NEA Termination Payment. If an Event of Default with respect to NEA shall have occurred and be continuing, BECO shall have the right (A) to designate a day on which this Agreement will terminate (the “NEA Early Termination Date”), (B) withhold any payments due to NEA under this Agreement and (C) suspend performance. BECO shall calculate, in a commercially reasonable manner, a NEA Termination Payment as of the NEA Early Termination Date. As soon as practicable after termination, notice shall be given by BECO to NEA of the amount of the NEA Termination Payment. The notice shall include a written statement explaining in reasonable detail the calculation of such amount. NEA shall make the NEA Termination Payment within two (2) Business Days after such notice is effective. If NEA disputes BECO’s calculation of the NEA Termination Payment, in whole or in part, NEA shall, within two (2) Business Days of receipt of the calculation of the NEA Termination Payment, provide to BECO a detailed written explanation of the basis for such dispute; provided, however, NEA shall first transfer Performance Assurance to BECO in an amount equal to the NEA Termination Payment as calculated by BECO.
Appears in 3 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement (Nstar/Ma), Power Purchase Agreement (Nstar/Ma)
NEA Termination Payment. If an Event of Default with respect to NEA shall have occurred and be continuing, BECO CECO shall have the right (A) to designate a day on which this Agreement will terminate (the “NEA Early Termination Date”), (B) withhold any payments due to NEA under this Agreement and (C) suspend performance. BECO CECO shall calculate, in a commercially reasonable manner, a NEA Termination Payment as of the NEA Early Termination Date. As soon as practicable after termination, notice shall be given by BECO CECO to NEA of the amount of the NEA Termination Payment. The notice shall include a written statement explaining in reasonable detail the calculation of such amount. NEA shall make the NEA Termination Payment within two (2) Business Days after such notice is effective. If NEA disputes BECOCECO’s calculation of the NEA Termination Payment, in whole or in part, NEA shall, within two (2) Business Days of receipt of the calculation of the NEA Termination Payment, provide to BECO CECO a detailed written explanation of the basis for such dispute; provided, however, NEA shall first transfer Performance Assurance to BECO CECO in an amount equal to the NEA Termination Payment as calculated by BECOCECO.
Appears in 2 contracts
Samples: Power Purchase Agreement (Nstar/Ma), Power Purchase Agreement (Nstar/Ma)
NEA Termination Payment. If an Event of Default with respect to NEA shall have occurred and be continuing, BECO CECO shall have the right (A) to designate a day on which this Agreement will terminate (the “"NEA Early Termination Date”"), (B) withhold any payments due to NEA under this Agreement and (C) suspend performance. BECO CECO shall calculate, in a commercially reasonable manner, a NEA Termination Payment as of the NEA Early Termination Date. As soon as practicable after termination, notice shall be given by BECO CECO to NEA of the amount of the NEA Termination Payment. The notice shall include a written statement explaining in reasonable detail the calculation of such amount. NEA shall make the NEA Termination Payment within two (2) Business Days after such notice is effective. If NEA disputes BECO’s CECO's calculation of the NEA Termination Payment, in whole or in part, NEA shall, within two (2) Business Days of receipt of the calculation of the NEA Termination Payment, provide to BECO CECO a detailed written explanation of the basis for such dispute; provided, however, NEA shall first transfer Performance Assurance to BECO CECO in an amount equal to the NEA Termination Payment as calculated by BECO.CECO. (b)
Appears in 1 contract
Samples: Bellingham Execution Agreement (Esi Tractebel Acquisition Corp)
NEA Termination Payment. If an Event of Default with respect to NEA shall have occurred and be continuing, BECO shall have the right (A) to designate a day on which this Agreement will terminate (the “"NEA Early Termination Date”"), (B) withhold any payments due to NEA under this Agreement and (C) suspend performance. BECO shall calculate, in a commercially reasonable manner, a NEA Termination Payment as of the NEA Early Termination Date. As soon as practicable after termination, notice shall be given by BECO to NEA of the amount of the NEA Termination Payment. The notice shall include a written statement explaining in reasonable detail the calculation of such amount. NEA shall make the NEA Termination Payment within two (2) Business Days after such notice is effective. If NEA disputes BECO’s 's calculation of the NEA Termination Payment, in whole or in part, NEA shall, within two (2) Business Days of receipt of the calculation of the NEA Termination Payment, provide to BECO a detailed written explanation of the basis for such dispute; provided, however, NEA shall first transfer Performance Assurance to BECO in an amount equal to the NEA Termination Payment as calculated by BECO.. (b)
Appears in 1 contract
Samples: Bellingham Execution Agreement (Esi Tractebel Acquisition Corp)