PSNH’s Right to Terminate Clause Samples

PSNH’s Right to Terminate. PSNH may, at its sole option and discretion, terminate this Agreement if (i) Seller announces its plans to permanently shut down the Facility, or (ii) if the In-Service Date is not achieved by December 31, 2014, unless otherwise ordered by the NHPUC or unless the Parties otherwise agree in writing; provided that if the In-Service Date is not achieved by June 1, 2014, then Seller shall pay to PSNH damages equal to $500 per day for each day after June 1, 2014 that the In-Service date is not achieved; and provided further, that the June 1, 2014 and December 31, 2014 dates shall be extended day for day for any delays in obtaining any PSNH approvals under Sections 4.1.3 or 4.1.4 above and beyond the date that is the 180th day following the date of the Original PPA (i.e., June 8, 2010), but in no event shall any such extension be beyond December 31, 2015, or (iii) Seller fails after the In-Service Date to deliver any Products to the Delivery Point that are required to be delivered hereunder for a period of twelve (12) consecutive months; provided that in each case PSNH shall give Seller notice of such termination within ten (10) Business Days after such date; and further provided that the twelve (12) month period referred to in subsection (iii) shall be extended for any period that Seller was unable to deliver Products to PSNH in whole or in part as a result of the occurrence of a Force Majeure event; and further provided that any PSNH purchase option or right set forth in Article 7 shall survive such termination.