Common use of Termination by Purchaser Clause in Contracts

Termination by Purchaser. If Purchaser terminates this Agreement for a Seller Event of Default, the Termination Payment to Purchaser will be equal to the sum of (i) the present value of Purchaser’s direct damages for the cost of cover to the extent it exceeds the Contract Price for the remainder of the Term; (ii) all direct costs incurred by Purchaser by reason of the termination; and (iii) any and all other amounts previously accrued under this Agreement and then owed by Seller to Purchaser. The Termination Payment determined under this Section 12.4(a) cannot be less than zero.

Appears in 6 contracts

Samples: Solar Power Purchase Agreement, Solar Power Purchase Agreement, Solar Power Purchase Agreement Services

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Termination by Purchaser. If Purchaser terminates this Agreement for a Seller Event of Default, the Termination Payment to Purchaser will be equal to the sum of (i) the present value of Purchaser’s direct damages for the excess, if any, of the reasonably expected cost of cover to electricity from the extent it exceeds Utility in excess of the Contract Price for the reasonably expected production of the System for the remainder of the Term; (( ii) all direct costs incurred by Purchaser by reason of the termination; and (iii) any and all other amounts previously accrued under this Agreement and then owed by Seller to Purchaser. The Termination Payment determined under this Section 12.4(a) cannot be less than zero.

Appears in 1 contract

Samples: Solar Power Purchase Agreement Services

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