Appropriation of Deemed Performance Security. Upon occurrence of a Supplier Default, the Utility shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to appropriate the relevant amounts from the Deemed Performance Security as Damages for such Supplier Default. For the avoidance of doubt, the Parties expressly agree that upon the Deemed Performance Security being appropriated, in whole or in part, it shall be deemed to be replenished to the extent of such appropriation.
Appears in 6 contracts
Samples: Default Escrow Agreement, www.upcl.org, Model Agreement
Appropriation of Deemed Performance Security. Upon occurrence of a Supplier Default, the Utility Aggregator shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to appropriate the relevant amounts from the Deemed Performance Security as Damages for such Supplier Default. For the avoidance of doubt, the Parties expressly agree that upon the Deemed Performance Security being appropriated, in whole or in part, it shall be deemed to be replenished to the extent of such appropriation.
Appears in 4 contracts
Samples: Draft Agreement, Draft Agreement, Draft Pilot Agreement
Appropriation of Deemed Performance Security. Upon occurrence of a Supplier Aggregator Default, the Utility shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to appropriate the relevant amounts from the Deemed Performance Security as Damages for such Supplier Aggregator Default. For the avoidance of doubt, the Parties expressly agree that upon the Deemed Performance Security being appropriated, in whole or in part, it shall be deemed to be replenished to the extent of such appropriation.
Appears in 4 contracts
Samples: Power Supply Agreement, Power Supply Agreement, Pilot Power Supply Agreement
