Use of Project Development Security. Buyer shall be entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages until such time as the Project Development Security is exhausted. Buyer shall also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination Date.
Appears in 17 contracts
Sources: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
Use of Project Development Security. Buyer shall be entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages until such time as the Project Development Security is exhausted. Buyer shall also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination Date.
Appears in 10 contracts
Sources: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Use of Project Development Security. Buyer shall be entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages until such time as the Project Development Security is exhausted. Buyer shall also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination Date.
Appears in 9 contracts
Sources: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Use of Project Development Security. Buyer shall be is entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages in accordance with Section 2.4(a) until such time as the Project Development Security is exhausted. Buyer shall is also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination DateDate in accordance with Section 7.2(b).
Appears in 4 contracts
Sources: Capacity Storage Agreement, Capacity Storage Agreement, Capacity Storage Agreement
Use of Project Development Security. Buyer shall be entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages until such time as the Project Development Security is exhausted. Buyer shall also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination Date.
Appears in 4 contracts
Sources: Master Power Purchase and Sale Agreement, Master Power Purchase and Sale Agreement, Master Power Purchase and Sale Agreement
Use of Project Development Security. Buyer shall be is entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages in accordance with Section (a) until such time as the Project Development Security is exhausted. Buyer shall ▇▇▇▇▇ is also be entitled to draw upon the Project Development Security for any damages arising upon Buyer▇▇▇▇▇’s declaration of an Early Termination DateDate in accordance with Section (b).
Appears in 4 contracts
Sources: Cpe Resource Adequacy Agreement, Cpe Resource Adequacy Agreement, Cpe Resource Adequacy Agreement
Use of Project Development Security. Buyer shall be is entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages in accordance with Article One until such time as the Project Development Security is exhausted. Buyer shall also be is entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination DateDate in accordance with Section 7.2(b).
Appears in 3 contracts
Sources: Distribution Services Agreement, Distribution Services Agreement, Distribution Services Agreement
Use of Project Development Security. Buyer shall be is entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages in accordance with Section 13.2(a) until such time as the Project Development Security is exhausted. Buyer shall is also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination DateDate in accordance with Section 4.2(b).
Appears in 2 contracts
Use of Project Development Security. Buyer shall be entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages until such time as the Project Development Security is exhausted. Buyer shall also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination DateDate or a reduction in Contract Capacity by Seller in accordance with Section 3.9(c)(iv)(C).
Appears in 1 contract
Sources: Power Purchase Agreement
Use of Project Development Security. Buyer shall be entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages until such time as the Project Development Security is exhausted. Buyer shall also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination Date prior to the Commercial Operation Date, with such damages limited to the posted Project Development Security.
Appears in 1 contract
Sources: Power Purchase and Sale Agreement
Use of Project Development Security. Buyer shall be is entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages in accordance with Section (a) until such time as the Project Development Security is exhausted. Buyer shall is also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination DateDate in accordance with Section (b).
Appears in 1 contract
Sources: Cpe Resource Adequacy Agreement
Use of Project Development Security. Buyer shall be entitled to draw upon the [Project Development Security Security] posted by Seller for Daily Delay Damages until such time as the [Project Development Security Security] is exhausted. Buyer shall also be entitled to draw upon the [Project Development Security Security] for any damages arising upon Buyer▇▇▇▇▇’s declaration of an Early Termination Date.
Appears in 1 contract
Sources: Power Purchase Agreement
Use of Project Development Security. Buyer shall be is entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages until such time as the Project Development Security in accordance with Section 2.4(a). ▇▇▇▇▇ is exhausted. Buyer shall also be entitled to draw upon the Project Development Security for any damages arising upon Buyer▇▇▇▇▇’s declaration of an Early Termination DateDate in accordance with Section 8.2(b). Seller shall within ten (10) Business Days after any draw thereon replenish the Project Development Security in the event Buyer collects or draws down any portion of the Project Development Security for any reason permitted under this Agreement other than to satisfy a Termination Payment.
Appears in 1 contract
Sources: Capacity Storage Agreement
Use of Project Development Security. Buyer shall be entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages until such time as $ [insert dollar amount equal to $100/kw] of the Project Development Security is exhausted. Buyer shall also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination Date.
Appears in 1 contract
Sources: Power Purchase Agreement
Use of Project Development Security. Buyer shall be entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages until such time as the Project Development Security is exhausted. Buyer shall also be entitled to draw upon the Project Development Security for Partial Completion Damages and any damages arising upon Buyer’s declaration of an Early Termination Date.
Appears in 1 contract
Sources: Power Purchase Agreement
Use of Project Development Security. Buyer shall be entitled to draw upon the [Project Development Security Security] posted by Seller for Daily Delay Damages until such time as the [Project Development Security Security] is exhausted. Buyer shall also be entitled to draw upon the [Project Development Security Security] for any damages damages, including the Damage Payment, arising upon Buyer’s declaration of an Early Termination Date.
Appears in 1 contract
Sources: Power Purchase Agreement