Common use of Posting Performance Assurance Clause in Contracts

Posting Performance Assurance. On or before the Commercial Operation Date, Seller shall post Performance Assurance with SCE. The Performance Assurance Amount due to SCE by Seller will be as set forth in Section 1.07. The Performance Assurance Amount shall be posted to SCE and maintained at all times during the Term and thereafter until such time as Seller has satisfied all monetary obligations which survive any termination of this Agreement, not to exceed one year following the end of the Term. The Performance Assurance Amount must be either in the form of cash or Letter of Credit acceptable to SCE, provided, on the commencement of the Term, if Seller has posted the Development Security in the form of cash or a Letter of Credit and SCE has not either returned the Development Security to Seller or given Seller Notice, pursuant to Exhibit K, of its determination regarding the disposition of the Development Security by such date, then Seller may withhold the portion of the Performance Assurance Amount equal to the Development Security or any portion thereof held by SCE at that time until three (3) Business Days following the later of Seller’s receipt or forfeiture of the Development Security or any portion thereof pursuant to Section 3.06 and Exhibit K, after which Seller shall be obligated to post the full Performance Assurance Amount.

Posting Performance Assurance. On or before the Commercial Operation Date, Seller shall post Performance Assurance with SCE. The Performance Assurance Amount due to SCE by Seller will be as set forth in Section 1.071.08. The Performance Assurance Amount shall be posted to SCE and maintained at all times during the Term and thereafter until such time as Seller has satisfied all monetary obligations which survive any termination of this Agreement, not to exceed one year following the end of the Term. The Performance Assurance Amount must be either in the form of cash or Letter of Credit acceptable to SCE, provided, on the commencement of the Term, if Seller has posted the Development Security in the form of cash or a Letter of Credit and SCE has not either returned the Development Security to Seller or given Seller Notice, pursuant to Exhibit KL, of its determination regarding the disposition of the Development Security by such date, then Seller may withhold the portion of the Performance Assurance Amount equal to the Development Security or any portion thereof held by SCE at that time until three (3) Business Days following the later of Seller’s receipt or forfeiture of the Development Security or any portion thereof pursuant to Section 3.06 and Exhibit KL, after which Seller shall be obligated to post the full Performance Assurance Amount. In lieu of cash or a Letter of Credit, SCE may accept a Guaranty Agreement, in accordance with Section 8.02(c), from a Guarantor acceptable to SCE to satisfy Seller’s Performance Assurance obligation.

Posting Performance Assurance. On or before the Commercial Operation Datecommencement of the Term, Seller shall post Performance Assurance with SCEAnaheim. The Performance Assurance Amount due to SCE Anaheim by Seller will be as set forth in Section 1.071.08. The Performance Assurance Amount shall be posted to SCE Anaheim and maintained at all times during the Term and thereafter until such time as Seller has satisfied all monetary obligations which survive any termination of this Agreement, not to exceed one year following the end of the Term. The Performance Assurance Amount must be either in the form of cash or a Letter of Credit acceptable to SCEAnaheim, provided, on the commencement of the Term, if Seller has posted the Development Security in the form of cash or a Letter of Credit and SCE Anaheim has not either returned the Development Security to Seller or given Seller Notice, pursuant to Exhibit EXHIBIT K, of its determination regarding the disposition of the Development Security by such date, then Seller may withhold the portion of the Performance Assurance Amount equal to the Development Security or any portion thereof held by SCE Anaheim at that time until three (3) Business Days following the later of Seller’s receipt or forfeiture of the Development Security or any portion thereof pursuant to Section 3.06 and Exhibit K, EXHIBIT K after which Seller shall be obligated to post the full Performance Assurance Amount.

Posting Performance Assurance. On or before the Commercial Operation DateTerm Start Date (or, if the Generating Facility was an Existing Qualifying Facility that becomes a New Qualify Facility due to a modification or repowering in excess of the limits set forth in Section 3.07(c), then within 10 Business Days of such modification or repowering), Seller shall post Performance Assurance with SCE. The Buyer and shall maintain the Performance Assurance Amount due to SCE by Seller will be as set forth in Section 1.07. The Performance Assurance Amount shall be posted to SCE and maintained at all times during on and after the Term and thereafter Start Date until such time as Seller has satisfied all monetary obligations which survive any termination of this Agreement, not to exceed one year 365 days following the end of the TermTerm End Date. The Performance Assurance Amount must shall be either in the form of cash or Letter of Credit acceptable to SCE, Buyer; provided, on the commencement however, that if, as of the TermTerm Start Date, if Seller has posted the Development Security in the form of cash or a Letter of Credit and SCE Buyer has either not either returned the Development Security to Seller or given Seller Notice, pursuant to in accordance with this Exhibit KF, of its determination regarding the disposition of the Development Security by such date, then Seller may withhold the portion of the Performance Assurance Amount equal to the Development Security or any portion thereof held by SCE at that time Buyer until three (3) Business Days following the later of Seller’s receipt or forfeiture of the Development Security or any portion thereof pursuant to Section 3.06 and 4(c) or (e) of this Exhibit KF, after which Seller shall be obligated to post the full Performance Assurance Amount. In lieu of cash or a Letter of Credit, Buyer may accept a Guaranty Agreement, in accordance with Section 2(c) of this Exhibit F, from a Guarantor acceptable to Buyer, to satisfy Seller’s Performance Assurance obligation.

