Termination and Termination Damages for Failure to Achieve Guaranteed Commercial Operations Date Sample Clauses

Termination and Termination Damages for Failure to Achieve Guaranteed Commercial Operations Date. If, upon the expiration of the aforesaid 180-Day period (the "COD Xxxxx XX Period"), Seller has not achieved the Commercial Operations Date, Company shall have the right, notwithstanding any other provision of this Agreement to the contrary, to terminate this Agreement with immediate effect by issuing a written termination notice to Seller designating the Day such termination is to be effective. The effective date of such termination shall be not later than the date that is thirty (30) Days after such notice is deemed to be received by Seller, and not earlier than the first to occur of the Day such notice is deemed to be received by Seller or the Day following the expiration of the COD Xxxxx XX Period. Without limiting the generality of the preceding sentence, the earliest Day upon which a termination of this Agreement can be effective as a result of a failure to achieve Commercial Operations by the Guaranteed Commercial Operations Date would be the Day following expiration of the COD Xxxxx XX Period. If the Agreement is terminated by Company pursuant to this Section 13.4 (Damages and Termination), Company shall have the right to collect liquidated damages ("Termination Damages"), which shall be calculated in accordance with Article 16 (Damages in the Event of Termination By Company) of this Agreement.‌‌‌‌‌‌
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Related to Termination and Termination Damages for Failure to Achieve Guaranteed Commercial Operations Date

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