Use and Return of Performance Assurance. In the event that Seller, as the defaulting Party, fails to pay the Termination Payment in full within the time period set forth in Section 11.7, the Buyer may draw upon any Performance Assurance provided by the Seller hereunder to satisfy the unpaid portion of the Termination Payment. Upon the payment of the Termination Payment in full, any undrawn Performance Assurance shall be promptly returned to the Seller.
Appears in 4 contracts
Samples: Offer Power Purchase Agreement, Renewable Power Purchase Agreement, Renewable Power Purchase Agreement
