Termination of Project Development Security. If after the Initial Energy Delivery Date no damages are due and owing to Buyer under this Agreement, then Seller shall no longer be required to maintain the Project Development Security, and Buyer shall return to Seller the Project Development Security, less the amounts drawn in accordance with Section 8.4(b). The Project Development Security (or portion thereof) due to Seller shall be returned to Seller within five (5) Business Days of Seller’s provision of the Delivery Term Security, as applicable unless, with Buyer’s consent, Seller elects to apply the Project Development Security posted pursuant to Section 8.4(a)(i) toward the Delivery Term Security posted pursuant to Section 8.4(a)(ii), as applicable.
Termination of Project Development Security. Seller shall no longer be required to maintain the Project Development Security (or the remaining balance thereof) after the Commercial Operation Date, if at such time no damages are owed to PacifiCorp under this Agreement. However, as of the Commercial Operation Date, Seller may elect to apply the Project Development Security toward the Default Security required by Section 8.2, including by the automatic continuation (as opposed to the replacement) thereof.
Termination of Project Development Security. If after the Initial Delivery Date no damages are due and owing to Buyer under this Agreement, then Seller shall no longer be required to maintain the [Project Development Security], and Buyer shall return to Seller the [Project Development Security] within five (5) Business Days of Seller’s provision of the Delivery Term Security unless, with Buyer’s consent, Seller elects to apply the [Project Development Security] posted pursuant to Section 4.3(a)(ii) toward the Delivery Term Security posted pursuant to Section 4.3(b). [
Termination of Project Development Security. If after the Commercial Operation Date no damages are due and owing to Buyer under this Agreement, then Seller shall no longer be required to maintain the Project Development Security, and Buyer shall return to Seller the Project Development Security, less the amounts drawn in accordance with Section 8.4(b). If Seller has met the Guaranteed Commercial Operation Date, then the Project Development Security returned shall include amounts held by Buyer as Daily Delay Damages due to a delayed Construction Start Date. The Project Development Security (or portion thereof) due to Seller shall be returned to Seller within five (5) Business Days of Seller’s provision of the Delivery Term Security unless, with Buyer’s consent, Seller elects to apply the Project Development Security posted pursuant to Section 8.4(a)(ii) toward the Delivery Term Security posted pursuant to Section 8.4(a)(iii).
Termination of Project Development Security. If after the Commercial Operation Date no damages are owed to Buyer under this Agreement, then Seller shall no longer be required to maintain the Project Development Security, and Project Development Security, amounts held by Buyer as Daily Delay Damages due to a delayed Construction Start Date shall be returned to Seller within five (5) Business Days of Seller’s provision of the Delivery Term Security; provided however, that with Buyer’s consent, Seller may elect to apply the Project Development Security toward the Delivery Term Security, if any, provided pursuant to this Section 8.4.
Termination of Project Development Security. If after the Commercial Operation Date no damages are due and owing to Buyer under this Agreement, then Seller shall no longer be required to maintain the [Project Development Security], and Buyer shall return to Seller the [Project Development Security], less the amounts drawn in accordance with Section 8.4(b). If Seller has met the Guaranteed Commercial Operation Date, then the [Project Development Security returned shall include amounts held by Buyer as Daily Delay Damages due to a delayed Construction Start Date][Pre-Delivery Term Security returned shall include amounts held by Buyer]. The [Project Development Security] (or portion thereof) due to Seller shall be returned to Seller within five (5) Business Days of Seller’s provision of the Delivery Term Security unless, with Buyer’s consent, Seller elects to apply the [Project Development Security] posted pursuant to Section 8.4(a)(ii) toward the Delivery Term Security posted pursuant to Section 8.4(a)(iii). [Short Term Offers from existing ERRs: Seller to replace Project Development Security with Pre-Delivery Term Security]
Termination of Project Development Security. Seller shall no longer be required to maintain the Project Development Security (or the remaining balance thereof) after the Commercial Operation Date, if at such time no damages are owed to PacifiCorp under this Agreement. However, as of the Commercial Operation Date, Seller may elect to apply the Project Development Security toward the Default Security required by Section 8.2, including by the automatic continuation (as opposed to the replacement) thereof. PacifiCorp shall refund the Project Development Security within thirty (30) days of the Commercial Operation Date, unless the Seller elects to apply the Project Development Security toward Default Security as provided in this Section.
Termination of Project Development Security. If after the Commercial Operation Date no damages are due and owing to Buyer under this Agreement, then Seller shall no longer be required to maintain the [Project Development Security], and Buyer shall return to Seller the [Project Development Security], less the amounts drawn in accordance with Section 8.4(b). If Seller has met the Guaranteed Commercial Operation Date, then the [Project Development Security returned shall include amounts held by Buyer as Daily Delay Damages due to a delayed Construction Start Date]. The Project Development Security (or portion thereof) due to Seller shall be returned to Seller within five (5) Business Days of Seller’s provision of the Interim Period Security or Delivery Term Security, as applicable unless, with Buyer’s consent, Seller elects to apply the [Project Development Security] posted pursuant to Section 8.4(a)(ii) toward the Interim Period Security or Delivery Term Security posted pursuant to Section 8.4(a)(iii) or (iv), as applicable.
Termination of Project Development Security. If: (a) a no-fault termination has occurred in accordance with Section 10.1; or (b) after the Commercial Operation Date no damages are owed to Buyer under this Agreement, then Seller shall no longer be required to maintain the Project Development Security, and Project Development Security amounts held by Buyer as Daily Delay Damages due to a delayed Construction Start Date shall be returned to Seller within five (5) Business Days of Seller’s provision of the Delivery Term Security; provided however, that with Buyer’s consent, Seller may elect to apply the Project Development Security toward the Delivery Term Security, if any, provided pursuant to this Section 8.4. In addition, if CPUC Approval is not received within the time period set forth in Section 11.2, then any Project Development Security remaining and held by Buyer shall be returned to Seller within five (5) Business Days of the definitive failure to receive CPUC Approval and resulting termination of the Agreement pursuant to Section 11.2.
Termination of Project Development Security. If after Seller posts the Full Performance Assurance or the Remaining Performance Assurance pursuant to Section 8.4(a)(iii)(B) no damages are owed to Buyer under this Agreement, then Seller shall no longer be required to maintain the Project Development Security provided pursuant to Section 8.4(a)(ii), and such Project Development Security, or any portion not owed to Buyer shall be returned to Seller within two (2) Business Days of Seller's provision of the Full Performance Assurance or the Remaining Performance Assurance, as applicable, provided however, that with Buyer's advance written consent, Seller may elect to apply the Project Development Security towards the Full Performance Assurance or the Remaining Performance Assurance provided pursuant to Section 8.4(a)(iii)(B). "
