Common use of Seller’s Development Security Clause in Contracts

Seller’s Development Security. To secure its obligations under this Agreement, Seller shall deliver Development Security to Buyer within thirty (30) days of the Effective Date. Seller shall maintain the Development Security in full force and effect and Seller shall replenish‌ the Development Security by an amount equal to the amount of any unpaid Daily Delay Damages within five (5) Business Days in the event Buyer collects or draws down any portion of the Development Security for any reason permitted under this Agreement other than to satisfy a Damage Payment or a Termination Payment. Upon the earlier of (i) Seller’s delivery of the Performance Security or (ii) sixty (60) days after termination of this Agreement, Buyer shall return the Development Security to Seller, less the amounts drawn in accordance with this Agreement. If the Development Security is a Letter of Credit and the issuer of such Letter of Credit (A) fails to maintain its status as a Qualified Issuer, (B) indicates its intent not to renew such Letter of Credit and such Letter of Credit expires prior to the Commercial Operation Date, or (C) fails to honor Buyer’s properly documented request to draw on such Letter of Credit by such issuer, Seller shall have ten (10) Business Days to either post cash or deliver a substitute Letter of Credit that meets the requirements set forth in the definition of Development Security.

Seller’s Development Security. To secure its obligations under this Agreement, Seller shall deliver the Development Security to Buyer within thirty (30) days of the Effective Date. Seller shall maintain the Development Security in full force and effect and Seller shall replenish‌ the Development Security by an amount equal to the amount of any unpaid Daily Delay Damages within effect. Within five (5) Business Days in following any draw by Buyer on the event Buyer collects Development Security, including for payment of Construction Delay Damages or draws down any portion of COD Delay Damages, Seller shall replenish the amount drawn such that the Development Security for any reason permitted under this Agreement other than is restored to satisfy a Damage Payment or a Termination Paymentthe amount specified on the Cover Sheet. Upon the earlier of (i) Seller’s delivery of the Performance Security Security, or (ii) sixty (60) days after termination of this Agreement, Buyer shall return the Development Security to Seller, less the amounts drawn in accordance with this Agreement. If the Development Security is a Letter of Credit and the issuer of such Letter of Credit (Ai) fails to maintain its status as a Qualified Issuerthe minimum Credit Rating specified in the definition of Letter of Credit, (Bii) indicates its intent not to renew such Letter of Credit and such Letter of Credit expires prior to the Commercial Operation Date, or (Ciii) fails to honor Buyer’s properly documented request to draw on such Letter of Credit by such issuer, Seller shall have ten (10) Business Days to either post cash or deliver a substitute Letter of Credit in the amount of the Development Security and that otherwise meets the requirements set forth in the definition of Development Security.

Seller’s Development Security. To secure its obligations under this Agreement, Seller shall deliver the Development Security to Buyer within thirty (30) days of the Effective Date. Seller shall maintain the Development Security in full force and effect and Seller shall replenish‌ the Development Security by an amount equal to the amount of any unpaid Daily Delay Damages within effect. Within five (5) Business Days in following any draw by Buyer on the event Buyer collects Development Security, including for payment of Construction Delay Damages or draws down any portion of COD Delay Damages, Seller shall replenish the amount drawn such that the Development Security for any reason permitted under this Agreement other than is restored to satisfy a Damage Payment or a Termination Paymentthe amount specified on the Cover Sheet. Upon the earlier of (i) Seller’s delivery of the Performance Security Security, or (ii) sixty (60) days after termination of this Agreement, Buyer shall return the Development Security to Seller, less the amounts drawn in accordance with this Agreement. If the Development Security is a Letter of Credit and the issuer of such Letter of Credit (Ai) fails to maintain its status as a Qualified Issuerthe minimum Credit Rating specified in the definition of Letter of Credit, (Bii) indicates its intent not to renew such Letter of Credit and such Letter of Credit expires prior to the Commercial Operation Date, or (Ciii) fails to honor Buyer’s properly documented request to draw on such Letter of Credit by such issuer, Seller shall have ten (10) Business Days to either post cash or deliver a substitute Letter of Credit in the amount of the Development Security and that otherwise meets the requirements set forth in the definition of Development Security.. 32

