Common use of Termination and Termination Damages for Failure to Achieve Guaranteed Project Milestone Date Clause in Contracts

Termination and Termination Damages for Failure to Achieve Guaranteed Project Milestone Date. If, upon the expiration of the Construction Xxxxx XX Period or the COD Xxxxx XX Period, as applicable, Seller has not achieved the applicable Guaranteed Project Milestone, Company shall have the right, notwithstanding any other provision of this Agreement to the contrary, to terminate this Agreement with immediate effect by issuing a written termination notice to Seller designating the Day such termination is to be effective; provided, that Company shall issue such notice no later than thirty (30) Days following the expiration of the Construction Xxxxx XX Period or the COD Xxxxx XX Period, as applicable. The effective date of such termination shall be not later than the date that is thirty (30) Days after such notice is deemed to be received by Seller, and not earlier than the later to occur of the Day such notice is deemed to be received by Seller or the Day following the expiration of the Construction Xxxxx XX Period or the COD Xxxxx XX Period, as applicable. If the Agreement is terminated by Company pursuant to this Section 11.5 (Damages and Termination), Company shall have the right to collect Termination Damages, which shall be calculated in accordance with Section 6.5 (Calculation of Termination Damages) of this Agreement.

Termination and Termination Damages for Failure to Achieve Guaranteed Project Milestone Date. If, upon the expiration of the Construction Xxxxx XX Period or the COD Xxxxx XX Period, as applicable, Seller has not achieved the applicable Guaranteed Project Milestone, Company shall have the right, notwithstanding any other provision of this Agreement to the contrary, to terminate this Agreement with immediate effect by issuing a written termination notice to Seller designating the Day such termination is to be effective; provided, that Company shall issue such notice no later than thirty (30) Days following the expiration of the Construction Xxxxx XX Period or the COD Xxxxx XX Period, as applicable. The effective date of such termination shall be not later than the date that is thirty (30) Days after such notice is deemed to be received by Seller, and not earlier than the later to occur of the Day such notice is deemed to be received by Seller or the Day following the expiration of the Construction Xxxxx XX Period or the COD Xxxxx XX Period, as applicable. If the Agreement is terminated by Company pursuant to this Section 11.5 (Damages and Termination), Company shall have the right to collect collect‌ Termination Damages, which shall be calculated in accordance with Section 6.5 6.5‌‌ (Calculation of Termination Damages) of this Agreement.