Full Return of Development Security Sample Clauses

Full Return of Development Security. The Development Security will be returned to Seller in accordance with the procedure set forth in Exhibit K in each of the following circumstances: (i) Subject to the Commercial Operation Date occurring on or before the Commercial Operation Deadline or any extended Commercial Operation Deadline as provided in this Agreement, if Seller demonstrates the full Contract Capacity specified in Section 1.01(h) in accordance with the procedure set forth in Exhibit K; or (ii) If this Agreement is terminated in accordance with Section 2.03(a)(i), 2.03(a)(iii) or 5.04; provided, a termination under Section 5.04 only entitles Seller to a return of the Development Security if the termination is based on a Force Majeure that prevents the Commercial Operation Date from occurring on or before the Commercial Operation Deadline or prevents Seller from demonstrating full Contract Capacity in accordance with Exhibit K.

Full Return of Development Security. The Development Security will be returned to Seller in accordance with the procedure set forth in Exhibit L in each of the following circumstances: (i) Subject to the Commercial Operation Date occurring on or before the Commercial Operation Deadline or any extended Commercial Operation Deadline as provided in this Agreement, if Seller demonstrates the full Contract Capacity in accordance with the procedure set forth in Exhibit L on or before the Firm Operation Date; or (ii) If this Agreement is terminated in accordance with Section 2.04(a)(i), 2.04(a)(ii), 2.04(a)(iii) or 5.05; provided, however, that a termination under Section 5.05 only entitles Seller to a return of the Development Security if the termination is based on a Force Majeure that prevents the Commercial Operation Date from occurring on or before the Commercial Operation Deadline or prevents Seller from demonstrating full Contract Capacity by the Firm Operation Date.

Full Return of Development Security. The Development Security shall be returned to Seller in accordance with the following procedure: Subject to Seller commencing the Term by the Term Start Date, as the Term Start Date may have been extended in accordance with Section 4(c)(ii) of this Exhibit F as a result of a Force Majeure as to which Seller is the Claiming Party (subject to Section 5.03), Seller demonstrates the Net Contract Capacity on or before the Firm Operation Date as follows: If Seller designates only Firm Contract Capacity, successful completion of the Capacity Demonstration Test as set forth in Exhibit C; If Seller designates only As-Available Contract Capacity, Seller delivers to Buyer the As-Available Contract Capacity Confirmation Certificate in accordance with Section 3.13(b), which As-Available Contract Capacity Confirmation Certificate must provide that Seller has installed the equipment sufficient to provide the entire As-Available Contract Capacity designated by Seller in Section 1.02(d) on the Effective Date; or If Seller designates both Firm Contract Capacity and As-Available Contract Capacity, both (1) and (2) of this Section 4(d)(i) are required.

Full Return of Development Security. The Development Security shall be returned to Seller (subject to Seller commencing the Term by the Term Start Date, as the Term Start Date may have been extended in accordance with Section 4(c)(ii) of this Exhibit F or as a result of a Force Majeure as to which Seller is the Claiming Party (subject to Section 5.03)) upon Seller delivering to Buyer the As-Available Contract Capacity Confirmation Certificate in accordance with Section 3.13(a), which As-Available Contract Capacity Confirmation Certificate must provide that Seller has installed the equipment sufficient to provide the entire As-Available Contract Capacity designated by Seller in Section 1.02(d) on the Effective Date

Full Return of Development Security. The Development Security shall be returned to Seller in accordance with the following procedure:

Full Return of Development Security. The Development Security shall be returned to Seller in accordance with the following procedure: (i) Subject to Seller commencing the Term by the Term Start Date, as the Term Start Date may have been extended in accordance with Section 4(c)(ii) of this Exhibit D or as a result of a Force Majeure as to which Seller is the Claiming Party (subject to Section 5.03), Seller demonstrates the As-Available Contract Capacity on or before the Firm Operation Date by delivering to Buyer certificates from a California-licensed professional engineer qualified to make a representation that Seller has installed the equipment sufficient to provide the entire As-Available Contract Capacity designated by Seller.

Full Return of Development Security. The Development Security shall be returned to Seller in accordance with the following procedure: (i) Subject to Seller commencing the Term by the Term Start Date, as the Term Start Date may have been extended in accordance with Section 4(c)(ii) of this

Full Return of Development Security. The Development Security shall be returned to Seller in accordance with the procedure set forth in Exhibit L in each of the following circumstances: (i) Subject to Seller’s achievement of Initial Operation by the Startup Deadline or any extended Startup Deadline as provided in

Full Return of Development Security. The Development Security shall be returned to Seller in accordance with the procedure set forth in Exhibit L, in each of the following circumstances: (i) Subject to Seller’s achievement of Commercial Operation by the Startup Deadline or any extended Startup Deadline as provided in Section 3.04(c), if Seller demonstrates the full Contract Capacity, in accordance with the procedure set forth in Exhibit L on or before the Firm Operation Date; or (ii) If this Agreement is terminated in accordance with Section 2.04(a), 2.04(b), 2.04(c) or 5.05(a), except for any Termination Payment as provided in Section 2.04.

Full Return of Development Security. The Development Security shall be returned to Seller in accordance with the procedure set forth in Exhibit L and any security interest, if any, on the Development Security shall be released, in each of the following circumstances: (i) Subject to Seller’s achievement of Initial Operation by the Startup Deadline or any extended Startup Deadline as provided in Section 3.04(c), Seller demonstrates the full Contract Capacity in accordance with the procedure set forth in Exhibit L on or before the Firm Operation Date; or (ii) If this Agreement is terminated in accordance with Section 2.04(a), 2.04(b), 2.04(c), 3.08 or 5.05; provided that, a termination under Section 5.05 shall only entitle Seller to a return of the Development Security if the termination is based upon a Force Majeure which prevents Seller from achieving Initial Operation by the Startup Deadline or demonstrating full Contract Capacity by the Firm Operation Date.