Common use of Termination and Termination Damages for Failure to Achieve a Guaranteed Project Milestone Date Clause in Contracts

Termination and Termination Damages for Failure to Achieve a Guaranteed Project Milestone Date. If, upon the expiration of the Construction ▇▇▇▇▇ ▇▇ Period or the COD ▇▇▇▇▇ ▇▇ Period, as applicable, Seller has not achieved the applicable Guaranteed Project Milestone, Company shall have the right, notwithstanding any other provision of this Agreement to the contrary, to terminate this Agreement with immediate effect by issuing a written termination notice to Seller designating the Day such termination is to be effective, provided that Company shall issue such notice no later than thirty (30) Days following the expiration of the Construction ▇▇▇▇▇ ▇▇ Period or the COD ▇▇▇▇▇ ▇▇ Period, as applicable. The effective date of such termination shall be not later than the date that is thirty (30) Days after such notice is deemed to be received by Seller, and not earlier than the later to occur of the Day such notice is deemed to be received by Seller or the Day following the expiration of the Construction ▇▇▇▇▇ ▇▇ Period or the COD ▇▇▇▇▇ ▇▇ Period, as applicable. If the Agreement is terminated by Company pursuant to this Section 13.4 (Damages and Termination), Company shall have the right to collect Termination Damages, which shall be calculated in accordance with Article 16 (Damages in the Event of Termination by Company) of this Agreement.

Termination and Termination Damages for Failure to Achieve a Guaranteed Project Milestone Date. If, upon the expiration of the Construction ▇▇▇▇▇ ▇▇ Period or the COD ▇▇▇▇▇ ▇▇ Period, as applicable, Seller has not achieved the applicable Guaranteed Project MilestoneMilestone Date, Company shall have the right, notwithstanding any other provision of this Agreement to the contrary, to terminate this Agreement with immediate effect by issuing a written termination notice to Seller designating the Day such termination is to be effective, provided that Company shall issue such notice no later than thirty (30) Days following the expiration of the Construction ▇▇▇▇▇ ▇▇ Period or the COD ▇▇▇▇▇ ▇▇ Period, as applicable. The effective date of such termination shall be not later than the date that is thirty (30) Days after such notice is deemed to be received by Seller, and not earlier than the later to occur of the Day such notice is deemed to be received by Seller or the Day following the expiration of the Construction ▇▇▇▇▇ ▇▇ Period or the COD ▇▇▇▇▇ ▇▇ Period, as applicable. Without limiting the generality of the preceding sentence, the earliest Day upon which a termination of this Agreement can be effective as a result of a failure to achieve Guaranteed Project Milestone would be the Day following expiration of the COD ▇▇▇▇▇ ▇▇ Period. If the Agreement is terminated by Company pursuant to this Section 13.4 (Damages and Termination), Company shall have the right to collect liquidated damages ("Termination Damages"), which shall be calculated in accordance with Article 16 (Damages in the Event of Termination by By Company) of this Agreement.

Termination and Termination Damages for Failure to Achieve a Guaranteed Project Milestone Date. If, upon the expiration of the Construction ▇▇▇▇▇ ▇▇ Period or the COD ▇▇▇▇▇ ▇▇ Period, as applicable, Seller Subscriber Organization has not achieved the applicable Guaranteed Project Milestone, Company shall have the right, notwithstanding any other provision of this Agreement to the contrary, to terminate this Agreement with immediate effect by issuing a written termination notice to Seller Subscriber Organization designating the Day such termination is to be effective, provided that Company shall issue such notice no later than thirty (30) Days following the expiration of the Construction ▇▇▇▇▇ ▇▇ Period or the COD ▇▇▇▇▇ ▇▇ Period, as applicable. The effective date of such termination shall be not later than the date that is thirty (30) Days after such notice is deemed to be received by SellerSubscriber Organization, and not earlier than the later to occur of the Day such notice is deemed to be received by Seller Subscriber Organization or the Day following the expiration of the Construction ▇▇▇▇▇ ▇▇ Period or the COD ▇▇▇▇▇ ▇▇ Period, as applicable. If the Agreement is terminated by Company pursuant to this Section 13.4 (Damages and Termination), Company shall have the right to collect Termination Damages, which shall be calculated in accordance with Article 16 (Damages in the Event of Termination by Company) of this Agreement.