Forfeiture of Performance Assurance. The Performance Assurance associated with the System under this Agreement will be forfeited should a System not be completely Installed, Energized and registered with PJM-EIS GATS or M-RETS by the Guaranteed Energized Date or any extension approved by the Buyer at its sole discretion, which shall be exercised reasonably. Forfeiture of the Performance Assurance shall be Buyer’s sole remedy for failure of the System to be completely Installed, Energized, and registered with PJM-EIS GATS or M-RETS by the Guaranteed Energized Date or any extension approved by the Buyer.
Appears in 5 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement