Common use of Purchaser Liability Clause in Contracts

Purchaser Liability. Notwithstanding anything herein to the contrary, Purchaser’s liability for any payments made to Owner pursuant (x) to Sections 3.3.3, 3.3.4, 3.4, 4.4.2, 4.4.3 and 14.4, (y) Sections 3.3.3, 3.3.4, 3.4, 4.4.2, 4.4.3 and 14.4 of the Purchaser TSAs and (z) Sections 3.3.4, 3.4, 4.4.2 and 14.4 of the 110 MW TSA shall not exceed, in aggregate, an amount equal to Two Hundred Million Dollars ($200,000,000), which $200,000,000 shall be adjusted in accordance with the following: (a) increased by the total amount of Credit Support provided by Owner pursuant to Section 4.1(c) of this Agreement and Section 4.1(c) of the Purchaser TSAs; (b) reduced by the amount drawn on any Credit Support provided by Owner pursuant to Section 4.1(c) of this Agreement and Section 4.1(c) of the Purchaser TSAs as a result of an Owner Default hereunder and thereunder; (c) reduced by any amount of Credit Support that has been returned to Owner pursuant to Section 4.1(c) of the Distribution Company TSA and Section 4.1(c) of the Additional TSAs with the RFP Sponsors; and (d) reduced by any Delay Damages (as defined in the PPA) paid by Purchaser to Distribution Company under the PPA.

Purchaser Liability. Notwithstanding anything herein to the contrary, Purchaser’s liability for any payments made to Owner pursuant to (x) to Sections 3.3.3, 3.3.4, 3.4, 4.4.2, 4.4.3 4.4.2 and 14.4, 14.4 and (y) Sections 3.3.3, 3.3.4, 3.4, 4.4.2, 4.4.3 and 14.4 of the Purchaser TSAs and (z) Sections 3.3.4, 3.4, 4.4.2 and 14.4 of the 110 MW TSA shall not exceed, in aggregate, an amount equal to Two Hundred Million Dollars ($200,000,000), which $200,000,000 shall be adjusted in accordance with the following: (a) increased by the total amount of Credit Support provided by Owner pursuant to Section 4.1(c) of this Agreement and Section 4.1(c) of the Purchaser TSAs; (b) reduced by the amount drawn on any Credit Support provided by Owner pursuant to Section 4.1(c) of this Agreement and Section 4.1(c) of the Purchaser TSAs as a result of an Owner Default hereunder and thereunder; (c) reduced by any amount of Credit Support that has been returned to Owner pursuant to Section 4.1(c) of the Distribution Company TSA and Section 4.1(c) of the Additional TSAs with the RFP SponsorsSponsor TSAs; and (d) reduced by any Delay Damages (as defined in the PPAPPAs) paid by Purchaser to Distribution Company the RFP Sponsors under the PPAPPAs.