Common use of Owner Termination for Convenience Clause in Contracts

Owner Termination for Convenience. Prior to the Commercial Operation Date, Owner may terminate this Agreement at any time upon written notice to Utility, which termination shall be effective thirty (30) days after Utility receipt of such notice, subject to Utility’s right to recover from Owner any Replacement Costs, calculated as of the date of termination. After the Commercial Operation Date, Owner may terminate this Agreement at any time following the fifth year of the Term by giving Utility thirty (30) days prior written notice of Owner's intention to terminate, subject to Utility’s right to recover from Owner any Replacement Costs, calculated as of the Termination Date. The Parties agrees damages would be difficult to quantify upon an early termination and agrees that any component of Replacement Costs that is characterized as an "early termination fee" is not a penalty.

Appears in 5 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

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Owner Termination for Convenience. Prior to the Commercial Operation Date, Owner may terminate this Agreement at any time upon written notice to Utility, which termination shall be effective thirty (30) days after Utility receipt of such notice, subject to Utility’s right to recover from Owner any Replacement Costs, calculated as of the date of termination. After the Commercial Operation Date, Owner may terminate this Agreement at any time following the fifth third year of the Term by giving Utility thirty (30) days prior written notice of Owner's intention to terminate, subject to Utility’s right to recover from Owner any Replacement Costs, calculated as of the Termination Date. The Parties agrees damages would be difficult to quantify upon an early termination and agrees that any component of Replacement Costs that is characterized as an "early termination fee" is not a penalty.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

Owner Termination for Convenience. Prior to the Commercial Operation Date, Owner may terminate this Agreement at any time upon written notice to UtilityUtilities, which termination shall be effective thirty (30) days after Utility Utilities receipt of such notice, subject to Utility’s Utilities’ right to recover from Owner any Replacement Costs, calculated as of the date of termination. After the Commercial Operation Date, Owner may terminate this Agreement at any time following the fifth year of the Term by giving Utility Utilities thirty (30) days prior written notice of Owner's ’s intention to terminate, subject to Utility’s Utilities’ right to recover from Owner any Replacement Costs, calculated as of the Termination Date. The Parties agrees damages would be difficult to quantify upon an early termination and agrees that any component of Replacement Costs that is characterized as an "early termination fee" is not a penalty.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

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Owner Termination for Convenience. Prior to the Commercial Operation Date, Owner may terminate this Agreement at any time upon written notice to Utility, which termination shall be effective thirty (30) 30 days after Utility the receipt of such notice, subject to Utility’s right to recover from Owner any Replacement Costs, calculated as of the date of termination. After the Commercial Operation Date, Owner may terminate this Agreement at any time following the fifth year of the Term by giving Utility thirty (30) written notice 30 days prior written notice to date of Owner's intention to terminate, subject to Utility’s right to recover from Owner any Replacement Costs, calculated as of the Termination Date. The Parties agrees agree damages would be difficult to quantify upon an early termination and agrees agree that any component of Replacement Costs that is characterized as an "early termination fee" is not a penalty.

Appears in 1 contract

Samples: Power Purchase Agreement

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