Common use of Customer Purchase Option Prior to Expiration Date Clause in Contracts

Customer Purchase Option Prior to Expiration Date. On the ninth (9th) anniversary of the Commercial Operation Date with respect to a System, provided that no Customer Default shall have occurred and be continuing beyond any applicable period of cure, Customer may elect to purchase the System. If Customer elects to so purchase the System, the purchase price shall be the higher of the then Fair Market Value of the System (calculated in accordance with the definition of “Fair Market Value” set forth in Section 10.3.2 at Customer’s sole cost and expense) and the then-current Termination Value specified in the applicable Exhibit

Customer Purchase Option Prior to Expiration Date. On the ninth seventh (9th7th) anniversary of the Commercial Operation Date with respect to a System, provided that no Customer Default shall have occurred and be continuing beyond any applicable period of cure, Customer may elect to purchase the System. If Customer elects to so purchase the System, the purchase price shall be the higher of the then Fair Market Value of the System (calculated in accordance with the definition of “Fair Market Value” set forth in Section 10.3.2 at Customer’s sole cost and expense) and the then-current Termination Value specified in the applicable Exhibit