Common use of Net Out of Settlement Amounts Clause in Contracts

Net Out of Settlement Amounts. The Non-Defaulting Party will aggregate all Settlement Amounts into a single amount by netting out (a) all amounts that are due to the Defaulting Party for Product that has been Delivered and not yet paid for, plus, at the option of the Non-Defaulting Party, any cash, security or other Performance Assurance then available to the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Agreement against (b) all Settlement Amounts that are due to the Non-Defaulting Party, plus any or all other amounts due to the Non-Defaulting Party under this Agreement, so that all such amounts will be netted out to a single liquidated amount (the “Termination Payment”) payable by the Defaulting Party. The Termination Payment, if any, is due from the Defaulting Party to the Non-Defaulting Party within two Business Days following notice.

Net Out of Settlement Amounts. The Non-Defaulting Party will aggregate all Settlement Amounts into a single amount by netting out (a) all amounts that are due to the Defaulting Party for Product that has been Delivered and not yet paid for, plus, at the option of the Non-Defaulting Party, any cash, security or other Performance Assurance then available to the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Agreement against (b) all Settlement Amounts that are due to the Non-Defaulting Party, plus any or all other amounts due to the Non-Defaulting Party under this Agreement, so that all such amounts will be netted out to a single liquidated amount (the “Termination Payment”) payable by the Defaulting Party. The Termination Payment, if any, is due from the Defaulting Party to the Non-Non- Defaulting Party within two Business Days following notice.

Net Out of Settlement Amounts. The Non-Defaulting Party will shall aggregate all Settlement Amounts into a single amount by by: netting out (a) all amounts Settlement Amounts that are due to the Defaulting Party for Product that has been Delivered and not yet paid forParty, plus, at the option of the Non-Defaulting Party, any cash, security cash or other Performance Assurance form of security then available to the Non-Defaulting PartyParty pursuant to Article 8.7, plus any or all other amounts due to the Defaulting Party under this Agreement against (b) all Settlement Amounts that are due to the Non-Defaulting Party, plus any or all other amounts due to the Non-Defaulting Party under this Agreement, so that all such amounts will shall be netted out to a single liquidated amount (the “Termination Payment”) payable by one Party to the other. The Termination Payment shall be due to or due from the Non-Defaulting PartyParty as appropriate. The Termination Payment, if any, is due from the Defaulting Party to within two (2) Business Days following written notice sent by the Non-Defaulting Party within two to the Defaulting Party, which notice will be sent out as soon as reasonably possible following the calculation of the Termination Payment, but in no event later than ten (10) Business Days following noticethe Early Termination Date.

Net Out of Settlement Amounts. The Non-Defaulting Party will shall aggregate all Settlement Amounts into a single amount by by: netting out (a) all amounts Settlement Amounts that are due to the Defaulting Party for Product that has been Delivered and not yet paid forParty, plus, at the option of the Non-Defaulting Party, any cash, security cash or other Performance Assurance form of security then available to the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Agreement against (b) all Settlement Amounts that are due to the Non-Defaulting Party, plus any or all other amounts due to the Non-Defaulting Party under this Agreement, so that all such amounts will shall be netted out to a single liquidated amount (the “Termination Payment”) payable by one Party to the other. The Termination Payment shall be due to or due from the Non-Defaulting PartyParty as appropriate. The Termination Payment, if any, is due from the Defaulting Party to within two (2) Business Days following written notice sent by the Non-Defaulting Party within two to the Defaulting Party, which notice will be sent out as soon as reasonably possible following the calculation of the Termination Payment, but in no event later than ten (10) Business Days following noticethe Early Termination Date.

Net Out of Settlement Amounts. The Non-Defaulting Party will aggregate all Settlement Amounts into a single amount by netting out (a) all amounts that are due to the Defaulting Party for Product that has been Delivered and not yet paid for, plus, at the option of the Non-Defaulting Party, any cash, security or other Performance Assurance then available to the Non-Non- Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Agreement against (b) all Settlement Amounts that are due to the Non-Defaulting Party, plus any or all other amounts due to the Non-Defaulting Party under this Agreement, so that all such amounts will be netted out to a single liquidated amount (the “Termination Payment”) payable by the Defaulting Party. The Termination Payment, if any, is due from the Defaulting Party to the Non-Defaulting Party within two Business Days following notice.