Common use of Owner Liability Clause in Contracts

Owner Liability. Notwithstanding anything herein to the contrary, Owner’s liability for any payments made to Purchaser pursuant to (x) Sections 3.3.3, 3.3.5, 3.4, 4.4.1, 4.4.3(b)(iii), 7.3, 14.11 and 14.6, (y) Sections 3.3.3, 3.3.5, 3.4, 4.4.1, 4.4.3(b)(iii), 7.3, 14.11 and 14.6 of the Purchaser TSAs and (z) Sections 3.3.5, 3.4, 4.4.1, 7.3, 14.11 and 14.6 of the 110 MW TSA shall not exceed, in aggregate, an amount equal to Sixty Million Dollars ($60,000,000), which $60,000,000 shall be adjusted in accordance with the following: (a) increased by the total amount of Credit Support provided by Purchaser pursuant to Section 4.1(c) of this Agreement and Section 4.1(c) of the Purchaser TSAs; (b) reduced by the amount drawn on any Credit Support provided by Purchaser pursuant to Section 4.1(c) of this Agreement and Section 4.1(c) of the Purchaser TSAs as a result of a Purchaser Default hereunder and thereunder; (c) reduced by any amount of Credit Support that has been returned to Purchaser pursuant to Section 4.1(c) of this Agreement and Section 4.1(c) of the Purchaser TSAs; and (d) reduced by any amounts paid by Owner pursuant to Section 14.7(f) of this Agreement and Section 14.7(f) of the Purchaser TSAs.