Common use of Elimination or Reduction of Payment Obligations Clause in Contracts

Elimination or Reduction of Payment Obligations. Upon termination of Defaulting Purchaser’s Project Rights pursuant to Section 11.5 and conveyance, transfer or assignment of Defaulting Purchaser’s Project Rights and Obligations pursuant to Sections 11.5.1 or 11.5.2, Defaulting Purchaser’s obligation to make payments under this Agreement (notwithstanding anything to the contrary in this Agreement) shall not be eliminated or reduced except to the extent of moneys received by SCPPA as a result of the conveyance, transfer and assignment of Defaulting Purchaser’s Project Rights and Obligations, less SCPPA’s related costs and expenses; provided, however, such payment obligations for Defaulting Purchaser may be eliminated or reduced to the extent permitted by law, if and to the extent any costs incurred by SCPPA have been fully paid, and the Board of Directors, by resolution, determines to eliminate or reduce such payment obligations, which determination shall not be unreasonably withheld.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

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Elimination or Reduction of Payment Obligations. Upon termination of Defaulting PurchaserProject Participant’s Project Rights pursuant to Section 11.5 15.4 and/or 15.5 and conveyance, transfer or assignment of Defaulting PurchaserProject Participant’s Project Rights and Obligations pursuant to Sections 11.5.1 15.5.1 or 11.5.215.5.2, Defaulting PurchaserProject Participant’s obligation to make payments under this its Power Sales Agreement (notwithstanding anything to the contrary in this Agreement) shall not be eliminated or reduced except to the extent of moneys received by SCPPA as a result of the conveyance, transfer and assignment of Defaulting PurchaserProject Participant’s Project Rights and Obligations, less SCPPA’s related costs and expenses; provided, however, such payment obligations for Defaulting Purchaser Project Participant may be eliminated or reduced to the extent permitted by law, law if and to the extent any costs incurred by SCPPA have been fully paid, paid and the Board of Directors, by resolution, determines to eliminate or reduce such payment obligations, which determination shall not be unreasonably withheld.

Appears in 1 contract

Samples: Power Sales Agreement

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Elimination or Reduction of Payment Obligations. Upon termination of Defaulting Purchaser’s Project Rights pursuant to Section 11.5 11.4 and conveyance, transfer or assignment of Defaulting Purchaser’s Project Rights and Obligations pursuant to Sections 11.5.1 or 11.5.2, Defaulting Purchaser’s obligation to make payments under this Agreement (notwithstanding anything to the contrary in this Agreement) shall not be eliminated or reduced except to the extent of moneys received by SCPPA as a result of the conveyance, transfer and assignment of Defaulting Purchaser’s Project Rights and Obligations, less SCPPA’s related costs and expenses; provided, however, such payment obligations for Defaulting Purchaser may be eliminated or reduced to the extent permitted by law, if and to the extent any costs incurred by SCPPA have been fully paid, and the Board of Directors, by resolution, determines to eliminate or reduce such payment obligations, which determination shall not be unreasonably withheld.

Appears in 1 contract

Samples: Power Purchase Agreement

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