Common use of Termination of the C-70 Project Agreement for Developer Default during the Operating Period Clause in Contracts

Termination of the C-70 Project Agreement for Developer Default during the Operating Period. If the C-70 Project Agreement is terminated during the Operating Period for Developer Default, the Parties agree to allocate the cost of any associated Termination Amount among BE, HPTE, and CDOT as follows: a. BE shall be responsible for all components of the Termination Amount, provided that BE shall credit CDOT for any Maintenance Rectification Costs included in the Termination Amount.

Termination of the C-70 Project Agreement for Developer Default during the Operating Period. If the C-70 Project Agreement is terminated during the Operating Period for Developer Default, the Parties agree to allocate the cost of any associated Termination Amount among BE, HPTE, and CDOT as follows: a. that BE shall be responsible for all components of the Termination Amount, payable from any legally available funds of BE, provided that BE shall credit CDOT for any Maintenance Rectification Costs included in the Termination Amount.