Security is Not a Limit on Seller’s Liability. The security contemplated by this Section 8 (a) constitutes security for, but is not a limitation of, Seller's obligations hereunder and (b) shall not be PacifiCorp's exclusive remedy for Seller's failure to perform in accordance with this Agreement. Seller shall maintain security as required by Sections 8.1, 8.2 and 8.3, as applicable per this Agreement. To the extent that PacifiCorp draws on any security, Seller shall, on or before the first day of the Contract Year following such draw, replenish or reinstate the security to the full amount then required under this Section 8. If at any time the Seller or Seller's credit support provider(s) fails to meet the Credit Requirements, then Seller shall provide replacement security meeting the requirements set forth in Section 8 within ten (10) Business Days after the earlier of (x) Seller's receipt of notice from any source that Seller or the credit support provider(s), as applicable, no longer meets the Credit Requirements or (y) Seller's receipt of written notice from PacifiCorp requesting the posting of alternate security.
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Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Security is Not a Limit on Seller’s Liability. The security contemplated by this Section SECTION 8 (a) constitutes security for, but is not a limitation of, Seller's obligations hereunder and (b) shall not be PacifiCorp's exclusive remedy for Seller's failure to perform in accordance with this Agreement. Seller shall maintain security as required by Sections 8.1, 8.2 8.2, and 8.3, as applicable per this Agreement. To the extent that PacifiCorp draws on any security, Seller shall, on or before the first day of the Contract Year following such draw, replenish or reinstate the security to the full amount then required under this Section SECTION 8. If at any time the Seller or Seller's credit support provider(s) fails to meet the Credit Requirements, then Seller shall provide replacement security meeting the requirements set forth in Section SECTION 8 within ten (10) 10 Business Days after the earlier of (x) Seller's receipt of notice from any source that Seller or the credit support provider(s), as applicable, no longer meets the Credit Requirements or (y) Seller's receipt of written notice from PacifiCorp requesting the posting of alternate security.
Appears in 3 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Security is Not a Limit on Seller’s Liability. The security contemplated by under this Section 8 (a) Agreement constitutes security for, but is not a limitation of, Seller's ’s obligations hereunder under this Agreement and (b) shall is not be PacifiCorp's ’s exclusive remedy for Seller's ’s failure to perform in accordance with this Agreement. Seller shall maintain security as required by Sections 8.1, 8.2 and 8.3, as applicable per this Agreement. To the extent that PacifiCorp draws on any security, Seller shallmust, on or before the first day of the Contract Year within thirty (30) days following such draw, replenish or reinstate the security to the full amount then required under this Section 8Agreement. If at any time the Seller xxxx Xxxxxx or Seller's ’s credit support provider(s) fails to meet the Credit Requirements, then Seller shall must provide replacement security meeting the requirements set forth in this Section 8 within ten (10) Business Days after the earlier of (xa) Seller's ’s receipt of notice from any source that Seller or the credit support provider(s), as applicable, no longer meets the Credit Requirements or (yb) Seller's ’s receipt of written notice from PacifiCorp requesting the posting of alternate security.security.
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