Common use of Termination of [Project Development Security for New Facilities][Pre-Delivery Term Security for Existing Facilities] Clause in Contracts

Termination of [Project Development Security for New Facilities][Pre-Delivery Term Security for Existing Facilities]. If after the Initial Delivery Date no damages are due and owing to Buyer under this Agreement, then Seller shall no longer be required to maintain the [Project Development Security for New Facilities][Pre-Delivery Term Security for Existing Facilities], and Buyer shall return to Seller the [Project Development Security for New Facilities][Pre-Delivery Term Security for Existing Facilities], less the amounts drawn in accordance with Section 8.4(b). If Seller has met the Guaranteed Commercial Operation Date, then the [Project Development Security returned shall include amounts held by Buyer as Delay Damages due to a delayed Construction Start Date]. The [Project Development Security for New Facilities][Pre-Delivery Term Security for Existing Facilities] (or portion thereof) due to Seller shall be returned to Seller within five (5) Business Days of Seller’s provision of the Delivery Term Security unless, with Buyer’s consent, Seller elects to apply the [Project Development Security for New Facilities][Pre-Delivery Term Security for Existing Facilities] posted pursuant to Section [8.4(a)(i) for New Facilities][8.4(a)(ii) for Existing Facilities] toward the Delivery Term Security posted pursuant to Section 8.4(a)(iii).

Termination of [Project Development Security for New Facilities][Pre-Delivery Term Security for Existing Facilities]. If after the Initial Delivery Date no damages are due and owing to Buyer under this Agreement, then Seller shall no longer be required to maintain the [Project Development Security for New Facilities][Pre-Delivery Term Security for Existing Facilities], and Buyer shall return to Seller the [Project Development Security for New Facilities][Pre-Delivery Term Security for Existing Facilities], less the any amounts drawn in accordance with Section 8.4(b). [For new Facilities: If Seller has met the Guaranteed Commercial Operation Date, then the [Project Development Security returned shall include any amounts held by Buyer as Delay Damages due to a delayed Construction Start Date]. The [Project Development Security for New Facilities][Pre-Delivery Term Security for Existing Facilities] (or portion thereof) due to Seller shall be returned to Seller within five (5) Business Days of Seller’s provision of the Delivery Term Security unless, with Buyer’s consent, Seller elects to apply the [Project Development Security for New Facilities][Pre-Delivery Term Security for Existing Facilities] posted pursuant to Section [8.4(a)(i) for New Facilities][8.4(a)(ii) for Existing Facilities] toward the Delivery Term Security posted pursuant to Section 8.4(a)(iii).