Common use of Construction Security Clause in Contracts

Construction Security. 12.4.1.1 On or before Financial Closing, the Seller shall provide to the Purchaser security ("Construction Security") in the amount of [◆] to secure Seller’s obligations in the period between the Effective Date and the Commercial Operation Date (“Construction Period Security”). The Construction Security shall be an unconditional and irrevocable direct pay letter of credit issued by a bank acceptable to the Purchaser in form and substance satisfactory to the Purchaser. The Construction Security may be applied to the payment of liquidated damages or other Damages and accrued interest thereon as set forth in Clause 12.5. 12.4.1.2 If at any time prior to the Commercial Operation Date, the amount of Construction Period Security is reduced as a result of Purchaser’s draw upon such Construction Period Security to less than the amount of Construction Period Security required to be provided by Seller through the period ending on the Commercial Operation Date, Seller shall replenish such Construction Period Security to the amount of Construction Period Security required to be provided by Seller through the period ending on the Commercial Operation Date within five (5) days of that draw. 12.4.1.3 Purchaser shall return any undrawn amount of the Construction Period Security to Seller within thirty (30) days after Purchaser’s receipt of the full amount of the Operating Period Security. 12.4.1.4 There shall be no discontinuity between the expiration of the Construction Security and the effectiveness of the Operations Security (defined below), and the Construction Security shall be returned to the Seller promptly following delivery to the Purchaser of the Operations Security and the occurrence of the effective date of the Operations Security.

Construction Security. 12.4.1.1 On or before Financial Closing, the Seller shall provide to the Purchaser security ("Construction Security") in the amount of [◆] to secure Seller’s obligations in the period between the Effective Date and the Commercial Operation Date (“Construction Period Security”). The Construction Security shall be an unconditional and irrevocable direct pay letter of credit issued by a bank acceptable to the Purchaser in form and substance satisfactory to the Purchaser. The Construction Security may be applied to the payment of liquidated damages or other Damages and accrued interest thereon as set forth in Clause 12.5. 12.4.1.2 If at any time prior to the Commercial Operation Date, the amount of Construction Period Security is reduced as a result of Purchaser’s draw upon such Construction Period Security to less than the amount of Construction Period Security required to be provided by Seller through the period ending on the Commercial Operation Date, Seller shall replenish such Construction Period Security to the amount of Construction Period Security required to be provided by Seller through the period ending on the Commercial Operation Date within five (5) days of that draw. 12.4.1.3 Purchaser shall return any undrawn amount of the Construction Period Security to Seller within thirty (30) days after Purchaser’s receipt of the full amount of the Operating Period Security. 12.4.1.4 There shall be no discontinuity between the expiration of the Construction Security and the effectiveness of the Operations Security (defined below), and the Construction Security shall be returned to the Seller promptly following delivery to the Purchaser of the Operations Security and the occurrence of the effective date of the Operations Security.

Construction Security. 12.4.1.1 On or before Financial Closing, the Seller shall provide to the Purchaser security ("Construction Security") in the amount of [◆] to secure Seller’s obligations in the period between the Effective Date and the Commercial Operation Date (“Construction Period Security”). The Security”).The Construction Security shall be an unconditional and irrevocable direct pay letter of credit issued by a bank acceptable to the Purchaser in form and substance satisfactory to the Purchaser. The Construction Security may be applied to the payment of liquidated damages or other Damages and accrued interest thereon as set forth in Clause 12.5. 12.4.1.2 If at any time prior to the Commercial Operation Date, the amount of Construction Period Security is reduced as a result of Purchaser’s draw upon such Construction Period Security to less than the amount of Construction Period Security required to be provided by Seller through the period ending on the Commercial Operation Date, Seller shall replenish such Construction Period Security to the amount of Construction Period Security required to be provided by Seller through the period ending on the Commercial Operation Date within five (5) days of that draw. 12.4.1.3 Purchaser shall return any undrawn amount of the Construction Period Security to Seller within thirty (30) days after Purchaser’s receipt of the full amount of the Operating Period Security. 12.4.1.4 There shall be no discontinuity between the expiration of the Construction Security and the effectiveness of the Operations Security (defined below), and the Construction Security shall be returned to the Seller promptly following delivery to the Purchaser of the Operations Security and the occurrence of the effective date of the Operations Security.

