Common use of Full Return of Development Security Clause in Contracts

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 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 or 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 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 or 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 Ascertificates from a California-Available Contract Capacity Confirmation Certificate in accordance with Section 3.13(b), which As-Available Contract Capacity Confirmation Certificate must provide 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 in Section 1.02(d) on the Effective DateSeller; or If Seller designates both Firm Contract Capacity and As-Available Contract Capacity, both (1) and (2) of this Section 4(d)(i4(d) are required.