Seller Termination Payment Sample Clauses

Seller Termination Payment. If the Buyer is the Non-Defaulting Party and establishes an Early Termination Date pursuant to this Agreement, then the Seller Termination Payment owed by Seller shall equal the following: An amount equal to the positive difference (if any) obtained by subtracting (i) the present value of the amount that would have been payable by Buyer to Seller if Seller had delivered Contract Products for the remainder of the Term, such amount to be reasonably estimated by Xxxxx taking into account facts and circumstances applicable to the Project, the Buyer, CAISO and WECC as of the Early Termination Date, from (ii) the present value (discounted at the same rate) of any replacement contract entered into by Buyer to obtain replacement Contract Products for the period commencing on the Early Termination Date and ending on the last day of the Term; provided that prior to the Commercial Operation Date, the Seller Termination Payment will be capped at the amount of the Development Security. Nothing herein shall require that Buyer actually execute any such replacement contract prior to the payment by Seller of the Seller Termination Payment in accordance with this Appendix E. Buyer maintains the duty to mitigate damages to Seller by using Commercially Reasonable Efforts to find a comparable power contract, and in all events any Seller Termination Payment shall be reduced by the value of such comparable power contract to Buyer. Buyer may also be entitled to its costs and expenses reasonably incurred in connection with any competitive bidding process such as the issuance of a request for proposals to procure replacement Contract Products for the remainder of the Term.
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Seller Termination Payment. ‌ - If the Buyer terminates this EPA under sections 10.1(c), 10.1(d), 10.1(e) other than in the event of Force Majeure declared by the Buyer, 10.1(g), 10.1(h), 10.1(i), 10.1(j), or 10.1(k), then the Seller will pay to the Buyer, within 30 days after the delivery of the invoice referred to in paragraph (e) below, an amount equal to the greater of:
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Seller Termination Payment. (a) If the Seller terminates this EPA under section 16.3(a), the Seller will pay to the Buyer, within 30 days after termination, a termination payment in the amount of $60,000/MW multiplied by the Plant Capacity (the “Seller Material Permit Termination Payment”).
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Seller Termination Payment. If the Buyer is the Non-Defaulting Party and establishes an Early Termination Date pursuant to this Agreement, then the Seller Termination Payment owed by Seller shall equal the following: An amount equal to the positive difference (if any) obtained by subtracting (i) the present value of the amount that would have been payable by Buyer to Seller if Seller had delivered Contract Products for the remainder of the Term, such amount to be reasonably estimated by Xxxxx taking into account facts and circumstances applicable to the Project, the Buyer, CAISO and WECC as of the Early Termination Date, from (ii) the present value (discounted at the same rate) of any replacement contract entered into by Buyer to obtain replacement Contract Products for the period commencing on the Early Termination Date and ending on the last day of the Term; provided that prior to the Commercial Operation Date, the Seller Termination Payment will be capped at the amount of the Development Security. Nothing herein shall require that Buyer actually execute any such replacement contract prior to the payment by Seller of the Seller Termination Payment
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Related to Seller Termination Payment

  • Termination Payment The final payment delivered to the Certificateholders on the Termination Date pursuant to the procedures set forth in Section 9.01(b).

  • Termination Payments In the event of termination of the Executive’s employment during the Employment Period, all compensation and benefits set forth in this Agreement shall terminate except as specifically provided in this Section 8.

  • Obligations after Termination a. Following termination of this Agreement, a Party shall remain liable for all obligations arising hereunder prior to the effective date of termination, including all obligations accrued prior to the effective date, imposed on the Party by this Agreement or the ISO Tariffs or other ISO Related Agreements.

  • Other Termination This Agreement may be terminated and the transactions contemplated hereby may be abandoned at any time prior to the Disaffiliation Date by either Party if:

  • Termination Pay Effective upon the termination of this Agreement, the Employer will be obligated to pay the Executive (or, in the event of his death, his designated beneficiary as defined below) only such compensation as is provided in this Section 6.5, and in lieu of all other amounts and in settlement and complete release of all claims the Executive may have against the Employer. For purposes of this Section 6.5, the Executive's designated beneficiary will be such individual beneficiary or trust, located at such address, as the Executive may designate by notice to the Employer from time to time or, if the Executive fails to give notice to the Employer of such a beneficiary, the Executive's estate. Notwithstanding the preceding sentence, the Employer will have no duty, in any circumstances, to attempt to open an estate on behalf of the Executive, to determine whether any beneficiary designated by the Executive is alive or to ascertain the address of any such beneficiary, to determine the existence of any trust, to determine whether any person or entity purporting to act as the Executive's personal representative (or the trustee of a trust established by the Executive) is duly authorized to act in that capacity, or to locate or attempt to locate any beneficiary, personal representative, or trustee.

  • Termination and Severance Pay Employees who terminate their employment with the City for any reason shall have their termination pay computed in the following manner.

  • Notice of Termination Payment As soon as practicable after calculation of a Termination Payment, notice shall be given by the Non-Defaulting Party to the Defaulting Party of the amount of the Termination Payment and whether the Termination Payment is due to or due from the Non-Defaulting Party. The notice shall include a written statement explaining in reasonable detail the calculation of such amount. Subject to Section 5.4(b) above, the Termination Payment shall be made by the Party that owes it within three (3) Business Days after such notice is effective.

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