Posting Performance Assurance. On or before the Commercial Operation Datecommencement of the Term, Seller shall post Performance Assurance with SCE. The Performance Assurance Amount due to SCE by Seller will shall be as set forth in Section 1.071.06. The Performance Assurance Amount shall be posted to SCE and maintained at all times during the Term and thereafter until such time as Seller has satisfied all monetary obligations which survive any termination of this Agreement, not to exceed one year following the end of the Term. The Performance Assurance Amount must shall be either in the form of cash or Letter of Credit acceptable to SCE, provided, provided that on the commencement of the Term, if Seller has posted the Development Security Fee in the form of cash or a Letter of Credit and SCE has not either returned the Development Security Fee to Seller or given Seller Notice, pursuant to Exhibit KL, of its determination regarding the disposition of the Development Security Fee by such date, then Seller may withhold the portion of the Performance Assurance Amount equal to the Development Security Fee or any portion thereof held by SCE at that time until three (3) Business Days following the later of Seller’s receipt or forfeiture of the Development Security or any portion thereof pursuant to Section 3.06 and Exhibit K, after which Seller shall be obligated to post the full Performance Assurance Amount.three

Posting Performance Assurance. On or before the Commercial Operation Datecommencement of the Term, Seller shall post Performance Assurance with SCEAnaheim. The Performance Assurance Amount due to SCE Anaheim by Seller will be as set forth in Section 1.071.08. The Performance Assurance Amount shall be posted to SCE Anaheim and maintained at all times during the Term and thereafter until such time as Seller has satisfied all monetary obligations which survive any termination of this Agreement, Agreement in any event not to exceed one year following the end of the Term. The Performance Assurance Amount must be either in the form of cash or a Letter of Credit acceptable to SCEAnaheim, provided, on the commencement of the Term, if Seller has posted the Development Security in the form of cash or a Letter of Credit and SCE Anaheim has not either returned the Development Security to Seller or given Seller Notice, pursuant to Exhibit EXHIBIT K, of its determination regarding the disposition of the Development Security by such date, then Seller may withhold the portion of the Performance Assurance Amount equal to the Development Security or any portion thereof held by SCE Anaheim at that time until three (3) Business Days following the later of Seller’s receipt or forfeiture of the Development Security or any portion thereof pursuant to Section 3.06 and Exhibit K, EXHIBIT K after which Seller shall be obligated to post the full Performance Assurance Amount.

Posting Performance Assurance. On or before the Commercial Operation Term Start Date, Seller shall post Performance Assurance with SCE. The Buyer and shall maintain the Performance Assurance Amount due to SCE by Seller will be as set forth in Section 1.07. The Performance Assurance Amount shall be posted to SCE and maintained at all times during on and after the Term and thereafter Start Date until such time as Seller has satisfied all monetary obligations which survive any termination of this Agreement, not to exceed one year three hundred sixty-five (365) days following the later of the Term End Date and the end of the Curtailed Return Term. The Performance Assurance Amount must shall be either in the form of cash or Letter of Credit acceptable to SCE, Buyer; provided, on the commencement however, that if, as of the TermTerm Start Date, if Seller has posted the Development Security in the form of cash or a Letter of Credit and SCE Buyer has either not either returned the Development Security to Seller or given Seller Notice, pursuant to in accordance with this Exhibit KF, of its determination regarding the disposition of the Development Security by such date, then Seller may withhold the portion of the Performance Assurance Amount equal to the Development Security or any portion thereof held by SCE at that time Buyer until three (3) Business Days following the later of Seller’s receipt or forfeiture of the Development Security or any portion thereof pursuant to Section 3.06 and 4(c) or (e) of this Exhibit KF, after which Seller shall be obligated to post the full Performance Assurance Amount.

Posting Performance Assurance. On or before the Commercial Operation Datecommencement of the Term, Seller shall post Performance Assurance with SCEAnaheim. The Performance Assurance Amount due to SCE Anaheim by Seller will be as set forth in Section 1.07Two.8. The Performance Assurance Amount shall be posted to SCE Anaheim and maintained at all times during the Term and thereafter until such time as Seller has satisfied all monetary obligations which survive any termination of this Agreement, Agreement in any event not to exceed one year following the end of the Term. The Performance Assurance Amount must be either in the form of cash or a Letter of Credit acceptable to SCEAnaheim, provided, on the commencement of the Term, if Seller has posted the Development Security in the form of cash or a Letter of Credit and SCE Anaheim has not either returned the Development Security to Seller or given Seller Notice, pursuant to Exhibit EXHIBIT K, of its determination regarding the disposition of the Development Security by such date, then Seller may withhold the portion of the Performance Assurance Amount equal to the Development Security or any portion thereof held by SCE Anaheim at that time until three (3) Business Days following the later of Seller’s receipt or forfeiture of the Development Security or any portion thereof pursuant to Section 3.06 Five.6 and Exhibit K, EXHIBIT K after which Seller shall be obligated to post the full Performance Assurance Amount.

