Without prejudice to Clause 2. 2, if a Total Loss Event occurs and any insurance proceeds are paid to the Offshore Security Trustee (as loss payee) but are not made available to ASM to repair or reinstate the ASM Plant in accordance with the Reinstatement Plan and Clause 4.4(b) of the Common Terms Agreement where ASM has elected to repair or reinstate the ASM Plant as contemplated by paragraph (a)(i), this Agreement shall immediately terminate.
Appears in 2 contracts
Sources: Offtake Agreement, Offtake Agreement (Momentive Performance Materials Inc.)