Common use of Procedural Provisions of the Performance and Operations Security Deposits Clause in Contracts

Procedural Provisions of the Performance and Operations Security Deposits. (i) Each of the Operations Security Deposit and the Performance Security Deposit (each, a “Security Deposit”) shall have a term of not less than three hundred and sixty-five (365) Days. (ii) Not less that thirty (30) Days prior to the expiration of the relevant Security Deposit, the Company shall extend the validity of such Security Deposit for an additional term of not less than twelve (12) Months, provided that in the case of the Performance Security Deposit, such term shall not extend beyond thirty (30) Days after Commercial Operations Date. (iii) Each Security Deposit provided pursuant to this Section 8.6 shall be maintained in accordance with the terms of this Agreement and shall be reinstated to the full required amount within thirty (30) Days of any draw (other than wrongful drawings) thereon by BPDB. (iv) If at any time there remains less than twenty (20) Days to the effective term of an existing Security Deposit and the Company has not extended the validity of such Security Deposit, BPDB may encash the then-existing Security Deposit in full; provided, that: (A) any amounts drawn in these circumstances shall be deposited in a separate bank account established with such bank as is notified by BPDB to the Company; (B) BPDB may make withdrawals from such bank account only in such amounts and in such circumstances contemplated by this Agreement; and (C) if the Company subsequently provides a replacement Security Deposit equal to or greater than the amount of the Security Deposit then required to be in place, an amount equal to the amount of the Security Deposit encashed pursuant to this Section 8.6(e)(iv) shall promptly be returned to the Company by BPDB.

Procedural Provisions of the Performance and Operations Security Deposits. (i) Each of the Operations Security Deposit and the Performance Security Deposit (each, a “Security Deposit”) shall have a term of not less than three hundred and sixty-five (365) Days. (ii) Not less that than thirty (30) Days prior to the expiration of the relevant Security Deposit, the Company shall extend the validity of such Security Deposit for an additional term of not less than twelve (12) Months, provided that in the case of the Performance Security Deposit, such term shall not extend beyond thirty (30) Days after Commercial Operations Date. (iii) Each Security Deposit provided pursuant to this Section 8.6 shall be maintained in accordance with the terms of this Agreement and shall be reinstated to the full required amount within thirty (30) Days of any draw (other than wrongful drawings) thereon by BPDB. (iv) If at any time there remains less than twenty (20) Days to the effective term of an existing Security Deposit and the Company has not extended the validity of such Security Deposit, BPDB may encash the then-existing Security Deposit in full; provided, that: (A) any amounts drawn in these circumstances shall be deposited in a separate bank account established with such bank as is notified by BPDB to the Company; (B) BPDB may make withdrawals from such bank account only in such amounts and in such circumstances contemplated by this Agreement; and (C) if the Company subsequently provides a replacement Security Deposit equal to or greater than the amount of the Security Deposit then required to be in place, an amount equal to the amount of the Security Deposit encashed pursuant to this Section 8.6(e)(iv) shall promptly be returned to the Company by BPDB.

Procedural Provisions of the Performance and Operations Security Deposits. (i) Each of the Operations Security Deposit and the Performance Security Deposit (each, a “Security Deposit”) shall have a term of not less than three hundred and sixty-five (365) Days. (ii) Not less that than thirty (30) Days prior to the expiration of the relevant Security Deposit, the Company shall extend the validity of such Security Deposit for an additional term of not less than twelve (12) MonthsMonths or up to the Term of the PPA whichever is earlier, provided that in the case of the Performance Security Deposit, such term shall not extend beyond thirty (30) Days after Commercial Operations Supply Commencement Date. (iii) Each Security Deposit provided pursuant to this Section 8.6 7.2 shall be maintained in accordance with the terms of this Agreement and shall be reinstated to the full required amount within thirty (30) Days of any draw (other than wrongful drawings) thereon by BPDB. (iv) If at any time there remains less than twenty (20) Days to the effective term of an existing Security Deposit and the Company has not extended the validity of such Security Deposit, BPDB may encash the then-existing Security Deposit in full; provided, that: (A) any amounts drawn in these circumstances shall be deposited in a separate bank account established with such bank as is notified by BPDB to the Company; (B) BPDB may make withdrawals from such bank account only in such amounts and in such circumstances contemplated by this Agreement; and (C) if the Company subsequently provides a replacement Security Deposit equal to or greater than the amount of the Security Deposit then required to be in place, an amount equal to the amount of the Security Deposit encashed pursuant to this Section 8.6(e)(iv7.2(e)(iv) shall promptly be returned to the Company by BPDB.