Posting Performance Assurance. On or before the Commercial Operation Datecommencement of the Term, Seller shall post Performance Assurance with SCE. The Performance Assurance Amount due to SCE by Seller will shall be as set forth in Section 1.071.06. The Performance Assurance Amount shall be posted to SCE and maintained at all times during the Term and thereafter until such time as Seller has satisfied all monetary obligations which survive any termination of this Agreement, not to exceed one year following the end of the Term. The Performance Assurance Amount must shall be either in the form of cash or Letter of Credit acceptable to SCE, provided, provided that on the commencement of the Term, if Seller has posted the Development Security in the form of cash or a Letter of Credit and SCE has not either returned the Development Security to Seller or given Seller Notice, pursuant to Exhibit KL, of its determination regarding the disposition of the Development Security by such date, then Seller may withhold the portion of the Performance Assurance Amount equal to the Development Security or any portion thereof held by SCE at that time until three (3) Business Days following the later of Seller’s receipt or forfeiture of the Development Security or any portion thereof pursuant to Section 3.06 and Exhibit K, after which Seller shall be obligated to post the full Performance Assurance Amount.three

Posting Performance Assurance. On or before the Commercial Operation Datecommencement of the Term, Seller shall post Performance Assurance with SCE. The Performance Assurance Amount due to SCE by Seller will shall be as set forth in Section 1.071.08. The Performance Assurance Amount shall be posted to SCE and maintained at all times during the Term and thereafter until such time as Seller has satisfied all monetary obligations which survive any termination of this Agreement, not to exceed one year following the end of the Term. The Performance Assurance Amount must shall be either in the form of cash or Letter of Credit acceptable to SCE, providedprovided that, on the commencement of the Term, if Seller has posted the Development Security in the form of cash or a Letter of Credit and SCE has not either neither returned the Development Security to Seller or nor given Seller Notice, pursuant to Exhibit KL, of its determination regarding the disposition of the Development Security by such date, then Seller may withhold the portion of the Performance Assurance Amount equal to the Development Security or any portion thereof held by SCE at that time until three (3) Business Days following the later of Seller’s receipt or forfeiture of the Development Security or any portion thereof pursuant to Section 3.06 and Exhibit K, after which Seller shall be obligated to post the full Performance Assurance Amount.three

Posting Performance Assurance. On or before the Commercial Operation Datecommencement of the Term, Seller shall post Performance Assurance with SCE. The Performance Assurance Amount due to SCE by Seller will be as set forth in Section 1.07. The Performance Assurance Amount shall be posted to SCE and maintained at all times during the Term and thereafter until such time as Seller has satisfied all monetary obligations which survive any termination of this Agreement, not to exceed one year following the end of the Term. The Performance Assurance Amount must be either in the form of cash or Letter of Credit acceptable to SCECredit, providedprovided that, on the commencement of the Term, if Seller has posted the Development Security in the form of cash or a Letter of Credit and SCE has not either neither returned the Development Security to Seller or nor given Seller Notice, pursuant to Exhibit KL, of its determination regarding the disposition of the Development Security by such date, then Seller may withhold the portion of the Performance Assurance Amount equal to the Development Security or any portion thereof held by SCE at that time until three (3) Business Days following the later of Seller’s receipt or forfeiture of the Development Security or any portion thereof pursuant to Section 3.06 3.04 and Exhibit KL, after which Seller shall be obligated to post the full Performance Assurance Amount. In lieu of cash or a Letter of Credit, SCE may accept a Guaranty Agreement, in accordance with Section 8.02(c), from a Guarantor acceptable to SCE to satisfy Seller’s Performance Assurance obligation.

Posting Performance Assurance. On or before the Commercial Operation Term Start Date, Seller shall post Performance Assurance with SCE. The Buyer and shall maintain the Performance Assurance ID# [Number], [Seller’s Name] Amount due to SCE by Seller will be as set forth in Section 1.07. The Performance Assurance Amount shall be posted to SCE and maintained at all times during on and after the Term and thereafter Start Date until such time as Seller has satisfied all monetary obligations which survive any termination of this Agreement, not to exceed one year three hundred and sixty-five (365) days following the end of the TermTerm End Date. The Performance Assurance Amount must shall be either in the form of cash or Letter of Credit acceptable to SCE, Buyer; provided, on the commencement however, that if, as of the TermTerm Start Date, if Seller has posted the Development Security in the form of cash or a Letter of Credit and SCE Buyer has either not either returned the Development Security to Seller or given Seller Notice, pursuant to in accordance with this Exhibit KD, of its determination regarding the disposition of the Development Security by such date, then Seller may withhold the portion of the Performance Assurance Amount equal to the Development Security or any portion thereof held by SCE at that time Buyer until three (3) Business Days following the later of Seller’s receipt or forfeiture of the Development Security or any portion thereof pursuant to Section 3.06 and Exhibit K, after which Seller shall be obligated to post the full Performance Assurance Amount.4(c) or