Termination by the Supplier. (a) If any Buyer Event of Default occurs and is continuing, then upon written notice to the Buyer, the Supplier may: (i) terminate this Agreement, and (ii) set off any payments due to the Buyer against any amounts payable by the Buyer to the Supplier and, in such circumstances, the Buyer shall return to the Supplier any remaining Completion and Performance Security that has been provided by the Supplier hereunder. (b) Notwithstanding the foregoing, if applicable, the Buyer shall be responsible for payment of amounts accruing under this Agreement only up to and including the Termination Date. The Supplier may hold back payment or set off against any payments owed by it if the Buyer fails to comply with its obligations on termination.
Appears in 5 contracts
Samples: E Lt 1 Contract, E Lt 1 Contract, Long Term Reliability Services Contract
Termination by the Supplier.
(a) If any Buyer Event of Default occurs and is continuing, then upon written notice to the Buyer, the Supplier may: (i) terminate this Agreement, and (ii) set off any payments due to the Buyer against any amounts payable by the Buyer to the Supplier and, in such circumstances, the Buyer shall return to the Supplier any remaining Completion and Performance Security that has been provided by the Supplier hereunder.Supplier.
(b) Notwithstanding the foregoing, if applicable, the Buyer shall be responsible for payment of amounts accruing under this Agreement only up to and including the Termination Date. The Supplier may hold back payment or set off against any payments owed by it if the Buyer fails to comply with its obligations on termination.
Appears in 2 contracts
Samples: E Lt 1 Contract, E Lt 1 Contract
Termination by the Supplier.
(a) If any Buyer Event of Default occurs and is continuing, then upon written notice to the Buyer, the Supplier may: (i) in accordance with Sections 16.5(d)(iii) and 16.5(e)(iii), terminate this Agreement, and (ii) set off any payments due to the Buyer against any amounts payable by the Buyer to the Supplier and, in such circumstances, the Buyer shall return to the Supplier any remaining Completion and Performance Security that has been provided by the Supplier hereunder.Supplier.
(b) Notwithstanding the foregoing, if applicable, the Buyer shall be responsible for payment of amounts accruing under this Agreement only up to and including the Termination Date. The Supplier may hold back payment or set off against any payments owed by it if the Buyer fails to comply with its obligations on termination.
Appears in 2 contracts
Samples: Clean Energy Supply Contract, Peking Generation Contract
Termination by the Supplier.
(a) If any Buyer Event of Default occurs and is continuing, then upon written notice to the Buyer, the Supplier may: (i) in accordance with Sections 16.5(d)(iii) and 16.5(e)(iii), terminate this Agreement, and (ii) set off any payments due to the Buyer against any amounts payable by the Buyer to the Supplier and, in such circumstances, the Buyer shall return to the Supplier any remaining Completion and Performance Security that has been provided by the Supplier hereunder.Supplier.
(b) Notwithstanding the foregoing, if applicable, the Buyer shall be responsible for payment of amounts accruing under this Agreement only up to and including the Termination Date. The Supplier may hold back payment or set off against any payments owed by it if the Buyer fails to comply with its obligations on termination.
Appears in 2 contracts
Samples: Energy Supply Agreement, Clean Energy Supply Contract
Termination by the Supplier.
(a) If any Buyer Event of Default occurs and is continuing, then upon written notice to the Buyer, the Supplier may: (i) terminate this Agreement, and (ii) set off any payments due to the Buyer against any amounts payable by the Buyer to the Supplier and, in such circumstances, the Buyer shall return to the Supplier any remaining Completion and Performance Security that has been provided by the Supplier hereunder.Supplier.
(b) Notwithstanding the foregoing, if applicable, the Buyer shall be responsible for payment of amounts accruing under this Agreement only up to and including the Termination Date. The Supplier may hold back payment or set off against any payments owed by it if the Buyer fails to comply with its obligations on termination.termination.
Appears in 1 contract
Samples: E Lt 1 Contract
Termination by the Supplier.
