Common use of Termination Payment After the Initial Delivery Date Occurs Clause in Contracts

Termination Payment After the Initial Delivery Date Occurs. If the Early Termination Date occurs after the Initial Delivery Date, then the Termination Payment shall equal the sum of all amounts owed by the Defaulting Party to the Non-Defaulting Party under this Agreement, including a Forward Settlement Amount (if any), less any amounts owed by the Non-Defaulting Party to the Defaulting Party determined as of the Early Termination Date. [Notwithstanding the foregoing, if this Agreement is terminated due to an Event of Default under Section 10.01(b)(xvii) (failure to exercise Maximum Efforts during an N-2 Event), then the Termination Payment shall be the greater of (a) the amount calculated pursuant to the preceding sentence and (b) the Performance Assurance.]

Termination Payment After the Initial Delivery Date Occurs. If the Early Termination Date occurs after the Initial Delivery Date, then the Termination Payment shall equal the sum of all amounts owed by the Defaulting Party to the Non-Defaulting Party under this Agreement, including a Forward Settlement Amount (if any), less any amounts owed by the Non-Defaulting Party to the Defaulting Party determined as of the Early Termination Date. [Notwithstanding the foregoing, if this Agreement is terminated due to an Event of Default under Section 10.01(b)(xvii10.01(b)(xix) (failure to exercise Maximum Efforts during an N-2 Event), then the Termination Payment shall be the greater of (a) the amount calculated pursuant to the preceding sentence and (b) the Performance Assurance.]