Return of Delivery Term Security. Buyer shall return the unused portion of Delivery Term Security, including the payment of any interest due thereon, pursuant to Special Provision 13.2(e) above, to Seller promptly after the following has occurred: (i) the Term of the Confirmation has ended, or subject to Section 5.2 of the EEI Master Agreement, an Early Termination Date has occurred related to the Confirmation, as applicable; and (ii) all payment obligations of Seller arising under this Confirmation, including Termination Payment, indemnification payments or other damages are paid in full (without regard to any set-off or netting, neither of which is permitted under any circumstances with respect to any other transaction between the Parties). [New or Existing Facilities with a Delivery Term of less than one year: Seller to delete this subsection.]
Appears in 2 contracts
Sources: Confirmation Agreement, Confirmation Agreement