Common use of Calculation of Settlement Amount Clause in Contracts

Calculation of Settlement Amount. Except as otherwise set forth in this Agreement, in the Event of Default with respect to Buyer as the “Defaulting Party”, the following shall occur: Buyer shall return Seller’s Performance Assurance held by Xxxxx and any unpaid RECs that are not eligible for payment by the date the Settlement Amount is due; Seller shall calculate a Settlement Amount as a single amount by subtracting: (a) any or all other amounts due to Buyer under this Agreement from (b) any or all other amounts due to Seller under this Agreement, so that all such amounts will be netted out to a single liquidated amount (the “Settlement Amount”); if the Settlement Amount is a positive amount that is due to Seller, Buyer shall pay the Settlement Amount to Seller; if the Settlement Amount is a negative amount, there shall not be a Settlement Amount and Seller shall not owe any amount to Buyer; and the Settlement Amount, if any, is due to Seller as the Non-Defaulting Party within two (2) Business Days following notice by Seller to Buyer pursuant to Section 10.3. Except as otherwise set forth in this Agreement, including Sections 3.2(i), 3.5(b), 3.5(c), 5.1(c) and 5.1(g), in the Event of Default with respect to Seller as the “Defaulting Party”, the following shall occur: Buyer shall calculate a Settlement Amount as the sum of the Collateral Requirement and the result obtained by subtracting: (a) any or all other amounts due to Seller under this Agreement from (b) any or all other amounts due to Buyer under this Agreement, so that all such amounts will be netted out to a single liquidated amount (the “Settlement Amount”); if the Settlement Amount is a positive amount that is due to Buyer, Seller shall pay the Settlement Amount to Buyer; if the Settlement Amount is a negative amount, there shall not be a Settlement Amount and Buyer shall not owe any amount to Seller; and the Settlement Amount, if any, is due to Buyer as the Non-Defaulting Party within two (2) Business Days following notice by Buyer to Seller pursuant to Section 10.3. Unless Seller pays the Settlement Amount in full during this two (2) Business Day period, Seller’s Performance Assurance held by Buyer shall be applied to the Settlement Amount, with any excess Performance Assurance Amount returned to Seller. For avoidance of doubt, the Non-Defaulting Party shall not owe any amount as Settlement Amount to the Defaulting Party and payment of the Settlement Amount shall only be from the Defaulting Party to the Non-Defaulting Party.

Calculation of Settlement Amount. ‌ (a) Except as otherwise set forth in this Agreement, in the Event of Default with respect to Buyer as the “Defaulting Party”, the following shall occur: : (i) Buyer shall return Seller’s Performance Assurance held by Xxxxx Buyer and any unpaid RECs that are not eligible for payment by the date the Settlement Amount is due; ; (ii) Seller shall calculate a Settlement Amount as a single amount by subtracting: (a) any or all other amounts due to Buyer under this Agreement from (b) any or all other amounts due to Seller under this Agreement, so that all such amounts will be netted out to a single liquidated amount (the “Settlement Amount”); if ; (iii) If the Settlement Amount is a positive amount that is due to Seller, Buyer shall pay the Settlement Amount to Seller; if ; (iv) If the Settlement Amount is a negative amount, there shall not be a Settlement Amount and Seller shall not owe any amount to Buyer; and . (v) the Settlement Amount, if any, is due to Seller as the Non-Defaulting Party within two (2) Business Days following notice by Seller to Buyer pursuant to Section 10.3. 9.3. (b) Except as otherwise set forth in this Agreement, including Sections 3.2(i), 3.5(b), 3.5(c), 5.1(c) and 5.1(gSection 2.2(i), in the Event of Default with respect to Seller as the “Defaulting Party”, the following shall occur: : (i) Buyer shall calculate a Settlement Amount as the sum of the Collateral Requirement and the result obtained by subtracting: (a) any or all other amounts due to Seller under this Agreement from (b) any or all other amounts due to Buyer under this Agreement, so that all such amounts will be netted out to a single liquidated amount (the “Settlement Amount”); if ; (ii) If the Settlement Amount is a positive amount that is due to Buyer, Seller shall pay the Settlement Amount to Buyer; if ; (iii) If the Settlement Amount is a negative amount, there shall not be a Settlement Amount and Buyer shall not owe any amount to Seller; and . (iv) the Settlement Amount, if any, is due to Buyer as the Non-Defaulting Party within two (2) Business Days following notice by Buyer to Seller pursuant to Section 10.39.3. Unless Seller pays the Settlement Amount in full during this two (2) Business Day period, Seller’s Performance Assurance held by Buyer shall be applied to the Settlement Amount, with any excess Performance Assurance Amount Amounts returned to Seller. . (c) For avoidance of doubt, the Non-Defaulting Party shall not owe any amount as Settlement Amount to the Defaulting Party and payment of the Settlement Amount shall only be from the Defaulting Party to the Non-Defaulting Party.

