Common use of Termination Delay Clause in Contracts

Termination Delay. If, for any reason other than the Service Provider’s failure or refusal to comply with its obligations under this Agreement that is not otherwise excused by Force Majeure or LIPA Fault, termination of this Agreement upon a Change in Regulatory Law is delayed beyond the Termination Date under Section 8.5(B)(1) hereof (as extended pursuant to Section 8.5(B)(2) hereof, if applicable) the Service Provider shall be entitled to a delay fee equal to the product of (a) the Management Services Fee amount otherwise payable in accordance with Section 5.1(B) hereof and (b) 1.55. The delay fee payable under this Section 8.5(B)(4) will be in addition to the amounts otherwise payable by LIPA under Sections 8.5(C)(1) and 8.5(C)(3) hereof.