Common use of Delivery Term Security Clause in Contracts

Delivery Term Security. (A) CS-GT Projects with Contract Capacity less than or equal to three (3) MW: Delivery Term Security pursuant to this Section 8.4(a)(ii)(A) in the amount of $20/kW multiplied by the Contract Capacity of the Project as reflected in the Cover Sheet from the Commercial Operation Date, until the end of the Term, provided that, with Buyer’s consent, Seller may elect to apply the Project Development Security posted pursuant to Section 8.4(a)(i)(A) toward the Delivery Term Security posted pursuant to this Section 8.4(a)(ii)(A). (B) CS-GT Projects with Contract Capacity greater than three (3) MW: Delivery Term Security pursuant to this Section 8.4(a)(ii)(B) in the amount of $120/kW multiplied by the Contract Capacity of the Project as reflected in the Cover Sheet from the date required pursuant to Section 3.1(c)(i) as a condition precedent to the Initial Energy Delivery Date, until the end of the Term; provided that, with Buyer’s consent, Seller may elect to apply the Project Development Security posted pursuant to Section 8.4(a)(i)(B) toward the Delivery Term Security posted pursuant to this Section 8.4(a)(ii)(C) and deliver or cause to be delivered to Buyer the difference between the posted Project Development Security and the required Delivery Term Security. The amount of Performance Assurance required under this Agreement shall not be deemed a limitation of damages. Except as specifically provided for in this Section 8.4(a), Buyer acknowledges that Seller shall not be required to post any additional security.

Delivery Term Security. (A) DAC-GT or CS-GT Projects with Contract Capacity less than or equal to three (3) MW: Delivery Term Security pursuant to this Section 8.4(a)(ii)(A) in the amount of $20/kW multiplied by the Contract Capacity of the Project as reflected in the Cover Sheet from the Commercial Operation Date, until the end of the Term, provided that, with Buyer’s consent, Seller may elect to apply the Project Development Security posted pursuant to Section 8.4(a)(i)(A) toward the Delivery Term Security posted pursuant to this Section 8.4(a)(ii)(A). (B) DAC-GT Projects with Contract Capacity greater than three (3) MW: Delivery Term Security pursuant to this Section 8.4(a)(ii)(B) in the amount of five percent (5%) of expected total Project revenues from the required pursuant to Section 3.1(c)(i) as a condition precedent to the Initial Energy Delivery Date, until the end of the Term; provided that, with Buyer’s consent, Seller may elect to apply the Project Development Security posted pursuant to Section 8.4(a)(i)(B) toward the Delivery Term Security posted pursuant to this Section 8.4(a)(ii)(B) and deliver or cause to be delivered to Buyer the difference between the posted Project Development Security and the required Delivery Term Security. (C) CS-GT Projects with Contract Capacity greater than three (3) MW: Delivery Term Security pursuant to this Section 8.4(a)(ii)(B8.4(a)(ii)(C) in the amount of $120/kW multiplied by the Contract Capacity of the Project as reflected in the Cover Sheet from the date required pursuant to Section 3.1(c)(i) as a condition precedent to the Initial Energy Delivery Date, until the end of the Term; provided that, with Buyer’s consent, Seller may elect to apply the Project Development Security posted pursuant to Section 8.4(a)(i)(B) toward the Delivery Term Security posted pursuant to this Section 8.4(a)(ii)(C) and deliver or cause to be delivered to Buyer the difference between the posted Project Development Security and the required Delivery Term Security. The amount of Performance Assurance required under this Agreement shall not be deemed a limitation of damages. Except as specifically provided for in this Section 8.4(a), Buyer acknowledges that Seller shall not be required to post any additional security.