Use of Project Development Security. Buyer shall be entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages until such time as the Project Development Security is exhausted. Buyer shall also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination Date.
Use of Project Development Security. Xxxxx is entitled to draw upon the Project Development Security posted by Seller for Delay Damages in accordance with Section 2.4(a) until such time as the Project Development Security is exhausted. Xxxxx is also entitled to draw upon the Project Development Security for any damages arising upon Xxxxx’s declaration of an Early Termination Date in accordance with Section 7.2(b).
Use of Project Development Security. Buyer shall be entitled to draw upon the referProject Development Security for any damages arising upon Xxxxx’s declaration of an Early Termination Date.
Use of Project Development Security. Buyer shall be entitled to draw upon the Project Development Security posted by Seller until the Project Development Security is exhausted (1) as liquidated damages pursuant to Section 2.10(c)(iii) arising upon Buyer’s declaration of an Early Termination Date due to a failure by Seller to meet the Guaranteed Commercial Operation Date or (2) for any other damages arising upon Buyer’s declaration of an Early Termination Date. [Existing Facilities: Seller to revise this Section 4.3(c)as follows: Buyer shall be entitled to draw upon the Pre-Delivery Term Security posted by Seller in the event an Early Termination Date has occurred, as applicable and may retain the Pre-Delivery Term Security until all payment obligations of Seller arising under this Agreement, including compensation for the Termination Payment, indemnification payments or other damages are paid in full (whether directly or indirectly such as through set-ff or netting) until such time as the Pre-Delivery Term Security is exhausted. ]
Use of Project Development Security. Buyer shall be entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages until such time as the Project Development Security is exhausted. Buyer shall also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination Date. [Short Term Offers from existing ERRs, Seller to revise as follows: Buyer shall be entitled to draw upon the Pre-Delivery Term Security posted by Seller in the event an Early Termination Date has occurred, as applicable, and may retain the Pre-Delivery Term Security until all payment obligations of Seller arising under this Agreement, including compensation for the Termination Payment, indemnification payments or other damages are paid in full (whether directly or indirectly such as through set-off or netting) until such time as the Pre-Delivery Term Security is exhausted.]
Use of Project Development Security. Buyer is entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination Date in accordance with Section 7.2(b).
Use of Project Development Security. CPE is entitled to draw upon the Project Development Security posted by Provider for Delay Damages in accordance with Section 2.4(a) until such time as the Project Development Security is exhausted. CPE is also entitled to draw upon the Project Development Security for any damages arising upon CPE’s declaration of an Early Termination Date in accordance with Section 8.2.
Use of Project Development Security for New Facilities][Pre-
Use of Project Development Security. Buyer shall be entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages until such time as two million dollars ($2,000,000.00) of the Project Development Security is exhausted. Buyer shall also be entitled to draw upon the Project Development Security for (i) any damages arising upon Buyer’s declaration of an Early Termination Date, (ii) the Force Majeure Payment, or (iii) Damage Payment.
Use of Project Development Security. Buyer shall be entitled to draw upon the [Project Development Security] posted by Seller until the [Project Development Security] is exhausted (i) as liquidated damages pursuant to Section 2.10(c)(iii) arising upon Buyer’s declaration of an Early Termination Date due to a failure by Seller to meet the Guaranteed Commercial Operation Date or (ii) for any other damages arising upon Buyer’s declaration of an Early Termination Date. [Existing Facilities with a Deliver Term of one year or more: Seller to revise this Section 4.3(c)
