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.
Appears in 6 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
