Termination of Duty to Buy Sample Clauses

Termination of Duty to Buy. If this Agreement is terminated because of Seller’s default, Seller may not require Buyer to purchase energy from the Facility before the date on which the Term would have ended had this Agreement remained in effect. Seller hereby waives its rights to require Buyer to do so.
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Termination of Duty to Buy. If this Agreement is terminated because of an Event of Default by Seller, then neither Seller nor an Affiliate of Seller or any successor to Seller’s ownership in the Facility or the Premises, may, directly or indirectly, require or seek to require PacifiCorp to make any purchases from the Facility or any electric generation facility or storage facility constructed on the Premises under PURPA, or any other Requirements of Law, for any periods that would have been within the Term had this Agreement remained in effect for its full term.
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Termination of Duty to Buy. If this Agreement is terminated because of Seller’s default, Seller may not thereafter require or seek to require PacifiCorp to purchase energy from the Facility under PURPA (or any other Requirements of Law) for any periods that would have been within the Term had this Agreement remained in effect at any higher price than as set forth herein, or with any other terms or conditions that are more favorable to the Seller than those set forth herein. Seller hereby waives its rights to require PacifiCorp to do so. This Section 10.4 shall survive the termination of this Agreement.
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Termination of Duty to Buy. If this Agreement is terminated because of a default by Seller, neither Seller nor Facility Owners may thereafter require or seek to require Buyer to purchase energy from the Facilities under PURPA (on account of its status as a QF), or any other Requirements of Law, for any periods that would have been within the Term had this Agreement remained in effect. Seller, on behalf of itself and on behalf of any other entity on whose behalf it may act, hereby waives its rights to require Buyer to do so.
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Termination of Duty to Buy. If this Agreement is terminated because of an Event of Default by Seller and Seller wishes to again sell Net Output to PacifiCorp following such termination, PacifiCorp in its sole discretion may require that Seller do so subject to the terms of this Agreement, including but not limited to the Contract Price, until the termination date. Seller agrees that it will not take any action or permit any action to occur the result of which avoids or seeks to avoid the restrictions in this Section 11.4, e.g., through use or establishment of a special purpose entity or other Affiliate.‌
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Termination of Duty to Buy. 22 Cumulative Remedies 22 Duty/Right to Mitigate 23 15. DISPUTE RESOLUTION 23 Negotiation of Disputes and Disagreements 23 Mediation 23 Pendency of Dispute 24 Settlement Discussions 25 Waiver of Jury Trial 25 Specific Performance 25 16. INDEMNITIES 26 INDEMNITY BY SELLER 26 INDEMNITY BY BUYER 26 Additional Cross Indemnity 26 Defense 27 Failure to Defend 27 No Dedication 27 Consequential Damages 27 Limitation on Liability 27 17. MISCELLANEOUS PROVISIONS 28 Several Obligations 28 Choice of Law 28 Partial Invalidity 28 No Waiver 28 Counterparts 28 Survival 28 Further Assurances 29 Governmental Jurisdiction and Authorization 29 Successors and Assigns 29 Notices/Changes of Address 29 General Operations 30 Duties 30 Exhibit A - Buyer’s Initial Designated Representative Exhibit B - Contact Information for Notice Requirement Exhibit C - Load Shedding, Curtailments, Redispatch Exhibit D - Method of Payment Exhibit E - Environmental Attributes Exhibit F - Description of Facilities and Premises Exhibit G - Points of Delivery/Interconnection Facilities/Metering POWER PURCHASE AGREEMENT (PURCHASE OF NONFIRM ENERGY FROM QF FACILITIES) THIS POWER PURCHASE AGREEMENT (PURCHASE OF NONFIRM ENERGY) (“Agreement”), entered into this day of , is between [Company Name] a (“Seller”), [Entity Type] and Golden Spread Electric Cooperative, Inc. (“Buyer”), a Texas electric cooperative corporation. Seller and Buyer are sometimes hereinafter referred to collectively as the “Parties” and individually as a “Party.”
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Termination of Duty to Buy. If this Agreement is terminated following the Initial Delivery Date because of a default by Seller, neither Seller (or any Affiliate), nor any successor to Seller with respect to the ownership of the Renewable Energy Facility or Premises, may thereafter require or seek to require PacifiCorp to enter into a power purchase agreement or otherwise purchase energy or capacity from the Renewable Energy Facility or any facility constructed on the Premises under PURPA, or any other Requirements of Law, for any periods that would have been within the Term had this Agreement remained in effect; provided, however, that such prohibition on seeking or requiring PacifiCorp to enter into a power purchase agreement or otherwise purchase energy or capacity as described above shall not apply in the event that any proposed replacement agreement incorporates the Contract Price attached hereto as Exhibit 5.1.‌
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Termination of Duty to Buy. If this Agreement is terminated following the Commercial Operation Date because of a default by Seller, neither Seller (or any Affiliate), nor any successor to Seller with respect to the ownership of the Facility or Premises, may thereafter require or seek to require PacifiCorp to enter into a power purchase agreement or otherwise purchase energy or capacity from the Facility or any facility constructed on the Premises under PURPA, or any other Requirements of Law, for any periods that would have been within the Term had this Agreement remained in effect; provided, however, that such prohibition on seeking or requiring PacifiCorp to enter into a power purchase agreement or otherwise purchase energy or capacity as described above shall not apply in the event that any proposed replacement agreement incorporates the Contract Price attached hereto as Exhibit 5.1. If this Agreement is terminated prior to the Commercial Operation Date because of a default by Seller, for a period of two (2) years following the date of such termination, neither Seller (or any Affiliate), nor any successor to Seller with respect to the ownership of the Facility or Premises, may thereafter require or seek to require PacifiCorp to enter into a power purchase agreement or otherwise purchase energy or capacity from the Facility or any facility constructed on the Premises under PURPA or any other Requirements of Law using any Contract Price other than that provided in Exhibit 5.1 attached hereto. Following this two year period, Seller, Affiliate or successor to Seller may seek a new power purchase agreement with PacifiCorp for the Facility or for a facility to be constructed on the Premises, though PacifiCorp shall not be obligated to provide in such power purchase agreement avoided cost prices that are higher than the avoided cost prices contained in this Agreement for any sales of energy or capacity to PacifiCorp under that power purchase agreement prior to the expiration of five (5) years from the date this Agreement is terminated as a result of Seller’s default. The parties agree that a termination of this Agreement due to the failure of the Seller to obtain a governmental approval or authorization for the Facility or Premises or a legal challenge brought by a third party to a governmental approval or authorization that has been granted for the Facility or Premises that causes prospective Lenders to refuse to provide financing for the construction of the Facility shall not be consid...
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Termination of Duty to Buy. This section removed.
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Related to Termination of Duty to Buy

