Seller's Remedies upon Occurrence of a Buyer Default and Termination. In the event that Seller terminates this Agreement due to an Event of Default by Xxxxx, then Buyer’s liability to Seller shall be the Early Termination Fee, plus all reasonable costs and expenses (including the reasonable expenses and fees of Seller’s counsel) incurred by Seller in connection with the Event of Default, plus all other amounts then accrued and owing to Seller from Buyer hereunder at termination. Upon termination of the Agreement by Seller due to an Event of Default by Buyer, Seller shall have no future or further obligation to deliver the Net Energy of the Facility to Buyer or to satisfy any other obligation under this Agreement, except for (i) payments or other obligations arising or accruing prior to the effective date of termination, and (ii) its obligations to mitigate the Early Termination Fee, and those obligations surviving the termination or expiration of this Agreement pursuant to Section 15.19.
Appears in 2 contracts
Samples: Offer Power Purchase Agreement, Renewable Power Purchase Agreement
Seller's Remedies upon Occurrence of a Buyer Default and Termination. In the event that Seller terminates this Agreement due to an Event of Default by Xxxxx, then Buyer’s Xxxxx's liability to Seller shall be the an Early Termination Fee, plus plus, without duplication, all reasonable costs cost and expenses (including the reasonable expenses and fees of Seller’s 's counsel) incurred by Seller in connection associated with the Event of Default, plus all other amounts then accrued and owing to Seller from Buyer hereunder at terminationhereunder. Upon termination of the Agreement by Seller due to an Event of Default by Buyer, Seller the Parties shall have no future or further obligation to deliver the Net Energy of the Facility to Buyer or to satisfy any other obligation under this Agreement, except for (i) payments or other obligations arising or accruing prior to the effective date of termination, and (ii) in the case of Seller, its obligations obligation to mitigate the Early Termination Fee, and (iii) those obligations surviving the termination or expiration of this Agreement pursuant to Section 15.19.15.20. EXECUTION VERSION
Appears in 1 contract
Samples: Power Purchase Agreement
Seller's Remedies upon Occurrence of a Buyer Default and Termination. In the event that Seller terminates this Agreement due to an Event of Default by Xxxxx, then Buyer’s Xxxxx's liability to Seller shall be the Early Termination Fee, plus all reasonable costs and expenses (including the reasonable expenses and fees of Seller’s 's counsel) incurred by Seller in connection with the Event of Default, plus all other amounts then accrued and owing to Seller from Buyer hereunder at termination. Upon termination of the Agreement by Seller due to an Event of Default by Buyer, Seller shall have no future or further obligation to deliver the Net Energy of the Facility to Buyer or to satisfy any other obligation under this Agreement, except for (i) payments or other obligations arising or accruing prior to the effective date of termination, and (ii) its obligations to mitigate the Early Termination Fee, Page41 of68 and those obligations surviving the termination or expiration of this Agreement pursuant to Section 15.19.
Appears in 1 contract
Samples: Power Purchase Agreement