Buyer’s Payment Obligation. Notwithstanding anything to the contrary, Buyer shall have no obligation to pay for (and shall have no other liability for and shall not be considered in breach or default under this Agreement (and no Event of Default or Potential Event of Default of Buyer shall arise) as a result of) any Energy that, regardless of reason therefor (including Force Majeure or any Reliability Curtailment), has not actually been delivered to Buyer at the Injection Point, except to the extent set forth under Section 7.4.
Buyer’s Payment Obligation. Buyer’s payment obligation shall be as follows depending on the status of development of the Generating Facilities when the Buyer gives written notice of termination:
(a) If Buyer gives notice of termination before the Preliminary Requirements are met, Buyer shall refund the amount remaining on deposit with Buyer for Buyer’s costs and inspection, less all expenses incurred by Buyer to the date of termination.
(b) If Buyer gives notice of termination after the Preliminary Requirements are met but before the Actual Commercial Operation Date, Buyer shall be liable for Seller's documented costs as set forth in Sections 9.3 and Buyer shall refund the amount remaining on deposit with Buyer for Buyer’s costs and inspection, less all expenses incurred by Buyer to the date of termination.
(c) If Buyer gives notice of termination after the Actual Commercial Operation Date, Buyer 's payment obligation shall be limited to (1) the sum of (A) the expected payment (calculated as set forth below for the Output of the Generating Facilities from the date of termination until the date on which the Buyer next had the option to exercise the Buyout Option (pursuant to Article 2); (B) if applicable, any penalties paid by the Seller to the Internal Revenue Service connected with a forfeiture of the ITC or its extension or replacement, due to a termination for convenience prior to ten (10) full years from the Actual Commercial Operation Date, and (C) the Buyout Payment per Article 2 that would have applied on the date on which the Buyer next had a termination option under Article 14 minus (2) the cost of materials and equipment retained by Seller and amounts realized from the sale of materials and equipment and not otherwise recovered by or credited to the Buyer. The expected payment for the Output of the Generating Facilities shall be calculated as:
(A) the applicable Contract Price multiplied by
(B) the Expected Annual Contract Quantity multiplied by
(C) a fraction which represents (1) the number of days between the date of termination and the date on which the Buyer next had a termination option under Article 14 divided by (2) 360.
Buyer’s Payment Obligation. Notwithstanding anything to the contrary, Buyer shall have no obligation to pay for (and shall have no other liability for) any Energy that, regardless of reason therefor, has not actually been delivered to Buyer at the Electric Interconnection Point, except to the extent set forth under Section 7.4.
Buyer’s Payment Obligation. The Seller hereby agrees that any payment made to the Seller by USANA on behalf of the Buyer to fulfill the Buyer’s payment obligations under this Agreement shall be deemed to be made by the Buyer itself pursuant to the terms and conditions of this Agreement.
