Damages Prior to Termination. Upon the occurrence of an Event of Default, and subject in each case to the limitation on damages set forth in Section 12.6, the non- defaulting Party shall have the right to suspend its performance of this Agreement and collect damages accruing prior to the termination of this PPA from the defaulting Party, and the payment of any such damages accruing prior to the cure of an Event of Default shall constitute an element of any respective cure. If a Buyer has committed an Event of Default, then Seller may suspend its performance hereunder and, if allowed by Applicable Law, sell the Solar Energy Output and Renewable Energy Benefits to a third party in an effort to mitigate the damages payable by Buyer, or may continue to deliver Solar Energy Output and Renewable Energy Benefits to such Buyer.
Damages Prior to Termination. Upon the occurrence of an Event of Default, and subject in each case to the limitation on damages set forth in Section 12.6, the non-defaulting Party shall have the right to collect damages accruing prior to the termination of this PPA from the defaulting Party as set forth below, and the payment of any such damages accruing prior to the cure of an Event of Default shall constitute a part of the cure.
Damages Prior to Termination. For all breaches or Events of Default, the non-breaching or non-defaulting Party shall be entitled to receive from the breaching or defaulting Party its actual, direct damages resulting from such breach or Event of Default.
Damages Prior to Termination. Upon the occurrence of an Event of Default, and subject in each case to the limitation on damages set forth in Section 9.8, the duty to mitigate damages set forth in Section 9.9, and any Dispute Resolution in which parties may be engaged pursuant to Sections 9.6 and 19.10, the Non-Defaulting Party shall have the right to (i) collect (or set-off) damages accruing prior to the Early Termination Date of this Agreement from the Defaulting Party, (ii) exercise its rights pursuant to Section 9.5, (iii) suspend performance (including receipt of energy and payment), and (iv) exercise its rights to terminate this Agreement pursuant to Section 9.4.
