Common use of Retention Security Clause in Contracts

Retention Security. Amounts provided by Seller as Contract Security will be retained by NYSERDA as follows: a. In the amount of (50%) of the amount provided if the Bidder elects to terminate this Agreement on or before July 15, 2007; b. At a prorated amount if the Bid Capacity of the Bid Facility that is in Commercial Operation on the Commercial Operation Milestone Date is less that the Bid Capacity of the Bid Facility described in the Bid Proposal. Such amount that will be retained, expressed a percentage of the total Contract Security, will be equal to the Bid Capacity of the Bid Facility described in the Bid Proposal minus the Bid Capacity of the Bid Facility that enters Commercial Operation on or before the Commercial Operation Milestone Date; divided by the Bid Capacity of the Bid Facility described in the Bid Proposal. c. In its entirety if the Seller elects to terminate the contract under Section 14.01(e) of the RPS Standard Form Contract.

Retention Security. Amounts provided by Seller as Contract Security will be retained by NYSERDA as follows: a. In the amount of (50%) of the amount provided if the Bidder elects to terminate this Agreement on or before July 15, 2007; b. At a prorated amount if the Bid Capacity of the Bid Facility that is in Commercial Operation on the Commercial Operation Milestone Date is less that the Bid Capacity of the Bid Facility described in the Bid Proposal. Such amount that will be retained, expressed a percentage of the total Contract Security, will be equal to the Bid Capacity of the Bid Facility described in the Bid Proposal minus the Bid Capacity of the Bid Facility that enters Commercial Operation on or before the Commercial Operation Milestone Date; divided by the Bid Capacity of the Bid Facility described in the Bid Proposal. c. In its entirety if the Seller elects to terminate the contract under Section 14.01(e14.01 (e) of the RPS Standard Form Contract.

Retention Security. Amounts provided by Seller as Contract Security will be retained by NYSERDA as follows: a. In the amount of (50%) of the amount provided if the Bidder elects to terminate this Agreement on or before July 15October 1, 20072008; b. At a prorated amount if the Bid Capacity of the Bid Facility that is in Commercial Operation on the Commercial Operation Milestone Date is less that the Bid Capacity of the Bid Facility described in the Bid Proposal. Such amount that will be retained, expressed a percentage of the total Contract Security, will be equal to the Bid Capacity of the Bid Facility described in the Bid Proposal minus the Bid Capacity of the Bid Facility that enters Commercial Operation on or before the Commercial Operation Milestone Date; divided by the Bid Capacity of the Bid Facility described in the Bid Proposal. c. In its entirety if the Seller elects to terminate the contract under Section 14.01(e) of the RPS Standard Form Contract).