Buyer’s Remedies upon Termination prior to the Commercial Operation Date Sample Clauses

Buyer’s Remedies upon Termination prior to the Commercial Operation Date. In the event that Buyer terminates this Agreement due to an Event of Default by Seller occurring prior to the Commercial Operation Date, or this Agreement is terminated prior to the Commercial Operation Date as otherwise provided herein, then Seller’s remaining liability to Buyer (except for those obligations surviving termination as described in Section 15.19) shall be a Termination Payment equal to the sum of (i) all Extension Payments due and owing to Buyer by Seller, plus (ii) the liquidated damages owed pursuant to the end of Section 4.2 and/or Section 9.3 (which in the aggregate shall not exceed $_______________ (equal to the amount required for Development Period Credit Support)), plus (iii) all Delay Damages due and owing to Buyer by Seller through the date of such termination, plus (iv) all reasonable costs and expenses (including the reasonable expenses and fees of Buyer’s counsel) incurred by Xxxxx in connection with the Event of Default (as applicable) and/or Buyer’s enforcement of this Agreement, plus (v) all other amounts accrued and owing to Buyer from Seller hereunder.
Sample 1
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Buyer’s Remedies upon Termination prior to the Commercial Operation Date. In the event that Buyer terminates this Agreement due to an Event of Default by Seller occurring prior to the Commercial Operation Date, or this Agreement is terminated prior to the Commercial Operation Date as otherwise provided herein, then Seller's remaining liability to Buyer (except for those obligations surviving termination as described in Section 15.19) shall be a Termination Payment equal to the sum of (i) all Extension Payments due and owing to Buyer by Seller, plus (ii) the liquidated damages owed pursuant to the end of Section 4.2 and/or Section 9.3 (which in the aggregate shall not exceed $108,000.00), plus
Sample 1

Related to Buyer’s Remedies upon Termination prior to the Commercial Operation Date

  • Actions upon Termination In the event of termination not the fault of the Contractor, the Contractor shall be paid for the services properly performed prior to termination, together with any reimbursable expenses then due, but in no event shall such compensation exceed the maximum compensation to be paid under the Contract. The Contractor agrees that this payment shall fully and adequately compensate the Contractor and all subcontractors for all profits, costs, expenses, losses, liabilities, damages, taxes, and charges of any kind whatsoever (whether foreseen or unforeseen) attributable to the termination of this Contract. Upon termination for any reason, the Contractor shall provide Seattle with the most current design documents, contract documents, writings and other product it has completed to the date of termination, along with copies of all project-related correspondence and similar items. Seattle shall have the same rights to use these materials as if termination had not occurred.

  • Withdrawals upon Termination 31.4.1 Notwithstanding anything to the contrary contained in this Agreement, all amounts standing to the credit of the Escrow Account shall, upon Termination, be appropriated in the following order:

  • Events Upon Termination (a) If this Agreement is terminated, cancelled or ends for any reason, the Operator shall:

  • Default Remedies Termination A. [Sec. 400]

  • Liability Upon Termination Termination of this Agreement, or any part hereof, for any cause shall not release either Party from any liability which at the time of termination had already accrued to the other Party or which thereafter accrues in any respect to any act or omission occurring prior to the termination or from an obligation which is expressly stated in this Agreement to survive termination.

  • Recovery upon Termination H6.1 On the termination of the Contract for any reason, the Contractor shall at its cost:

  • Remedies Upon Event of Default If any Event of Default occurs and is continuing, the Administrative Agent shall, at the request of, or may, with the consent of, the Required Lenders, take any or all of the following actions:

  • Certification of Funds; Budget and Fiscal Provisions; Termination in the Event of Non-Appropriation This Agreement is subject to the budget and fiscal provisions of the City’s Charter. Charges will accrue only after prior written authorization certified by the Controller, and the amount of City’s obligation hereunder shall not at any time exceed the amount certified for the purpose and period stated in such advance authorization. This Agreement will terminate without penalty, liability or expense of any kind to City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, this Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. City has no obligation to make appropriations for this Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and the Board of Supervisors. Contractor’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement. THIS SECTION CONTROLS AGAINST ANY AND ALL OTHER PROVISIONS OF THIS AGREEMENT.

  • Retention of Records, Right to Monitor and Audit (a) CONTRACTOR shall maintain all required records for three (3) years after the COUNTY makes final payment and all other pending matters are closed, and shall be subject to the examination and/or audit of the County, a Federal grantor agency, and the State of California.

  • Remedies Upon an Event of Default If an Event of Default shall have occurred and shall be continuing, the Holder of this Note may at any time at its option, declare the entire unpaid principal balance of this Note, together with all interest accrued hereon, due and payable, and thereupon, the same shall be accelerated and so due and payable; provided, however, that upon the occurrence of an Event of Default described in Section 3.1(f), without presentment, demand, protest, or notice, all of which are hereby expressly unconditionally and irrevocably waived by the Borrower, the outstanding principal balance and accrued interest hereunder shall be automatically due and payable. In addition, if an Event of Default shall have occurred and be continuing, the Holder may exercise or otherwise enforce any one or more of the Holder’s rights, powers, privileges, remedies and interests under this Note or applicable law and institute such actions or proceedings in law or equity as it shall deem expedient for the protection of its rights and may prosecute and enforce its claims against all assets and property of the Borrower, and in connection with any such action or proceeding shall be entitled to receive from the Borrower, payment of the principal amount of this Note plus accrued interest to the date of payment plus reasonable expenses of collection, including, without limitation, attorneys' and experts' fees and expenses. No course of delay on the part of the Holder shall operate as a waiver thereof or otherwise prejudice the right of the Holder. No remedy conferred hereby shall be exclusive of any other remedy referred to herein or now or hereafter available at law, in equity, by statute or otherwise.

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