TERMINATION WITHOUT PRESCRIBED NOTICE. 5.5.1 If Seller terminates this Agreement or reduces the Contract Capacity thereof, without the notice prescribed, the provisions in Section 5.4 will all apply. Additionally, 5.5.2 Seller shall pay Edison an amount equal to: (1) the amount of Contract Capacity being terminated, times (2) the difference between the Current Contract Capacity Price and the Contract Capacity Price, times (3) the number of years and fractions thereof (not less than 1 year) by which the Seller has been deficient in giving prescribed notice. In the event that the Current Capacity Price is less than the Contract Capacity Price no payment under this Section 5.5.2 shall be due either Party.
Appears in 2 contracts
Sources: Power Purchase Agreement (Berry Petroleum Co), Power Purchase Agreement (Berry Petroleum Co)