Common use of Early Termination Damages Apply Clause in Contracts

Early Termination Damages Apply. Add the following to the end of the first paragraph of Section 10.3.1: Notwithstanding the foregoing, in the event the Program is terminated by the applicable state law , Commission or a court of competent jurisdiction, XXX’s payment of any early termination damages shall be limited to that amount which it is able to recover under a Gas Cost Recovery or similar mechanism subsequently imposed by the Commission. Add a new Section 10.8 as follows:

Early Termination Damages Apply. Add the following to the end of the first paragraph of Section 10.3.1: Notwithstanding the foregoing, in the event the Program is terminated by the applicable state law , Commission or a court of competent jurisdiction, XXXDEO’s payment of any early termination damages shall be limited to that amount which it is able to recover under a Gas Cost Recovery or similar mechanism subsequently imposed by the Commission. Add a new Section 10.8 as follows: