Reconciliation After Termination. If there is a termination prior to completion of the Upgrade Project, Generator Owner will be responsible for, as applicable: (a) all Affected System Upgrade Costs incurred prior to the date of the notice of termination including the net present value of future ongoing expenses for the first ten years of operation of any completed components (as listed in Exhibit 3 Table B); (b) for any incomplete components: (i) all Affected System Upgrade Costs incurred prior to the date of the notice of termination including the net present value of future ongoing expenses for the first ten years of operation in proportion to the percent completed for any incomplete components; (ii) all actual costs incurred by Southern Companies to remove or modify any Affected System Upgrades, including, without limitation, any cancellation costs for equipment or materials already specifically ordered for the Upgrade Project that cannot be mitigated as described in Section 5.5.2 (Order Cancellation) below, whether or not the equipment or materials later become unnecessary; (iii) Southern Companies’ expense to return to safe and reliable use of its original facilities and (iv) Southern Companies’ expense to complete any of the Affected System Upgrades that it may choose if less expensive than (ii) or (iii) above; and (c) Southern Companies’ demobilization expense associated with termination, including Southern Companies’ supply chain and administrative costs incurred in accordance with this Section 5.5.1 regarding materials or equipment.
Reconciliation After Termination. Notwithstanding the time periods set forth in Section 7.1(c), the parties shall make a final reconciliation in accordance with the provisions Section 7.1(c) within a reasonable period of time after the effective date of termination, including any inventory sell-off period described in Section 14.4, as applicable.
Reconciliation After Termination. If, by the day after the Termination Date, Investor has paid less than $500,000.00 to Company pursuant to this Agreement, Investor shall within 2 business days transfer to Company the amount representing the difference between $500,000.00 and the amount Investor has paid to Company pursuant to this Agreement; provided, however, that in no event shall the Company be required to issue or the Investor be required to pay for in excess of 500,000 Shares pursuant to the terms of this Agreement. The Purchase Price for this amount shall be the closing price of the Company’s publicly-traded stock on the Termination Date. Within 1 business day of Company receiving this amount, Company shall transfer to Investor the corresponding number of Shares, rounded to the nearest whole share. In the event that the foregoing amount would result in the issuance of greater than 500,000 shares, the Investor shall only be required to deliver payment to the Company for up to 500,000 Shares. Any Share amounts required to be issued pursuant to this paragraph shall be rounded down to the nearest whole share.
