Licensee Early Termination Rights. Licensee may terminate this SLA at any time prior to the Commercial Operation Date on thirty (30) calendar days written notice to the Judicial Council if Licensee determines that the System cannot be built as planned or that its construction and operation would not be economically viable for Licensee including Licensee’s determination that the installation of the System is not economically viable. In the event that Licensee terminates this SLA pursuant to this section, no Party shall be in default solely as a result of Licensee's election to terminate hereunder, and Licensee shall fulfill its obligations under Section 11.1 of this SLA and Judicial Council shall not pay actual damages, and the Judicial Council shall not refund any Transaction Fee already received.
Appears in 6 contracts
Samples: Site License Agreement, Site License Agreement, Site License Agreement
Licensee Early Termination Rights. Licensee may terminate this SLA at any time prior to the Commercial Operation Date on thirty (30) calendar days written notice to the Judicial Council if Licensee determines that the System cannot be built as planned or that its construction and operation would not be economically viable for Licensee including Licensee’s determination that the installation of the System is not economically viable. In the event that Licensee terminates this SLA pursuant to this section, no Party shall be in default solely as a result of Licensee's ’s election to terminate hereunder, and Licensee shall fulfill its obligations under Section section 11.1 of this SLA and Judicial Council shall not pay actual damagesActual Damages, and the Judicial Council shall not refund any Transaction Fee already received.
Appears in 2 contracts
Samples: Site License Agreement, Site License Agreement
Licensee Early Termination Rights. Licensee may terminate this SLA at any time prior to the Commercial Operation Date on thirty (30) calendar days written notice to the Judicial Council if Licensee determines that the System cannot be built as planned or that its construction and operation would not be economically viable for Licensee including Licensee’s determination that the installation of the System is not economically viable. In the event that Licensee terminates this SLA pursuant to this section, no Party shall be in default solely as a result of Licensee's ’s election to terminate hereunder, and Licensee shall fulfill its obligations under Section section 11.1 of this SLA and Judicial Council shall not pay actual damagesActual Damages, and the Judicial Council shall not refund any Transaction Fee already received.received.
Appears in 1 contract
Samples: Site License Agreement
Licensee Early Termination Rights. Licensee may terminate this SLA at any time prior to the Commercial Operation Date on thirty (30) calendar days written notice to the Judicial Council if Licensee determines that the System cannot be built as planned or that its construction and operation would not be economically viable for Licensee including Licensee’s determination that the installation of the System is not economically viable. In the event that Licensee terminates this SLA pursuant to this section, no Party shall be in default solely as a result of Licensee's ’s election to terminate hereunder, and Licensee shall fulfill its obligations under Section section 11.1 of this SLA and Judicial Council shall not pay actual damagesActual Damages, and the Judicial Council shall not refund any Transaction Fee already received.. 38
Appears in 1 contract
Samples: Site License Agreement