Common use of Transmission Service Agreement Clause in Contracts

Transmission Service Agreement. (a) Seller may terminate this Agreement in the event that the TSA is terminated for any reason other than a default by Buyer under the TSA, which is also an Event of Default by Buyer under Section 9.1(f)(ii) or (iii) of this Agreement. Unless the TSA is terminated (x) prior to the Commercial Operation Date pursuant to Section 3.3.3(a) or 3.3.5 of the TSA or (y) due to a Non-Excused Outage under the TSA, subject to the return of Credit Support as provided in Section 6.3, such termination of this Agreement by Seller shall be without liability under this Agreement. If the TSA is terminated prior to the Commercial Operation Date pursuant to Section 3.3.3(a) or 3.3.5 of the TSA, then upon Seller’s termination of this Agreement under this Section 8.3(a), Seller shall pay Buyer the Termination Payment calculated in accordance with Section 9.3(b)(ii)(B). If the termination of the TSA occurs on or after the Commercial Operation Date due to a Non-Excused Outage under the TSA, then upon Seller’s termination of this Agreement under this Section 8.3(a), Seller shall pay Buyer the Termination Payment in accordance with Section 9.3(b)(iv)(B). Nothing herein shall be construed as a waiver or modification of any rights or remedies of Buyer under the TSA. (b) Buyer may terminate this Agreement in the event that the TSA is terminated for any reason other than a default by Buyer under the TSA which is also an Event of Default by Buyer under Section 9.1(f)(ii) or (iii) of this Agreement. In the event that Buyer terminates this Agreement under this Section 8.3(b), subject to the return of Credit Support as provided in Section 6.3, termination pursuant to this Section 8.3(b) shall be without liability under this Agreement. For the avoidance of doubt, Buyer’s right to terminate this Agreement under this Section 8.3(b) shall be without limitation of any right that Buyer may have to terminate this Agreement due to an Event of Default by Seller under Section 9.2 of this Agreement. (c) If either Buyer or Seller elects to terminate this Agreement as a result of a termination of the TSA as provided in this Section 8.3, such Party will give the other Party at least one hundred eighty (180) days advance written notice of such termination; provided, however, that during any such notice period this Agreement shall remain in full force and effect.

Transmission Service Agreement. (a) Seller may terminate this Agreement in the event that the TSA is terminated for any reason other than a default by Buyer under the TSA, which is also an Event of Default by Buyer under Section 9.1(f)(ii) or (iii) of this Agreement. Unless the TSA is terminated (x) prior to the Commercial Operation Date pursuant to Section 3.3.3(a) or 3.3.5 of the TSA or (y) due to a Non-Excused Outage under the TSA, subject to the return of Credit Support as provided in Section 6.36.8, such termination of this Agreement by Seller shall be without liability under this Agreement. If the TSA is terminated prior to the Commercial Operation Date pursuant to Section 3.3.3(a) or 3.3.5 of the TSA, then upon Seller’s termination of this Agreement under this Section 8.3(a), Seller shall pay Buyer the Termination Payment calculated in accordance with Section 9.3(b)(ii)(B). If the termination of the TSA occurs on or after the Commercial Operation Date due to a Non-Excused Outage under the TSA, then upon Seller’s termination of this Agreement under this Section 8.3(a), Seller shall pay Buyer the Termination Payment in accordance with Section 9.3(b)(iv)(B). Nothing herein shall be construed as a waiver or modification of any rights or remedies of Buyer under the TSA. (b) Buyer may terminate this Agreement in the event that the TSA is terminated for any reason other than a default by Buyer under the TSA which is also an Event of Default by Buyer under Section 9.1(f)(ii) or (iii) of this Agreement. In the event that Buyer terminates this Agreement under this Section 8.3(b), subject to the return of Credit Support as provided in Section 6.36.8, termination pursuant to this Section 8.3(b) shall be without liability under this Agreement. For the avoidance of doubt, Buyer’s right to terminate this Agreement under this Section 8.3(b) shall be without limitation of any right that Buyer may have to terminate this Agreement due to an Event of Default by Seller under Section 9.2 of this Agreement. (c) If either Buyer or Seller elects to terminate this Agreement as a result of a termination of the TSA as provided in this Section 8.3, such Party will give the other Party at least one hundred eighty (180) days advance written notice of such termination; provided, however, that during any such notice period this Agreement shall remain in full force and effect.