Return of Project Development Security. If, after the Initial Delivery Date, no damages are due and owing to Buyer under this Agreement, then Seller will no longer be required to maintain the Project Development Security, and Buyer shall return to Seller the Project Development Security, less any amounts drawn in accordance with Section 1.1(b)(ii) unless Seller elects to apply the Project Development Security to the Delivery Term Security in accordance with Section 10.4(a)(ii). The Project Development Security (or portion thereof) due to Seller shall be returned to Seller within five (5) Business Days of Buyer’s receipt and acceptance of the Delivery Term Security unless, with Buyer’s consent, Seller elects to apply the Project Development Security posted pursuant to Section 10.4(a)(i) toward the Delivery Term Security posted pursuant to Section 10.4(a)(ii). Buyer shall return to Seller the Project Development Security after Xxxxx’s Notice of termination due to Force Majeure pursuant to Section 8.1(e).
Appears in 7 contracts
Samples: Distribution Services Agreement, Distribution Services Agreement, Distribution Services Agreement
Return of Project Development Security. If, after the Initial Delivery DateIDD, no damages are due and owing to Buyer under this Agreement, then Seller will no longer be required to maintain the Project Development Security, and Buyer shall return to Seller the Project Development Security, less any amounts drawn in accordance with Section 1.1(b)(ii1.1(c)(ii) unless Seller elects to apply the Project Development Security to the Delivery Term Security in accordance with Section 10.4(a)(ii). The Project Development Security (or portion thereof) due to Seller shall be returned to Seller within five (5) Business Days of Buyer’s receipt and acceptance of the Delivery Term Security unless, with Buyer’s consent, Seller elects to apply the Project Development Security posted pursuant to Section 10.4(a)(i) toward the Delivery Term Security posted pursuant to Section 10.4(a)(ii). Buyer shall return to Seller the Project Development Security after Xxxxx’s Notice of termination due to Force Majeure pursuant to Section 8.1(e)8.5.
Appears in 1 contract
Samples: Distribution Services Agreement