Common use of Settlement Calculation Clause in Contracts

Settlement Calculation. If either party exercises a termination right after the Commercial Operation Date, the non-defaulting Party shall calculate a settlement amount (“Settlement Amount”) equal to the amount the non-defaulting Party’s aggregate Losses and Costs less any Gains, determined as of the Early Termination Date. Prior to the Commercial Operation Date, the Settlement Amount shall be zero dollars ($0). If the non-defaulting Party’s aggregate Gains exceed its aggregate Losses and Costs, if any, determined as of the Early Termination Date, the Settlement Amount shall be Zero dollars ($0).

Settlement Calculation. If either party exercises a termination right after the Commercial Operation Date, the non-defaulting Party shall calculate a settlement amount (“Settlement Amount”) equal to the amount the non-defaulting Party’s aggregate Losses and Costs less any Gains, determined as of the Early Termination Datetermination date noticed by non-defaulting Party. Prior to the Commercial Operation Date, the Settlement Amount shall be zero dollars ($0). If the non-defaulting Party’s aggregate Gains exceed its aggregate Losses and Costs, if any, determined as of the Early Termination Datetermination date, the Settlement Amount shall be Zero dollars ($0).