Construction Security. 12.4.1.1 On or before Financial Closing, the Seller shall provide to the Purchaser security ("Construction Security") in the amount of [◆] to secure Seller’s obligations in the period between the Effective Date and the Commercial Operation Date (“Construction Period Security”). The Security”).The Construction Security shall be an unconditional and irrevocable direct pay letter of credit issued by a bank acceptable to the Purchaser in form and substance satisfactory to the Purchaser. The Construction Security may be applied to the payment of liquidated damages or other Damages and accrued interest thereon as set forth in Clause 12.5. 12.4.1.2 If at any time prior to the Commercial Operation Date, the amount of Construction Period Security is reduced as a result of Purchaser’s draw upon such Construction Period Security to less than the amount of Construction Period Security required to be provided by Seller through the period ending on the Commercial Operation Date, Seller shall replenish such Construction Period Security to the amount of Construction Period Security required to be provided by Seller through the period ending on the Commercial Operation Date within five (5) days of that draw. 12.4.1.3 Purchaser shall return any undrawn amount of the Construction Period Security to Seller within thirty (30) days after Purchaser’s receipt of the full amount of the Operating Period Security. 12.4.1.4 There shall be no discontinuity between the expiration of the Construction Security and the effectiveness of the Operations Security (defined below), and the Construction Security shall be returned to the Seller promptly following delivery to the Purchaser of the Operations Security and the occurrence of the effective date of the Operations Security.

Construction Security. 12.4.1.1 12.3.1.1 On or before Financial Closing, the Seller shall provide to the Purchaser security ("Construction Security") in the amount of [◆] ]. to secure Seller’s obligations in the period between the Effective Date and the Commercial Operation Date (“Construction Period Security”). The Construction Security shall be an unconditional and irrevocable direct pay letter of credit issued by a bank acceptable to the Purchaser in form and substance satisfactory to the Purchaser. The Construction Security may be applied to the payment of liquidated damages or other Damages and accrued interest thereon as set forth in Clause 12.512.4. 12.4.1.2 12.3.1.2 If at any time prior to the Commercial Operation Date, the amount of Construction Period Security is reduced as a result of Purchaser’s draw upon such Construction Period Security to less than the amount of Construction Period Security required to be provided by Seller through the period ending on the Commercial Operation Date, Seller shall replenish such Construction Period Security to the amount of Construction Period Security required to be provided by Seller through the period ending on the Commercial Operation Date within five (5) days of that draw. 12.4.1.3 12.3.1.3 Purchaser shall return any undrawn amount of the Construction Period Security to Seller within thirty (30) days after Purchaser’s receipt of the full amount of the Operating Period Security. 12.4.1.4 12.3.1.4 There shall be no discontinuity between the expiration of the Construction Security and the effectiveness of the Operations Security (defined below), and the Construction Security shall be returned to the Seller promptly following delivery to the Purchaser of the Operations Security and the occurrence of the effective date of the Operations Security.

Construction Security. 12.4.1.1 On or before Financial Closing, the Seller shall provide to the Purchaser security ("Construction Security") in the amount of [◆] ]. to secure Seller’s obligations in the period between the Effective Date and the Commercial Operation Date (“Construction Period Security”). The Security”).The Construction Security shall be an unconditional and irrevocable direct pay letter of credit issued by a bank acceptable to the Purchaser in form and substance satisfactory to the Purchaser. The Construction Security may be applied to the payment of liquidated damages or other Damages and accrued interest thereon as set forth in Clause 12.5. 12.4.1.2 If at any time prior to the Commercial Operation Date, the amount of Construction Period Security is reduced as a result of Purchaser’s draw upon such Construction Period Security to less than the amount of Construction Period Security required to be provided by Seller through the period ending on the Commercial Operation Date, Seller shall replenish such Construction Period Security to the amount of Construction Period Security required to be provided by Seller through the period ending on the Commercial Operation Date within five (5) days of that draw. 12.4.1.3 Purchaser shall return any undrawn amount of the Construction Period Security to Seller within thirty (30) days after Purchaser’s receipt of the full amount of the Operating Period Security. 12.4.1.4 There shall be no discontinuity between the expiration of the Construction Security and the effectiveness of the Operations Security (defined below), and the Construction Security shall be returned to the Seller promptly following delivery to the Purchaser of the Operations Security and the occurrence of the effective date of the Operations Security.