Seller’s Development Security. To secure its obligations under this Agreement, Seller shall deliver the Development Security to Buyer within thirty (30) days of after the Effective Date. Seller shall maintain the Development Security in full force and effect and Seller shall replenish‌ replenish the Development Security by an amount equal to the amount of any unpaid Daily Commercial Operation Delay Damages within five (5) Business Days in the event Buyer collects or draws down any portion of the Development Security for any reason permitted under this Agreement other than to satisfy a Damage Payment or a Termination Payment. Upon the earlier of (i) Seller’s delivery of the Performance Security Security, or (ii) sixty (60) days after termination of this Agreement, Buyer shall return the Development Security to Seller, less the amounts drawn in accordance with this Agreement. If the Development Security is a Letter of Credit and the issuer of such Letter of Credit (Ai) fails to maintain its status as a Qualified IssuerCredit Rating, (Bii) indicates its intent not to renew such Letter of Credit and such Letter of Credit expires prior to the Commercial Operation Date, or (Ciii) fails to honor Buyer’s properly documented request to draw on such Letter of Credit by such issuer, Seller shall have ten five (105) Business Days to either post cash or deliver a substitute Letter of Credit that meets the requirements set forth in the definition of Development Security.Security.‌

Seller’s Development Security. To secure its obligations under this Agreement, Seller shall deliver Development Security to Buyer within thirty (30) days of the Effective Date. Seller shall maintain the Development Security in full force and effect and Seller shall replenish‌ replenish the Development Security by an amount equal to the amount of any unpaid Daily Delay Damages within five (5) Business Days in the event Buyer collects or draws down any portion of the Development Security for any reason permitted under this Agreement other than to satisfy a Damage Payment or a Termination Payment. Upon the earlier of (i) Seller’s delivery of the Performance Security or (ii) sixty (60) days after termination of this Agreement, Buyer shall return the Development Security to Seller, less the amounts drawn in accordance with this Agreement. If the Development Security is a Letter of Credit and the issuer of such Letter of Credit (A) fails to maintain its status as a Qualified Issuer, (B) indicates its intent not to renew such Letter of Credit Credit‌ and such Letter of Credit expires prior to the Commercial Operation Date, or (C) fails to honor BuyerXxxxx’s properly documented request to draw on such Letter of Credit by such issuer, Seller shall have ten (10) Business Days to either post cash or deliver a substitute Letter of Credit that meets the requirements set forth in the definition of Development Security.

Seller’s Development Security. To secure its obligations under this Agreement, Seller shall deliver the Development Security to Buyer within thirty (30) days of after the Effective Date. Seller may replace Development Security or change the form of Development Security to another permitted form of Development Security from time to time upon reasonable prior written notice to Buyer. Seller shall maintain the Development Security in full force and effect and Seller shall replenish‌ the Development Security by an amount equal to the amount of any unpaid Daily Delay Damages within five (5) Business Days after any draw thereon replenish the Development Security in the event Buyer collects or draws down any portion of the Development Security for any reason permitted under this Agreement other than to satisfy a Damage Payment or a Termination Payment. Upon the earlier of (i) Seller’s delivery of the Performance Security Security, or (ii) sixty (60) days after termination of this Agreement, Buyer shall return the Development Security to Seller, less the amounts drawn in accordance with this Agreement. If the Development Security is a Letter of Credit and the issuer of such Letter of Credit (Ai) fails to maintain its status as a Qualified Issuerthe minimum Credit Rating specified in the definition of Letter of Credit, (Bii) indicates its intent not to renew such Letter of Credit and such Letter of Credit expires prior to the Commercial Operation Date, or (Ciii) fails to honor BuyerXxxxx’s properly documented request to draw on such Letter of Credit by such issuer, Seller shall have ten (10) Business Days to either post cash or deliver a substitute Letter of Credit that otherwise meets the requirements set forth in the definition of Development Security.

Seller’s Development Security. To secure its obligations under this Agreement, Seller shall deliver Development Security to Buyer within thirty (30) days of the Effective Date. Seller shall maintain the Development Security in full force and effect and Seller shall replenish‌ replenish the Development Security by an amount equal to the initial amount of any unpaid Daily Delay Damages within five (5) Business Days in the event Buyer collects or draws down any portion of the Development Security for unpaid Daily Delay Damages, Commercial Operation Delay Damages, or for any reason permitted under this Agreement other than to satisfy a Damage Payment or a Termination Payment. Upon the earlier of (ia) Seller’s delivery of the Performance Security or (iib) sixty (60) days after termination of this Agreement, Buyer shall return the Development Security to Seller, less the amounts drawn in accordance with this Agreement. If the Development Security is a Letter of Credit and the issuer of such Letter of Credit (Ai) fails to maintain its status as a Qualified Issuer, (Bii) indicates its intent not to renew such Letter of Credit and such Letter of Credit expires prior to the Commercial Operation Date, or (Ciii) fails to honor BuyerXxxxx’s properly documented request to draw on such Letter of Credit by such issuer, Seller shall have ten (10) Business Days to either post cash or deliver a substitute Letter of Credit that meets the requirements set forth in the definition of Development Security.Security.‌