Common use of Return of Performance Assurance Clause in Contracts

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. 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 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 Xxxxx has no obligation to return Performance Assurance if the Agreement is terminated due to an Event of Default by Seller.. ONLY

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 the Agreement for failure to receive Regulatory Approval, (iii) termination of this the Agreement because the Facility was not constructed due to a Force Majeure Event, or (iv) termination of this the Agreement due to a an Event of Default by Buyer. For purposes of clarification, Buyer Xxxxx has no obligation to return Performance Assurance if the Agreement is terminated due to an Event of Default by Seller.