PPA Cross-Default; Termination Payment Sample Clauses

PPA Cross-Default; Termination Payment. (a) If the PPA is terminated by Seller due to a Buyer PPA Default, then such occurrence will be deemed an Event of Default of Buyer under this Agreement that is not subject to cure. (b) If the PPA is terminated by Buyer due to a Seller PPA Default, then such occurrence will be deemed an Event of Default of Seller under this Agreement that is not subject to cure; provided, however, that if the Seller PPA Default occurs prior to the PPA COD, then, notwithstanding anything to the contrary herein, Seller will not owe a Termination Payment to Buyer under this Agreement.