Termination of Site(s) and Payment of Termination Value. If, beginning in the sixth (6th) year following the applicable Commercial Operation Date, a substitute Site cannot be located in accordance with Section 10.2.1 with respect to the System and Customer elects not to avail itself of the provisions of Section 10.2.2 with respect to the System, then Customer shall so notify Provider, Provider shall remove the System (at Customer’s sole cost and expense) and Customer shall pay to Provider the then-applicable Termination Value specified in Column A of Exhibit D in respect of the System as liquidated damages, whereupon this Agreement shall terminate with respect to the Site. The Parties agree that actual damages to Provider if this Agreement is terminated with respect to the Site as contemplated in this Section 10.2 would be difficult to ascertain, and the applicable Termination Value is a reasonable approximation of the damages suffered by Provider as a result of early termination of this Agreement with respect to the Site.
Appears in 16 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
