Remedies - Seller Events of Default Clause Samples

Remedies - Seller Events of Default. (A) Subject to 10.2(D), if a Seller Event of Default occurs and is continuing (subject to Clause 1.2(0)), the Purchaser shall have the right, upon written notice from the Purchaser to the Project Entities, at its option, to take any or all of the following actions (in each case, without double recovery): (1) demand and promptly receive all Deliveries then owing by the Seller to the Purchaser (in accordance with Clause 2.3); (2) claim and promptly receive all Losses of the Purchaser arising out of or in connection with such Seller Event of Default and, if applicable, related termination of this Agreement, which amount shall be immediately due and payable on demand, provided that: (a) the Early Termination Amount has not been claimed in respect of the relevant Seller Event of Default under Clause 10.2(A)(3); and (b) the amount of Losses recoverable in respect of a Seller Event of Default, shall be capped at the Early Termination Amount (calculated in accordance with paragraph (A) of such definition), and the Purchaser may issue a Termination Notice in respect of such Seller Event of Default but shall not be required to issue such Termination Notice in order to exercise any rights under this Clause 10.2(A)(2); (3) issue a Termination Notice and demand the Early Termination Amount, which amount shall be due and payable on demand 10 Business Days after the date of determination of the Early Termination Amount in accordance with Clause 10.3 in immediately available funds by direct deposit by the Seller to such bank account as is nominated by the Purchaser in the Termination Notice; (4) until the Security Release Date, enforce any of the Security or otherwise exercise any of its rights under or in connection the Security Documents subject to, and in accordance with, the provisions of the lntercreditor Agreement; and (5) demand and promptly receive all of the Purchaser's costs of enforcing rights in connection with such Seller Event of Default and taking any of the actions under or in connection with this Clause 10.2(A) which amount shall be immediately due and payable on demand. (B) The Parties hereby acknowledge and agree that, in respect of any exercise of rights under Clause 10.2(A)(3): (1) the Purchaser will be damaged by a Seller Event of Default; (2) it would be impracticable or extremely difficult to fix the actual Losses resulting from a Seller Event of Default; (3) any sums payable in accordance with Clause 10.2(A)(3) with respect to a Seller Event of De...