Cost Allocation Upon Termination. 48 SECTION 8 MISCELLANEOUS.....................................................................48
Cost Allocation Upon Termination. In connection with the termination of this Agreement under this Section 7, except as provided in Sections 7.3 and 7.4, Glacier and WesterFed will each pay their own out-of-pocket costs incurred in connection with this Agreement, and neither party will have any liability to the other party, unless this Agreement is terminated or the Transaction is not consummated due to the willful breach of a party.
Cost Allocation Upon Termination. In connection with the termination of this Agreement under this Section 7, except as provided in Sections 7.4, 7.5 and 7.6, Columbia and Astoria will each pay their own out-of-pocket costs incurred in connection with this Agreement, and will have no other liability to the other party. The parties agree that the agreements herein with respect to the Termination Fee, No-Approval Fee and the Break-Up Fee are integral parts of the transactions contemplated by this Agreement and constitute liquidated damages and not a penalty.
Cost Allocation Upon Termination. Upon termination, costs among the Owners shall be allocated as set forth in the Joint Ownership Agreement.
Cost Allocation Upon Termination. 48 SECTION 8. MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . 48 8.1. Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 8.2. Waivers and Extensions . . . . . . . . . . . . . . . . . . . . . . 48
Cost Allocation Upon Termination. In connection with the termination of this Agreement under this Sectxxx 0, XX, XXX xxx HB each will pay their own out-of-pocket costs incurred in connection with this Agreement, and will have no other liability to any other party.
Cost Allocation Upon Termination. In connection with the termination of this Agreement under this Section 7, except as provided in Sections 7.4, 7.5 and 7.6, Columbia and MBHC will each pay their own out-of-pocket costs incurred in connection with this Agreement, and will have no other liability to the other party. The parties agree that the agreements herein with respect to the Termination Fee and the Break-Up Fee are integral parts of the transactions contemplated by this Agreement and constitute liquidated damages and not a penalty.
Cost Allocation Upon Termination. In connection with the termination of this Agreement under this Section 7, except as provided in Sections 7.5, 7.6 and 7.7, Intermountain and Snake River will each pay their own out-of-pocket costs incurred in connection with this Agreement, and will have no other liability to the other party. The parties agree that the agreements herein with respect to the Termination Fee and the Break-Up Fee are integral parts of the transactions contemplated by this Agreement and constitute liquidated damages and not a penalty.
Cost Allocation Upon Termination. In connection with the termination of this Agreement under this Subsection 7.5, except as provided in Subsections 7.3 and 7.4, Glacier and Mountain West will each pay their own out-of-pocket costs incurred in connection with this Agreement, and will have no other liability to the other party.
Cost Allocation Upon Termination. In the event that this Agreement is terminated prior to the Commercial Operation Date, (i) the Owners shall pay all pre-termination costs due and payable under the EPC Contract in accordance with the terms of the EPC Contract, and (ii) the Owners shall pay all pre-termination costs and expenses relating to the operation and maintenance of the Facility in accordance with the terms of the Operation and Maintenance Agreement, in each case in proportion to their Allocated Shares.
