Common use of Return of Performance Assurance Clause in Contracts

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).

Appears in 7 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

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Return of Performance Assurance. Buyer shall return the unused portion of Project Development Security, Delivery Term 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 4.6 (“CAISO Charges”), Termination Payment, indemnification payments or other damages are paid in full (whether directly or indirectly such as through set-off or netting).

Appears in 4 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Return of Performance Assurance. Buyer shall return the unused portion of Project Development Security Security, Delivery Term 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 4.3 (“CAISO Charges”), Termination Payment, indemnification payments or other damages are paid in full (whether directly or indirectly such as through set-off or netting); and (iii) all WREGIS Certificates have been transferred to Buyer’s WREGIS Account.

Appears in 3 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

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 4.6 (“CAISO Charges”), Termination Payment, indemnification payments or other damages are paid in full (whether directly or indirectly such as through set-off or netting).

Appears in 3 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Return of Performance Assurance. Buyer shall return the unused portion of [Project Development Security 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).

Appears in 1 contract

Samples: Power Purchase Agreement

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Return of Performance Assurance. Buyer shall return the unused portion of [Project Development Security], Interim Period Security or Delivery Term Security, as applicable, including the payment of any interest due thereon, pursuant to Section 8.4(d8.4(f) 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).

Appears in 1 contract

Samples: Power Purchase Agreement

Return of Performance Assurance. Buyer shall return the unused portion of Project Development Security, Delivery Term Security or Delivery Term Security, as applicable, including the payment of any interest due thereon, pursuant to Section 8.4(d8.3(d) above, to Seller promptly after the following has occurred: (i) the Term of the Agreement has ended, or subject to Section 8.38.2, 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).

Appears in 1 contract

Samples: Power Purchase Agreement

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