemed to have been duly given on (a) the date of delivery if delivered

by hand or by express courier, or (b) five days after deposit in the U.S. Mail. Any Party may

change its respective notice information upon giving the other Parties at least 10 days’ prior

notice thereof.

If to SRP, addressed to it at:

P.O. Box 52025, Mail Station _______

Phoenix, Arizona 85072-2025

Attention: ____________________

If to Seller, addressed to it at:

ARTICLE VIII

MISCELLANEOUS

Power Purchase And Sale Agreement Page 4