Common use of Transmission Service Agreement Clause in Contracts

Transmission Service Agreement. (a) Seller may terminate this Agreement in the event that the TSA is terminated for any reason other than a default by Buyer under the TSA, which is also an Event of Default by Buyer under Section 9.1(f)(ii) or (iii) of this Agreement. Unless the TSA is terminated (x) prior to the Commercial Operation Date pursuant to Section 3.3.3(a) or 3.3.5 of the TSA or (y) due to a Non-Excused Outage under the TSA, subject to the return of Credit Support as provided in Section 6.3, such termination of this Agreement by Seller shall be without liability under this Agreement. If the TSA is terminated prior to the Commercial Operation Date pursuant to Section 3.3.3(a) or 3.3.5 of the TSA, then upon Seller’s termination of this Agreement under this Section 8.3(a), Seller shall pay Buyer the Termination Payment calculated in accordance with Section 9.3(b)(ii)(B). If the termination of the TSA occurs on or after the Commercial Operation Date due to a Non-Excused Outage under the TSA, then upon Seller’s termination of this Agreement under this Section 8.3(a), Seller shall pay Buyer the Termination Payment in accordance with Section 9.3(b)(iv)(B). Nothing herein shall be construed as a waiver or modification of any rights or remedies of Buyer under the TSA.

Transmission Service Agreement. (a) Seller may terminate this Agreement in the event that the TSA is terminated for any reason other than a default by Buyer under the TSA, which is also an Event of Default by Buyer under Section 9.1(f)(ii) or (iii) of this Agreement. Unless the TSA is terminated (x) prior to the Commercial Operation Date pursuant to Section 3.3.3(a) or 3.3.5 of the TSA or (y) due to a Non-Excused Outage under the TSA, subject to the return of Credit Support as provided in Section 6.36.8, such termination of this Agreement by Seller shall be without liability under this Agreement. If the TSA is terminated prior to the Commercial Operation Date pursuant to Section 3.3.3(a) or 3.3.5 of the TSA, then upon Seller’s termination of this Agreement under this Section 8.3(a), Seller shall pay Buyer the Termination Payment calculated in accordance with Section 9.3(b)(ii)(B). If the termination of the TSA occurs on or after the Commercial Operation Date due to a Non-Excused Outage under the TSA, then upon Seller’s termination of this Agreement under this Section 8.3(a), Seller shall pay Buyer the Termination Payment in accordance with Section 9.3(b)(iv)(B). Nothing herein shall be construed as a waiver or modification of any rights or remedies of Buyer under the TSA.