Calculation of Settlement Amount. ‌ (a) Except as otherwise set forth in this Agreement, in the Event of Default with respect to Buyer as the “Defaulting Party”, the following shall occur: : (i) Buyer shall return Seller’s Performance Assurance held by Xxxxx Buyer and any unpaid RECs that are not eligible for payment by the date the Settlement Amount is due; ; (ii) Seller shall calculate a Settlement Amount as a single amount equal to the multiplicative product of (A) the Purchase Price and (B) the quantity of RECs that are eligible for payment and were Delivered but were not yet paid by subtracting: (a) any or all other amounts due to Buyer under this Agreement from (b) any or all other amounts due to Seller under this AgreementBuyer, so that all such amounts will which shall be netted out subject to a single liquidated amount (maximum quantity of RECs such that the “Settlement Amount”); if quantity of RECs previously paid and the quantity of RECs used to calculate the Settlement Amount is a positive amount that is due to Seller, Buyer shall pay the Settlement Amount to Seller; if the Settlement Amount is a negative amount, there shall not be a Settlement Amount and Seller shall not owe any amount to Buyer; and cumulatively exceed the Maximum Contract Quantity. (iii) the Settlement Amount, if any, is due to Seller as the Non-Defaulting Party within two (2) Business Days following notice by Seller to Buyer pursuant to Section 10.3. 9.3. (b) Except as otherwise set forth in this Agreement, including Sections 3.2(i), 3.5(b), 3.5(c), 5.1(c) and 5.1(gSection 2.2(j), in the Event of Default with respect to Seller as the “Defaulting Party”, the following shall occur: : (i) Buyer shall calculate a Settlement Amount as the sum of the Collateral Requirement and the result obtained by subtracting: Requirement; (aii) any or all other amounts due to Seller under this Agreement from (b) any or all other amounts due to Buyer under this Agreement, so that all such amounts will be netted out to a single liquidated amount (the “Settlement Amount”); if the Settlement Amount is a positive amount that is due to Buyer, Seller shall pay the Settlement Amount to Buyer; if the Settlement Amount is a negative amount, there shall not be a Settlement Amount and Buyer shall not owe any amount to Seller; and the Settlement Amount, if any, is due to Buyer as the Non-Defaulting Party within two (2) Business Days following notice by Buyer to Seller pursuant to Section 10.39.3. Unless Seller pays the Settlement Amount in full during this two (2) Business Day period, Seller’s Performance Assurance held by Buyer shall be applied to the Settlement Amount, with any excess Performance Assurance Amount Amounts returned to Seller. . (c) For avoidance of doubt, the Non-Defaulting Party shall not owe any amount as Settlement Amount to the Defaulting Party and payment of the Settlement Amount shall only be from the Defaulting Party to the Non-Defaulting Party.

Calculation of Settlement Amount. Except as otherwise set forth in this Agreement, in the Event of Default with respect to Buyer as the “Defaulting Party”, the following shall occur: Buyer shall return Seller’s Performance Assurance held by Xxxxx and any unpaid RECs that are not eligible for payment by the date the Settlement Amount is due; Seller shall calculate a Settlement Amount as a single amount by subtracting: (a) any or all other amounts due to Buyer under this Agreement from (b) any or all other amounts due to Seller under this Agreement, so that all such amounts will be netted out to a single liquidated amount (the “Settlement Amount”); if the Settlement Amount is a positive amount that is due to Seller, Buyer shall pay the Settlement Amount to Seller; if the Settlement Amount is a negative amount, there shall not be a Settlement Amount and Seller shall not owe any amount to Buyer; and the Settlement Amount, if any, is due to Seller as the Non-Defaulting Party within two (2) Business Days following notice by Seller to Buyer pursuant to Section 10.3. Except as otherwise set forth in this Agreement, including Sections 3.2(i3.2(j), 3.5(b), 3.5(c), 3.5(d), 5.1(c) and 5.1(g), in the Event of Default with respect to Seller as the “Defaulting Party”, the following shall occur: Buyer shall calculate a Settlement Amount as the sum of the Collateral Requirement and the result obtained by subtracting: (a) any or all other amounts due to Seller under this Agreement from (b) any or all other amounts due to Buyer under this Agreement, so that all such amounts will be netted out to a single liquidated amount (the “Settlement Amount”); if the Settlement Amount is a positive amount that is due to Buyer, Seller shall pay the Settlement Amount to Buyer; if the Settlement Amount is a negative amount, there shall not be a Settlement Amount and Buyer shall not owe any amount to Seller; and the Settlement Amount, if any, is due to Buyer as the Non-Defaulting Party within two (2) Business Days following notice by Buyer to Seller pursuant to Section 10.3. Unless Seller pays the Settlement Amount in full during this two (2) Business Day period, Seller’s Performance Assurance held by Buyer shall be applied to the Settlement Amount, with any excess Performance Assurance Amount returned to Seller. For avoidance of doubt, the Non-Defaulting Party shall not owe any amount as Settlement Amount to the Defaulting Party and payment of the Settlement Amount shall only be from the Defaulting Party to the Non-Defaulting Party.

