Return of Performance Assurance. Buyer shall return the unused portion of Project Development Security or Delivery Term Security, as applicable, including the payment of any interest due thereon, pursuant to Section 8.4(d) above, to Seller promptly after the following has occurred: (i) the Term of the Agreement has ended, or subject to Section 8.3, an Early Termination Date has occurred, as applicable; and (ii) all payment obligations of the Seller arising under this Agreement, including payments pursuant to Section 4.5 (“CAISO Charges”), Termination Payment, indemnification payments or other damages are paid in full (whether directly or indirectly such as through set-off or netting).
Return of Performance Assurance. Buyer shall return the unused portion of Performance Assurance, including the payment of any Interest Amount due thereon pursuant to Section 10.4(b) above, to Seller promptly after the following has occurred: (i) the Term has ended, or subject to Section 7.2, an Early Termination Date has occurred, as applicable; and (ii) all payment obligations of the Seller arising under this Agreement, including the Termination Payment, indemnification payments or other damages are paid in full. Ten.5Letter of Credit . Performance Assurance provided in the form of a Letter of Credit (see Appendix VII-A) is subject to the following provisions:
Return of Performance Assurance. SCE shall return to Seller the unused portion of the Performance Assurance, including any interest accrued thereon pursuant to Section 7.03(a), as soon as reasonably practicable after (i) the Delivery Period has ended; and (ii) Seller has satisfied all monetary obligations which survive termination of this Agreement.
Return of Performance Assurance. Unless otherwise specified, Performance Assurance shall be returned to Seller either: (i) with the first payment for RECs from the System, or (ii) termination of this Agreement because the System was not constructed due to a Force Majeure Event, or (iii) termination of this Agreement due to an Event of Default by Buyer. For purposes of clarification, Xxxxx has no obligation to return Performance Assurance if the Agreement is terminated due to an Event of Default by Seller.
Return of Performance Assurance. Performance Assurance shall be returned to Seller at the earlier of (i) thirty (30) days after the In-Service Date, (ii) termination of this Agreement for failure to receive Regulatory Approval, (iii) termination of this Agreement because the Facility was not constructed due to a Force Majeure Event, or (iv) termination of this Agreement due to a Event of Default by Buyer. For purposes of clarification, Buyer has no obligation to return Performance Assurance if the Agreement is terminated due to an Event of Default by Seller.
Return of Performance Assurance. Buyer shall return the unused portion of Project Development Security or Delivery Term Security, as applicable, including the payment of any interest due thereon, pursuant to Section 8.4(d) above, to Seller promptly after the following has occurred:
Return of Performance Assurance. (i) Buyer shall promptly return to Seller the unused portion of the CPUC Approval Security after the earlier of (A) the date on which Seller has delivered the Development Period Security or the Construction Period Security, as applicable, and (B) termination of the Agreement under Section 2.4(b)(ii).
Return of Performance Assurance. (i) Buyer shall promptly return to Seller the unused portion of the Development Period Security after the earlier of (A) the date on which Seller has delivered the Construction Period Security, and (B) termination of the Agreement by Buyer or Seller where the Development Period Security is to be returned to Seller as described in Section 2.4(b)(ii).
Return of Performance Assurance. RG&E shall return to Owner the unused portion of the Performance Assurance, including any interest accrued thereon pursuant to Section 7.3(a), as soon as reasonably practicable after (i) the Term has ended; and (ii) Owner has satisfied all monetary obligations under this Agreement that survive termination of this Agreement.
Return of Performance Assurance. Buyer shall promptly return to Seller the unused portion of the CPUC Approval Security after the earlier of (A) the date on which Seller has delivered the Development Period Security or the Construction Period Security, as applicable, and (B) termination of the Agreement under Section 2.4(b)(ii). Buyer shall promptly return to Seller the unused portion of the Development Period Security after the earlier of (A) the date on which Seller has delivered the Construction Period Security, and (B) termination of the Agreement under Section 2.4(b)(ii). Buyer shall promptly return to Seller the unused portion of the Construction Period Security after the earlier of (A) the date on which Seller has delivered the Delivery Term Security, and (B) the date that all payment obligations of the Seller arising under this Agreement, including compensation for penalties, Termination Payment, indemnification payments or other damages are paid in full (whether directly or indirectly such as through set-off or netting) after an Early Termination Date. Buyer shall promptly return to Seller the unused portion of the Delivery Term Security after the following have occurred: (A) the Delivery Term has expired or terminated early; and (B) all payment obligations of the Seller arising under this Agreement, including compensation for penalties, Termination Payment, indemnification payments or other damages are paid in full (whether directly or indirectly such as through set-off or netting).
