COD Delay Termination Right Sample Clauses

COD Delay Termination Right. (a) Without limiting Section 15.2, if the Commercial Operation Date does not occur on or before the COD Termination Deadline, then Buyer shall have the right, exercisable by notice to Seller at any time thereafter until the Commercial Operation Date occurs, to: (i) terminate this Agreement upon notice to Seller (and to receive the Termination Payment); or (ii) if, at a lower COD Capacity Threshold and/or Storage COD Capacity Threshold, Seller would have satisfied all of the conditions to the Commercial Operation Date, require Seller to resize (A) the Expected Capacity to the highest COD Capacity Threshold and/or (B) the Storage Expected Capacity to the highest Storage COD Capacity Threshold, in each case, at which Seller satisfies all of the conditions to the Commercial Operation Date. (b) If (i) Buyer’s right to terminate set forth in Section 3.8(a) applies and Buyer has not elected to terminate within sixty (60) Days after the COD Termination Deadline, (ii) at an Available Capacity level lower than the COD Capacity Threshold (prior to any resizing) and/or at a Storage Available Capacity level lower than the Storage COD Capacity Threshold (prior to any resizing), Seller has satisfied all of the conditions to the Commercial Operation Date and (iii) Seller is in compliance with its obligation under Section 3.13, Seller shall have the right, exercisable by notice to Buyer and payment of the amount contemplated by Section 3.9 at any time thereafter until the Commercial Operation Date occurs, to resize (A) the Expected Capacity to the highest Available Capacity level (which may be less than the COD Capacity Threshold (prior to any resizing)) and/or (B) the Storage Expected Capacity to the highest Storage Available Capacity level (which may be less than the Storage COD Capacity Threshold (prior to any resizing)) at which Seller satisfies all of the conditions to the Commercial Operation Date.
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COD Delay Termination Right. (a) Without limiting Section 15.2, if the Commercial Operation Date does not occur on or before the COD Termination Deadline, then Buyer shall have the right, exercisable by notice to Seller at any time thereafter until the Commercial Operation Date occurs, to: (i) terminate this Agreement upon notice to Seller (and to receive the Termination Payment); or (ii) if, at a lower COD Capacity Threshold and/or Storage COD Capacity Threshold, Seller would have satisfied all of the conditions to the Commercial Operation Date, require Seller to resize (A) the Expected Capacity to the highest COD Capacity Threshold and/or (B) the Storage Expected Capacity to the highest Storage COD Capacity Threshold, in each case, at which Seller satisfies all of the conditions to the Commercial Operation Date.
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COD Delay Termination Right. (a) Without limiting Section 15.2, if the Commercial Operation Date does not occur on or before the COD Termination Deadline, then Buyer shall have the right, exercisable by notice to Seller at any time thereafter until the Commercial Operation Date occurs, to: (i) terminate this Agreement upon notice to Seller (and to receive the Termination Payment); or 7 NTD: Amount to be calculated by multiplying the Expected Capacity by $500/MW. (ii) if, at a lower COD Capacity Threshold, Seller would have satisfied all of the conditions to the Commercial Operation Date, require Seller to resize the Expected Capacity to the highest COD Capacity Threshold at which Seller satisfies all of the conditions to the Commercial Operation Date. (b) If (i) Buyer’s right to terminate set forth in Section 3.8(a) applies and Buyer has not elected to terminate within sixty (60) Days after the COD Termination Deadline,
Sample 1
COD Delay Termination Right. (a) Without limiting Section 15.2, if the Commercial Operation Date does not occur on or before the COD Termination Deadline, then Buyer shall have the right, exercisable by notice to Seller at any time thereafter until the Commercial Operation Date occurs, to: (i) terminate this Agreement upon notice to Seller (and to receive the Termination Payment); or (ii) if, at a lower COD Capacity Threshold, Seller would have satisfied all of the conditions to the Commercial Operation Date, require Seller to resize the Expected Capacity to the highest COD Capacity Threshold at which Seller satisfies all of the conditions to the Commercial Operation Date.
Sample 1

Related to COD Delay Termination Right

  • Early Termination Right Tenant shall have the right, subject to the provisions of this Section 39, to terminate this Lease (“Termination Right”) with respect to the entire Premises only as of July 31, 2021 (“Early Termination Date”), so long as Tenant delivers to Landlord (i) a written notice (“Termination Notice”), of its election to exercise its Termination Right no less than 12 months in advance of the Early Termination Date, and (ii) concurrent with Tenant’s delivery of the Termination Notice to Landlord, an early termination payment equal to the sum of (1) the unamortized amount of the Tenant Improvement Allowance actually disbursed by Landlord as of the Early Termination Date with amortization calculated on a straight line basis from the Commencement Date through the Base Term, (2) all of the unamortized leasing commissions paid by Landlord in connection with this Lease as of the Early Termination Date, with amortization calculated on a straight line basis from the Commencement Date through the Base Term, (3) the unamortized amount as of the Early Termination Date of the Additional Tenant Improvement Allowance actually disbursed by Landlord to Tenant, if any, with amortization calculated on a straight line basis from the Commencement Date through the Base Term, (4) the unamortized amount of the Base Rent that would have been payable during the Abatement Period had such amounts not been abated, with amortization calculated on a straight line basis from the Commencement Date through the Base Term, and (5) an amount equal to 4 months of Base Rent that would have been payable for the 4 months immediately following the Early Termination Date (collectively, the “Early Termination Payment”). If Tenant timely and properly exercises the Termination Right, Tenant shall vacate the Premises and deliver possession thereof to Landlord in the condition required by the terms of this Lease on or before the Early Termination Date and Tenant shall have no further obligations under this Lease except for those accruing prior to the Early Termination Date and those which, pursuant to the terms of this Lease, survive the expiration or early termination of this Lease. If Tenant does not deliver to Landlord the Termination Notice and the Early Termination Payment within the time period provided in this paragraph, Tenant shall be deemed to have waived its Termination Right and the provisions of this Section 39 shall have no further force or effect.

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