Calling on Security. Upon an Event of Default by Seller, Buyer may call upon any Guaranty or the Performance Assurance posted by Seller in accordance with their terms and conditions. If Seller fails to pay amounts due to Buyer pursuant to this Agreement, including any damages that may be due hereunder, or any other agreement(s) between Buyer and Seller for the provision of Energy, Capacity and SPAECs after written notice of default is provided to Seller and any applicable cure period set forth in this Agreement ends. Within thirty (30) days of the Facility Commercial Operation Date, Seller shall replenish the Performance Assurance to the extent reduced by the amount of any draws prior to the Facility Commercial Operation Date and thereafter shall have no obligation to replenish the Performance Assurance. Release of Security. Promptly following the end of the Contract Term or the earlier termination of this Agreement and the satisfaction of all of Seller’s obligations hereunder, Buyer shall promptly release any Performance Assurance held by it to Seller.
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