Use of Project Development Security. Buyer shall be entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages until such time as the Project Development Security is exhausted. Buyer shall also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination Date.
Appears in 17 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
Use of Project Development Security. Buyer shall be entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages until such time as the Project Development Security is exhausted. Buyer shall also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination Date.
Appears in 10 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Use of Project Development Security. Buyer shall be entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages until such time as the Project Development Security is exhausted. Buyer shall also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination Date.
Appears in 9 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Use of Project Development Security. Buyer shall be is entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages in accordance with Section 2.4(a) until such time as the Project Development Security is exhausted. Buyer shall is also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination DateDate in accordance with Section 7.2(b).
Appears in 4 contracts
Samples: Capacity Storage Agreement, Capacity Storage Agreement, Capacity Storage Agreement
Use of Project Development Security. Buyer shall be entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages until such time as the Project Development Security is exhausted. Buyer shall also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination Date.
Appears in 4 contracts
Samples: Master Power Purchase and Sale Agreement, Master Power Purchase and Sale Agreement, Master Power Purchase and Sale Agreement
Use of Project Development Security. Buyer shall be is entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages in accordance with Section (a) until such time as the Project Development Security is exhausted. Buyer shall Xxxxx is also be entitled to draw upon the Project Development Security for any damages arising upon BuyerXxxxx’s declaration of an Early Termination DateDate in accordance with Section (b).
Appears in 4 contracts
Samples: Cpe Resource Adequacy Agreement, Cpe Resource Adequacy Agreement, Cpe Resource Adequacy Agreement
Use of Project Development Security. Buyer shall be is entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages in accordance with Article One until such time as the Project Development Security is exhausted. Buyer shall also be is entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination DateDate in accordance with Section 7.2(b).
Appears in 3 contracts
Samples: Distribution Services Agreement, Distribution Services Agreement, Distribution Services Agreement
Use of Project Development Security. Buyer shall be is entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages in accordance with Section 13.2(a) until such time as the Project Development Security is exhausted. Buyer shall is also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination DateDate in accordance with Section 4.2(b).
Appears in 2 contracts
Use of Project Development Security. Buyer shall be entitled to draw upon the [Project Development Security Security] posted by Seller for Daily Delay Damages until such time as the [Project Development Security Security] is exhausted. Buyer shall also be entitled to draw upon the [Project Development Security Security] for any damages damages, including the Damage Payment, arising upon Buyer’s declaration of an Early Termination Date.
Appears in 1 contract
Samples: Power Purchase Agreement
Use of Project Development Security. Buyer shall be entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages until such time as the Project Development Security is exhausted. Buyer shall also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination DateDate or a reduction in Contract Capacity by Seller in accordance with Section 3.9(c)(iv)(C).
Appears in 1 contract
Samples: Power Purchase Agreement
Use of Project Development Security. Buyer shall be entitled to draw upon the [Project Development Security Security] posted by Seller for Daily Delay Damages until such time as the [Project Development Security Security] is exhausted. Buyer shall also be entitled to draw upon the [Project Development Security Security] for any damages arising upon BuyerXxxxx’s declaration of an Early Termination Date.
Appears in 1 contract
Samples: Power Purchase Agreement
Use of Project Development Security. Buyer shall be is entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages in accordance with Section (a) until such time as the Project Development Security is exhausted. Buyer shall is also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination DateDate in accordance with Section (b).
Appears in 1 contract
Samples: Cpe Resource Adequacy Agreement
Use of Project Development Security. Buyer shall be entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages until such time as the Project Development Security is exhausted. Buyer shall also be entitled to draw upon the Project Development Security for Partial Completion Damages and any damages arising upon Buyer’s declaration of an Early Termination Date.
Appears in 1 contract
Samples: Power Purchase Agreement
Use of Project Development Security. Buyer shall be entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages until such time as the Project Development Security is exhausted. Buyer shall also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination Date prior to the Commercial Operation Date, with such damages limited to the posted Project Development Security.
Appears in 1 contract
Samples: Power Purchase and Sale Agreement
Use of Project Development Security. Buyer shall be entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages until such time as $ [insert dollar amount equal to $100/kw] of the Project Development Security is exhausted. Buyer shall also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination Date.
Appears in 1 contract
Samples: Power Purchase Agreement