(a) If any Buyer Event of Default occurs and is continuing, then upon written notice to the Buyer, the Supplier may: (i) terminate this Agreement, and (ii) set off any payments due to the Buyer against any amounts payable by the Buyer to the Supplier and, in such circumstances, the Buyer shall return to the Supplier any remaining Completion and Performance Security that has been provided by the Supplier hereunder.Supplier.
(b) Notwithstanding the foregoing, if applicable, the Buyer shall be responsible for payment of amounts accruing under this Agreement only up to and including the Termination Date. The Supplier may hold back payment or set off against any payments owed by it if the Buyer fails to comply with its obligations on termination.
Appears in 1 contract
Samples: Medium Term Capacity Contract
Termination by the Supplier.
(a) If any Buyer Event of Default occurs and is continuing, then upon written notice to the Buyer, the Supplier may: (i) terminate this Agreement, and (ii) set off any payments due to the Buyer against any amounts payable by the Buyer to the Supplier and, in such circumstances, the Buyer shall return to the Supplier any remaining Completion and Performance Security that has been provided by the Supplier hereunder.any
(b) Notwithstanding the foregoing, if applicable, the Buyer shall be responsible for payment of amounts accruing under this Agreement only up to and including the Termination Date. The Supplier may hold back payment or set off against any payments owed by it if the Buyer fails to comply with its obligations on termination.
Appears in 1 contract
Samples: E Lt 1 Contract
Termination by the Supplier. Draft
(a) If any Buyer Event of Default occurs and is continuing, then upon written notice to the Buyer, the Supplier may: (i) terminate this Agreement, and (ii) set off any payments due to the Buyer against any amounts payable by the Buyer to the Supplier and, in such circumstances, the Buyer shall return to the Supplier any remaining Completion and Performance Security that has been provided by the Supplier hereunder.hereunder.
(b) Notwithstanding the foregoing, if applicable, the Buyer shall be responsible for payment of amounts accruing under this Agreement only up to and including the Termination Date. The Supplier may hold back payment or set off against any payments owed by it if the Buyer fails to comply with its obligations on termination.termination.
Appears in 1 contract
Termination by the Supplier.
(a) If any Buyer Event of Default occurs and is continuing, then upon written notice to the Buyer, the Supplier may: (i) terminate this Agreement, and (ii) set off any payments due to the Buyer against any amounts payable by the Buyer to the Supplier and, in such circumstances, the Buyer shall return to the Supplier any remaining Completion and Performance Security that has been provided by the Supplier hereunder.
(b) Notwithstanding the foregoing, if applicable, the Buyer shall be responsible for payment of amounts accruing under this Agreement only up to and including the Termination Date. The Supplier may hold back payment or set off against any payments owed by it if the Buyer fails to comply with its obligations on termination.termination.
Appears in 1 contract
Samples: E Lt 1 Contract
Termination by the Supplier.
(a) If any Buyer Event of Default occurs and is continuing, then upon written notice to the Buyer, the Supplier may: (i) terminate this Agreement, and (ii) set off any payments due to the Buyer against any amounts payable by the Buyer to the Supplier and, in such circumstances, the Buyer shall return to the Supplier any remaining Completion and Performance Security that has been provided by the Supplier hereunder.hereunder.
(b) Notwithstanding the foregoing, if applicable, the Buyer shall be responsible for payment of amounts accruing under this Agreement only up to and including the Termination Date. The Supplier may hold back payment or set off against any payments owed by it if the Buyer fails to comply with its obligations on termination.termination.
Appears in 1 contract
Termination by the Supplier.
(a) If any Buyer Event of Default occurs and is continuing, then upon written notice to the Buyer, the Supplier may: (i) terminate this Agreement, and (ii) set off any payments due to the Buyer against any amounts payable by the Buyer to the Supplier and, in such circumstances, the Buyer shall return to the Supplier any remaining Completion and Performance Security that has been provided by the Supplier hereunder.hereunder.
(b) Notwithstanding the foregoing, if applicable, the Buyer shall be responsible for payment of amounts accruing under this Agreement only up to and including the Termination Date. The Supplier may hold back payment or set off against any payments owed by it if the Buyer fails to comply with its obligations on termination.
Appears in 1 contract