Common use of Recomputation Clause in Contracts

Recomputation. If Seller, and if applicable, any Third Party Investor(s), is claiming more Section 45 Credits than the amount that Purchaser determines to be appropriate, then for purposes of this Section 3.2, Purchaser may elect to have the Sunoco Realized Value, and if applicable, the Other Realized Value, determined based on such lower amount of Section 45 Credits (such lower amount referred to as the “Recomputed Section 45 Credit Amount”). If there is a later reduction in any Section 45 Credits claimed by Seller or any Third Party Investor, then Purchaser’s liability under Section 3.3(d) shall be determined only with respect to such reduction below the Recomputed Section 45 Credit Amount. Seller has no obligation to Purchaser under this Section 3.2 to the extent the amount of Section 45 Credits actually allowed exceed the Recomputed Section 45 Credit Amount.

Recomputation. If SellerProvider, and if applicable, any Third Party Investor(s), is claiming more Section 45 Credits than the amount that Purchaser Off-Taker determines to be appropriate, then for purposes of this Section 3.23.5, Purchaser Off-Taker may elect to have the Sunoco Realized Value, and if applicable, the Other Realized Value, determined based on such lower amount of Section 45 Credits (such lower amount referred to as the “Recomputed Section 45 Credit Amount”). If there is a later reduction in any Section 45 Credits claimed by Seller Provider or any Third Party Investor, then PurchaserOff-Taker’s liability under Section 3.3(d3.5(d) shall be determined only with respect to such reduction below the Recomputed Section 45 Credit Amount. Seller Provider has no obligation to Purchaser Off-Taker under this Section 3.2 3.5 to the extent the amount of Section 45 Credits actually allowed exceed the Recomputed Section 45 Credit Amount.