Common use of Duty of Levelized Security to Pay Amounts Due to PacifiCorp Clause in Contracts

Duty of Levelized Security to Pay Amounts Due to PacifiCorp. If Seller fails to pay any amount due to PacifiCorp within the time provided for payment under this Agreement, PacifiCorp shall be entitled to and shall draw upon the Levelized Security. PacifiCorp shall also be entitled to draw upon the Levelized Security for damages arising if this Agreement is terminated under Section 11 because of Seller's default. Such damages to PacifiCorp may include, but shall not be limited to, the difference, if any, between the levelized avoided cost price paid by PacifiCorp under this Agreement versus the avoided cost price PacifiCorp would have paid the Seller pursuant to Schedule 37 as such was in effect as of the Effective Date.

Duty of Levelized Security to Pay Amounts Due to PacifiCorp. If Seller fails to pay any amount due to PacifiCorp within the time provided for payment under this Agreement, PacifiCorp shall be entitled to and shall draw upon the Levelized Security. PacifiCorp shall also be entitled to draw upon the Levelized Security for damages arising if this Agreement is terminated under Section 11 because of Seller's default. Such damages to PacifiCorp may include, but shall not be limited to, the difference, if any, between the levelized avoided cost price paid by PacifiCorp under this Agreement versus the avoided cost price PacifiCorp would have paid the Seller pursuant to Schedule 37 as such was in effect as of the Effective Date.Date.‌