Termination Payment Prior to Commercial Operation Date Sample Clauses

Termination Payment Prior to Commercial Operation Date. If the Early Termination Date occurs before the Commercial Operation Date, then the Termination Payment shall be calculated in accordance with this Section 10.3(a).
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Termination Payment Prior to Commercial Operation Date. (A) If the termination of this Agreement due to a Seller Event of Default occurs before the Commercial Operation Date, then the Termination Payment shall be owed to Buyer and shall be calculated in accordance with Section 7.3(b)(ii).
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Termination Payment Prior to Commercial Operation Date. If the Early Termination Date occurs before the Commercial Operation Date, then the Termination Payment shall be calculated in accordance with this Section 10.3(a). If Owner is the Defaulting Party, then the Termination Payment shall be owed to CHGE and shall equal the Development Security, plus any interest accrued thereon. CHGE shall be entitled to retain all funds held as Development Security and any interest accrued thereon. There will be no amounts owed to Owner. If CHGE is the Defaulting Party, then the Termination Payment shall be owed to Owner and shall equal the sum of the actual, documented and verifiable costs incurred by Owner between the Effective Date and the Early Termination Date in connection with the Project, less the fair market value (determined in a commercially reasonable manner) of (A) the individual assets acquired by Owner for the Project, or (B) the entire Project, whichever is greater, regardless of whether or not any Owner asset or the entire Project is actually sold or disposed of.
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Termination Payment Prior to Commercial Operation Date. If the Early Termination Date occurs before the Commercial Operation Date, then the Termination Payment shall be calculated in accordance with this Section 10.3(a). If Owner is the Defaulting Party, then the Termination Payment shall be owed to RG&E and shall equal the Development Security, plus any interest accrued thereon. RG&E shall be entitled to retain all funds held as Development Security and any interest accrued thereon. There will be no amounts owed to Owner. If RG&E is the Defaulting Party, then the Termination Payment shall be owed to Owner and shall equal the sum of the actual, documented and verifiable costs incurred by Owner between the Effective Date and the Early Termination Date in connection with the Project, less the fair market value (determined in a commercially reasonable manner) of (A) the individual assets acquired by Owner for the Project, or (B) the entire Project, whichever is greater, regardless of whether or not any Owner asset or the entire Project is actually sold or disposed of.
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Termination Payment Prior to Commercial Operation Date. If the Early Termination Date occurs before the Commercial Operation Date, then the Termination Payment shall be calculated in accordance with this Section 10.3(a). If Owner is the Defaulting Party, then the Termination Payment shall be owed to NYSEG and shall equal the Development Security, plus any interest accrued thereon. NYSEG shall be entitled to retain all funds held as Development Security and any interest accrued thereon. There will be no amounts owed to Owner. If NYSEG is the Defaulting Party, then the Termination Payment shall be owed to Owner and shall equal the sum of the actual, documented and verifiable costs incurred by Owner between the Effective Date and the Early Termination Date in connection with the Project, less the fair market value (determined in a commercially reasonable manner) of (A) the individual assets acquired by Owner for the Project, or (B) the entire Project, whichever is greater, regardless of whether or not any Owner asset or the entire Project is actually sold or disposed of.
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Related to Termination Payment Prior to Commercial Operation Date

  • Transition Period Due to the nature of our purchasing process, the District often requires an existing service provider to continue to provide goods and/or services while the District is in the process of advertising, evaluating, and awarding a contract for the provision of the same goods and/or services in the future. To accommodate this process, the Contractor shall agree to maintain the same terms and conditions set forth in this Agreement for a period up to ninety (90) days after the automatic termination of this Agreement at the end of its term, if requested by the District, as a transition period. In addition, if the Contractor is not the successful bidder for a future solicitation for the same or similar services, he or she shall agree to provide the same goods and/or services provided in this Agreement for a period up to ninety (90) days to allow for an orderly transition to the new provider. The District and the Contractor may mutually agree to a longer transition period.

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