Common use of TERMINATION FOR OPERATOR’S DEFAULT Clause in Contracts

TERMINATION FOR OPERATOR’S DEFAULT. (a) the Employer shall submit to the Operator for payment an invoice for any direct out-of-pocket expenses properly and reasonably incurred by the Employer and solely attributable to such termination and, if the Employer engages a replacement operator, the additional costs reasonably incurred by the Employer in engaging such replacement operator and the amount by which the reasonable costs payable under the replacement contract for carrying out the Services exceed the amount that would have been payable to the Operator, which amount shall be deducted from any amounts outstanding to the Operator, provided, however, that if the Employer elects to engage a replacement operator, the Employer shall use its best efforts to engage such replacement operator as soon as possible after termination of this Agreement; and (b) in the event that expenses of the Employer under Section 9.6.2(a) are greater than any amount then owing to the Operator, then the Operator shall bear responsibility for the payment of such amount to the Employer provided that the Employer shall take all reasonable steps to minimize such costs, and if such costs are less than any amount owing to the Operator, the Employer shall pay the remaining balance to the Operator. 9.6.3. Any payments made pursuant to this Section 9.6 (Payments by Employer following Expiry or Termination) shall be made within thirty (30) days of the date of the invoice.