  • Termination of Agreement If this Agreement is terminated by the Representatives in accordance with the provisions of Section 5 or Section 9(a)(i) hereof, the Company shall reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable fees and disbursements of counsel for the Underwriters.

  • Termination of Rights The right of first refusal granted the --------------------- Company by Section 3(b) above and the option to repurchase the Shares in the event of an involuntary transfer granted the Company by Section 3(c) above shall terminate upon the first sale of Common Stock of the Company to the general public pursuant to a registration statement filed with and declared effective by the Securities and Exchange Commission under the Securities Act. Upon termination of the right of first refusal described in Section 3(b) and the expiration or exercise of the Repurchase Option, a new certificate or certificates representing the Shares not repurchased shall be issued, on request, without the legend referred to in Section 6(a)(ii) below and delivered to Purchaser.

  • Termination by Xxxxx Subject to Section 5.2, the CAISO may terminate this Agreement by giving written notice of termination in the event that the Participating Load commits any material default under this Agreement and/or the CAISO Tariff which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given, to the Participating Load, written notice of the default, unless excused by reason of Uncontrollable Forces in accordance with Article X of this Agreement. With respect to any notice of termination given pursuant to this Section, the CAISO must file a timely notice of termination with FERC, if this Agreement was filed with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: (1) the filing of the notice of termination is made after the preconditions for termination have been met, and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement shall terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

  • Termination by Licensor Licensor, at its option, may immediately terminate the Agreement, or any part of Patent Rights, or any part of Field, or any part of Territory, or the exclusive nature of the license grant, upon delivery of written notice to Licensee of Licensor’s decision to terminate, if any of the following occur:

  • Termination by Xxxxxx Xilinx may terminate this Agreement for material breach by Licensee, provided that Xilinx has given written notice to Licensee of such breach and Licensee fails to cure such breach within thirty (30) days thereof; provided, however, in the event of a breach of confidentiality under Section 6 whereby unauthorized disclosure and/or dissemination by electronic or other means is likely to cause undue harm to Xilinx, then Xilinx may, at its discretion, immediately terminate this Agreement and seek other appropriate equitable and legal remedies as deemed necessary to protect its interests hereunder.

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