Common use of Double Jeopardy Clause in Contracts

Double Jeopardy. A final, non-appealable order issued in a proceeding initiated by (i) BPDB and based on a claim of breach of the Power Purchase Agreement shall be with prejudice to any proceedings against the Company that the GOB could otherwise bring for breach by the Company of substantially the same obligations under this Agreement. Nothing in this Section 18.11 shall prevent the GOB from separately initiating proceedings to terminate this Agreement pursuant to Section 13.3.

Double Jeopardy. A final, non-appealable order issued in a proceeding initiated by (i) BPDB the GOB and based on a claim of breach of the Power Purchase Implementation Agreement shall be with prejudice to any proceedings against the Company that the GOB BPDB could otherwise bring for breach by the Company of substantially the same obligations under this Lease Agreement. Nothing in this Section 18.11 10.9 shall prevent BPDB and the GOB from separately initiating proceedings to terminate this Lease Agreement and the Implementation Agreement, respectively, pursuant to Section 13.37.4 and Sections 13.1 and 13.3 of the Implementation Agreement.

Double Jeopardy. A final, non-appealable order issued in a proceeding initiated by (i) BPDB and based on a claim of breach of the Power Purchase Agreement or the Rooftop Lease Agreement shall be with prejudice to any proceedings against the Company that the GOB could otherwise bring for breach by the Company of substantially the same obligations under this Agreement. Nothing in this Section 18.11 shall prevent the GOB from separately initiating proceedings to terminate this Agreement pursuant to Section 13.3.