Common use of Security with Respect to Certain Vendor Payment and Warranty Obligations Clause in Contracts

Security with Respect to Certain Vendor Payment and Warranty Obligations. Vendor is a party to that certain security escrow agreement (“Security Escrow Agreement”) by and among Owner, Vendor, BSOI, BrightSource Energy, Inc., NRG Solar Ivanpah LLC, Danke Xxxxxx Project LLC, and Xxxxx Fargo Bank, National Association, dated as of April 5, 2011 pursuant to which certain of Vendor’s obligations to pay Delay Liquidated Damages, Performance Liquidated Damages, [*] and to perform its warranty obligations under this Agreement, are secured subject to the terms and conditions of the Security Escrow Agreement. Any distribution of Escrow Property (as defined in the Security Escrow Agreement) to Owner pursuant to the Security Escrow Agreement with respect to Vendor’s obligations set forth in the preceding sentence shall constitute full satisfaction and accord of Vendor’s obligations only to the extent of such distribution and Owner shall, [*] be required to make one request to the escrow agent regarding each failure of Vendor with respect to a secured obligation for a distribution of any such Escrow Property before declaring Vendor in default of its obligations hereunder, and, if a request is required to be made to the escrow agent before declaring Vendor in default of it obligation hereunder in accordance with this sentence, should for any reason Escrow Property sufficient to satisfy such request not be delivered to Owner within five (5) business days after such request, Owner may then proceed to declare a default hereunder. The provisions of the Security Escrow Agreement in no way limit any of Vendor’s obligations under this Agreement.

Security with Respect to Certain Vendor Payment and Warranty Obligations. Vendor is a party to that certain security escrow agreement (“Security Escrow Agreement”) by and among Owner, Vendor, BSOI, BrightSource Energy, Inc., NRG Solar Ivanpah LLC, Danke Xxxxxx Project LLC, and Xxxxx Fargo Bank, National Association, dated as of April 5, 2011 pursuant to which certain of Vendor’s obligations to pay Delay Liquidated Damages, Performance Liquidated Damages, [*] and to perform its warranty obligations under this Agreement, are secured subject to the terms and conditions of the Security Escrow Agreement. Any distribution of Escrow Property (as defined in the Security Escrow Agreement) to Owner pursuant to the Security Escrow Agreement with respect to Vendor’s obligations set forth in the preceding sentence shall constitute full satisfaction and accord of Vendor’s obligations only to the extent of such distribution and Owner shall, [*] ], be required to make one request to the escrow agent regarding each failure of Vendor with respect to a secured obligation for a distribution of any such Escrow Property before declaring Vendor in default of its obligations hereunder, and, if a request is required to be made to the escrow agent before declaring Vendor in default of it obligation hereunder in accordance with this sentence, should for any reason Escrow Property sufficient to satisfy such request not be delivered to Owner within five (5) business days after such request, Owner may then proceed to declare a default hereunder. The provisions of the Security Escrow Agreement in no way limit any of Vendor’s obligations under this Agreement.