Common use of Determination of the Termination Amount in the Event of Early Termination Clause in Contracts

Determination of the Termination Amount in the Event of Early Termination. The amount payable in respect of early termination due to an Event of Default shall comprise (without duplication) all of the following amounts, which shall be aggregated or netted to a single liquidated amount (the “Termination Amount”) owing from one Party to the other Party: 18.6.1 the Settlement Amount; 18.6.2 the Specified Transaction Close-Out Amount as determined pursuant to Section 18.4; 18.6.3 the amount of any performance assurance, credit support or collateral provided by or on behalf of PRC under any Specified Transaction held by Xxxx at the Early Termination Date, which shall be applied as a credit to PRC; 18.6.4 without duplication, all actual out-of-pocket losses, damages and expenses reasonably and necessarily incurred by the Performing Party as a result of the termination and liquidation of this Agreement, in each case including reasonable (i) attorneys’ fees, (ii) court costs, (iii) collection costs, (iv) interest charges and (v) other reasonable disbursements; and 18.6.5 all Unpaid Amounts, including any purchase price for Product that has not yet been paid.

Determination of the Termination Amount in the Event of Early Termination. The amount payable in respect of early termination due to an Event of Default shall comprise (without duplication) all of the following amounts, which shall be aggregated or netted to a single liquidated amount (the “Termination Amount”) owing from one Party to the other Party: 18.6.1 the Settlement Amount; 18.6.2 the Specified Transaction Close-Out Amount as determined pursuant to Section 18.4; 18.6.3 the amount of any performance assurance, credit support or collateral provided by or on behalf of PRC DCR under any Specified Transaction held by Xxxx at the Early Termination Date, which shall be applied as a credit to PRCDCR; 18.6.4 without duplication, all actual out-of-pocket losses, damages and expenses reasonably and necessarily incurred by the Performing Party as a result of the termination and liquidation of this Agreement, in each case including reasonable (i) attorneys’ fees, (ii) court costs, (iii) collection costs, (iv) interest charges and (v) other reasonable disbursements; and 18.6.5 all Unpaid Amounts, including any purchase price for Product that has not yet been paid.