Common use of Performance Assurance Clause in Contracts

Performance Assurance. (a) Seller’s Performance Assurance. Performance Assurance requirement is applicable with respect to Seller, but not with respect to Buyer. Seller shall be required, within thirty (30) Business Days of the Trade Date of a Product Order, to post Seller’s Performance Assurance through either the: (i) posting of a Letter of Credit; or (ii) posting of cash collateral in the amount indicated as the initial Performance Assurance Requirement on such Product Order with Buyer. For avoidance of doubt, Xxxxxx’s Performance Assurance with respect to a Designated System is required regardless of whether such Designated System is Energized as of the Trade Date or Energized within the thirty (30) Business Day period after the Trade Date.

Performance Assurance. (a) Seller’s Performance Assurance. Performance Assurance requirement is applicable with respect to Seller, but not with respect to Buyer. Seller shall be required, within thirty (30) Business Days of the Trade Date of a Product Order, to post Seller’s Performance Assurance through either the: (i) posting of a Letter of Credit; or (ii) posting of cash collateral in the amount indicated as the initial Performance Assurance Requirement on such Product Order with Buyer. For avoidance of doubt, XxxxxxSeller’s Performance Assurance with respect to a Designated System is required regardless of whether such Designated System is Energized as of the Trade Date or Energized within the thirty (30) Business Day period after the Trade Date.

Performance Assurance. (a) SellerCollateral ThresholdSeller’s Performance Assurance. Performance Assurance requirement is applicable with respect to Seller, but not with respect to Buyer. Seller shall be required, within thirty (30) Business Days of the Trade Date of a Product Order, to post “Seller’s Performance Assurance Assurance” through either the: (i) posting of a Letter of Credit; or (ii) posting of cash collateral in the amount indicated as the initial Performance Assurance Requirement on such Product Order with Buyer. For avoidance of doubt, Xxxxxx’s Performance Assurance with respect to a Designated System is required regardless of whether such Designated System is Energized as of the Trade Date or Energized within the thirty (30) Business Day period after the Trade Date.

Performance Assurance. (a) Seller’s Performance Assurance. Performance Assurance requirement is applicable with respect to Seller, but not with respect to Buyer. Seller shall be required, within thirty (30) Business Days of the Trade Date of a Product Order, to post Seller’s Performance Assurance through either the: (i) posting of a Letter of Credit; or (ii) posting of cash collateral in the amount indicated as the initial Performance Assurance Requirement on such Product Order with Buyer. 57 For avoidance of doubt, XxxxxxSeller’s Performance Assurance with respect to a Designated System is required regardless of whether such Designated System is Energized as of the Trade Date or Energized within the thirty (30) Business Day period after the Trade Date.Date.58

Performance Assurance. (a) Collateral Threshold Seller’s Performance Assurance. Performance Assurance requirement is applicable with respect to Seller, but not with respect to Buyer. Seller shall be required, within thirty (30) Business Days of the Trade Date of a Product Order, to post “Seller’s Performance Assurance Assurance” through either the: (i) posting of a Letter of Credit; or (ii) posting of cash collateral in the amount indicated as the initial Performance Assurance Requirement on such Product Order with Buyer. For avoidance of doubt, Xxxxxx’s Performance Assurance with respect to a Designated System is required regardless of whether such Designated System is Energized as of the Trade Date or Energized within the thirty (30) Business Day period after the Trade Date.