Common use of Security is Not a Limit on Seller’s Liability Clause in Contracts

Security is Not a Limit on Seller’s Liability. The security contemplated by this Section 7: (a) constitutes security for, but is not a limitation of, Seller’s obligations under this Agreement, and (b) shall not be PacifiCorp’s exclusive remedy for Seller’s failure to perform in accordance with this Agreement. To the extent that PacifiCorp draws on the Project Development Security or the Default Security, Seller shall, within ten (10) Business Days, replenish or reinstate the drawn security to the full amount then required by this Section 7. In the event that any entity providing Default Security in the form of a guaranty no longer satisfies the Credit Requirement, Seller shall cause such guaranty to be replaced by alternate Default Security meeting the requirements of Section 7.2 within ten (10) Business Days after the earlier of (i) Seller’s receipt of notice from any source that the guarantor no longer satisfies the Credit Requirement or (ii) Seller’s receipt of written notice from PacifiCorp requesting the posting of alternate Default Security.