Calculation of Settlement Amount. Except as otherwise set forth in this Agreement, in the Event of Default with respect to Buyer as the “Defaulting Party”, the following shall occur: Buyer shall return Seller’s Performance Assurance held by Xxxxx and any unpaid RECs that are not eligible for payment by the date the Settlement Amount is due; Seller shall calculate a Settlement Amount as a single amount by subtractingnetting out: (a) all amounts that are due to Buyer for Product that has been Delivered and not yet paid for, plus, at the option of Seller, any cash, security or other Performance Assurance then available to Seller, plus any or all other amounts due to Buyer under this Agreement from against (b) all Settlement Amounts that are due to Seller, plus any or all other amounts due to Seller under this Agreement, so that all such amounts will be netted out to a single liquidated amount (the “Settlement AmountTermination Payment”); if If the Settlement Amount Termination Payment is a positive amount that is due to Selleramount, Buyer shall pay the Settlement Amount Termination Payment to Seller; if If the Settlement Amount Termination Payment is a negative amount, there shall not be a Settlement Amount Termination Payment and Seller shall not owe any amount to Buyer; and . the Settlement AmountTermination Payment, if any, is due to Seller as the Non-Defaulting Party within two (2) Business Days following notice by Seller to Buyer pursuant to Section 10.3. Except as otherwise set forth in this Agreement, including Sections 3.2(i), 3.5(b), 3.5(c), 5.1(c) and 5.1(g), in the Event of Default with respect to Seller as the “Defaulting Party”, the following shall occur: Buyer shall calculate a Settlement Amount as the sum of the Collateral Requirement and the result obtained a single amount by subtractingnetting out: (a) all amounts that are due to Seller for Product that has been Delivered and not yet paid for, plus, at the option of Buyer, any cash, security or other Performance Assurance then available to Buyer, plus any or all other amounts due to Seller under this Agreement from against (b) all Settlement Amounts that are due to Buyer, plus any or all other amounts due to Buyer under this Agreement, so that all such amounts will be netted out to a single liquidated amount (the “Settlement AmountTermination Payment”); if If the Settlement Amount Termination Payment is a positive amount that is due to Buyeramount, Seller shall pay the Settlement Amount Termination Payment to Buyer; if If the Settlement Amount Termination Payment is a negative amount, there shall not be a Settlement Amount Termination Payment and Buyer shall not owe any amount to Seller; and . the Settlement AmountTermination Payment, if any, is due to Buyer as the Non-Defaulting Party within two (2) Business Days following notice by Buyer to Seller pursuant to Section 10.3. Unless Seller pays the Settlement Amount Termination Payment in full during this two (2) Business Day period, Seller’s Performance Assurance held by Buyer shall be applied to the Settlement AmountTermination Payment, with any excess Performance Assurance Amount Amounts returned to Seller. For avoidance of doubt, the Non-Defaulting Party shall not owe any amount as Settlement Amount Termination Payment to the Defaulting Party and payment of the Settlement Amount Termination Payment shall only be from the Defaulting Party to the Non-Defaulting Party.

Calculation of Settlement Amount. Except as otherwise set forth in this Agreement, in the Event of Default with respect to Buyer as the “Defaulting Party”, the following shall occur: Buyer shall return Seller’s Performance Assurance held by Xxxxx and any unpaid RECs that are not eligible for payment by the date the Settlement Amount is due; Seller shall calculate a Settlement Amount as a single amount by subtracting: (a) any or all other amounts due to Buyer under this Agreement from (b) any or all other amounts due to Seller under this Agreement, so that all such amounts will be netted out to a single liquidated amount (the “Settlement Amount”); if If the Settlement Amount is a positive amount that is due to Seller, Buyer shall pay the Settlement Amount to Seller; if If the Settlement Amount is a negative amount, there shall not be a Settlement Amount and Seller shall not owe any amount to Buyer; and . the Settlement Amount, if any, is due to Seller as the Non-Defaulting Party within two (2) Business Days following notice by Seller to Buyer pursuant to Section 10.3. Except as otherwise set forth in this Agreement, including Sections Section 3.2(i), 3.5(b), 3.5(c), 5.1(c) and 5.1(g), in the Event of Default with respect to Seller as the “Defaulting Party”, the following shall occur: Buyer shall calculate a Settlement Amount as the sum of the Collateral Requirement and the result obtained by subtracting: (a) any or all other amounts due to Seller under this Agreement from (b) any or all other amounts due to Buyer under this Agreement, so that all such amounts will be netted out to a single liquidated amount (the “Settlement Amount”); if If the Settlement Amount is a positive amount that is due to Buyer, Seller shall pay the Settlement Amount to Buyer; if If the Settlement Amount is a negative amount, there shall not be a Settlement Amount and Buyer shall not owe any amount to Seller; and . the Settlement Amount, if any, is due to Buyer as the Non-Defaulting Party within two (2) Business Days following notice by Buyer to Seller pursuant to Section 10.3. Unless Seller pays the Settlement Amount in full during this two (2) Business Day period, Seller’s Performance Assurance held by Buyer shall be applied to the Settlement Amount, with any excess Performance Assurance Amount Amounts returned to Seller. For avoidance of doubt, the Non-Defaulting Party shall not owe any amount as Settlement Amount to the Defaulting Party and payment of the Settlement Amount shall only be from the Defaulting Party to the Non-Defaulting Party.