Common use of Refund of Security Clause in Contracts

Refund of Security. Amounts required by Seller as Contract Security will be reduced and refunded by NYSERDA to Seller as follows: Within thirty (30) Business Days of XXXXXXX’s receipt of an Independent Engineer’s report (which may be the same report submitted for purposes of Section 2.01(c) of this Agreement) demonstrating that the Operational Installed Capacity equals or exceeds the product of 0.95 and the Offer Capacity. On a prorated basis, expressed as a fraction of the Contract Security equal to the Operational Installed Capacity divided by the product of 0.95 and the Offer Capacity, within thirty (30) Business Days of NYSERDA’s receipt of an attestation from the appropriate representative of Seller that the Operational Installed Capacity is greater than zero and less than the product of 0.95 and the Offer Capacity. For clarity, the cumulative total amount of Contract Security returned to Seller under this Section 15.06(b) at any point in time shall not exceed the amount equal to the Contract Security multiplied by the Operational Installed Capacity at that point in time divided by the product of 0.95 and the Offer Capacity.

Refund of Security. Amounts required by Seller as Contract Security will be reduced and refunded by NYSERDA to Seller as follows: Within thirty (30) Business Days of XXXXXXX’s receipt of an Independent Engineer’s report (which may be the same report submitted for purposes of Section 2.01(c) of this Agreement) demonstrating that the Operational Installed Capacity equals or exceeds the product of 0.95 and the Offer Capacity. On a prorated basis, expressed as a fraction of the Contract Security equal to the Operational Installed Capacity divided by the product of 0.95 and the Offer Capacity, within thirty (30) Business Days of NYSERDA’s receipt of an attestation from the appropriate representative of Seller that the Operational Installed Capacity is greater than zero and less than the product of 0.95 and the Offer Capacity. For clarity, the cumulative total amount of Contract Security returned to Seller under this Section Subsection 15.06(b) at any point in time shall not exceed the amount equal to the Contract Security multiplied by the Operational Installed Capacity at that point in time divided by the product of 0.95 and the Offer Capacity.

Refund of Security. Amounts required by Seller as Contract Security will be reduced and refunded by NYSERDA to Seller as follows: Within thirty (30) Business Days of XXXXXXXNYSERDA’s receipt of an Independent Engineer’s report (which may be the same report submitted for purposes of Section 2.01(c) of this Agreement) demonstrating that the Operational Installed Capacity equals or exceeds the product of 0.95 and the Offer Capacity. On a prorated basis, expressed as a fraction of the Contract Security equal to the Operational Installed Capacity divided by the product of 0.95 and the Offer Capacity, within thirty (30) Business Days of NYSERDA’s receipt of an attestation from the appropriate representative of Seller that the Operational Installed Capacity is greater than zero and less than the product of 0.95 and the Offer Capacity. For clarity, the cumulative total amount of Contract Security returned to Seller under this Section Subsection 15.06(b) at any point in time shall not exceed the amount equal to the Contract Security multiplied by the Operational Installed Capacity at that point in time divided by the product of 0.95 and the Offer Capacity.