Construction Security. 12.4.1.1 On or before Financial Closing, the Seller shall provide to the Purchaser security ("Construction Security") in the amount of [◆] ]. to secure Seller’s obligations in the period between the Effective Date and the Commercial Operation Date (“Construction Period Security”). The Construction Security shall be an unconditional and irrevocable direct pay letter of credit issued by a bank acceptable to the Purchaser in form and substance satisfactory to the Purchaser. The Construction Security may be applied to the payment of liquidated damages or other Damages and accrued interest thereon as set forth in Clause 12.5. 12.4.1.2 If at any time prior to the Commercial Operation Date, the amount of Construction Period Security is reduced as a result of Purchaser’s draw upon such Construction Period Security to less than the amount of Construction Period Security required to be provided by Seller through the period ending on the Commercial Operation Date, Seller shall replenish such Construction Period Security to the amount of Construction Period Security required to be provided by Seller through the period ending on the Commercial Operation Date within five (5) days of that draw. 12.4.1.3 Purchaser shall return any undrawn amount of the Construction Period Security to Seller within thirty (30) days after Purchaser’s receipt of the full amount of the Operating Period Security. 12.4.1.4 There shall be no discontinuity between the expiration of the Construction Security and the effectiveness of the Operations Security (defined below), and the Construction Security shall be returned to the Seller promptly following delivery to the Purchaser of the Operations Security and the occurrence of the effective date of the Operations Security.

Construction Security. 12.4.1.1 On or before Financial Closing, the Seller shall provide to the Purchaser security ("Construction Security") in the amount of [◆] to ]to secure Seller’s obligations in the period between the Effective Date and the Commercial Operation Date (“Construction Period Security”). The Construction Security shall be an unconditional and irrevocable direct pay letter of credit issued by a bank acceptable to the Purchaser in form and substance satisfactory to the Purchaser. The Construction Security may be applied to the payment of liquidated damages or other Damages and accrued interest thereon as set forth in Clause 12.5. 12.4.1.2 If at any time prior to the Commercial Operation Date, the amount of Construction Period Security is reduced as a result of Purchaser’s draw upon such Construction Period Security to less than the amount of Construction Period Security required to be provided by Seller through the period ending on the Commercial Operation Date, Seller shall replenish such Construction Period Security to the amount of Construction Period Security required to be provided by Seller through the period ending on the Commercial Operation Date within five (5) days of that draw. 12.4.1.3 Purchaser shall return any undrawn amount of the Construction Period Security to Seller within thirty (30) days after Purchaser’s receipt of the full amount of the Operating Period Security. 12.4.1.4 There shall be no discontinuity between the expiration of the Construction Security and the effectiveness of the Operations Security (defined below), and the Construction Security shall be returned to the Seller promptly following delivery to the Purchaser of the Operations Security and the occurrence of the effective date of the Operations Security.

Construction Security. 12.4.1.1 On or before Financial Closing, the Seller shall provide to the Purchaser security ("Construction Security") in the amount of [◆] ]to secure Seller’s obligations in the period between the Effective Date and the Commercial Operation Date (“Construction Period Security”). The Construction Security shall be an unconditional and irrevocable direct pay letter of credit issued by a bank acceptable to the Purchaser in form and substance satisfactory to the Purchaser. The Construction Security may be applied to the payment of liquidated damages or other Damages and accrued interest thereon as set forth in Clause 12.5. 12.4.1.2 If at any time prior to the Commercial Operation Date, the amount of Construction Period Security is reduced as a result of Purchaser’s draw upon such Construction Period Security to less than the amount of Construction Period Security required to be provided by Seller through the period ending on the Commercial Operation Date, Seller shall replenish such Construction Period Security to the amount of Construction Period Security required to be provided by Seller through the period ending on the Commercial Operation Date within five (5) days of that draw. 12.4.1.3 Purchaser shall return any undrawn amount of the Construction Period Security to Seller within thirty (30) days after Purchaser’s receipt of the full amount of the Operating Period Security. 12.4.1.4 There shall be no discontinuity between the expiration of the Construction Security and the effectiveness of the Operations Security (defined below), and the Construction Security shall be returned to the Seller promptly following delivery to the Purchaser of the Operations Security and the occurrence of the effective date of the Operations Security.