Pre-COD Liability. In the event of Abandonment by Seller prior to Commercial Operation, or this Agreement is terminated prior to Commercial Operation as a result of Seller’s default of any material term of this Agreement, Seller shall forfeit the Delay Security and Avista shall be entitled to, and may draw on, the entire amount of the Delay Security, and Seller shall have no additional liability.
Appears in 3 contracts
Sources: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement