Examples of Operation Security in a sentence
Seller shall maintain the Development Security until either: (i) the Commercial Operation Date is achieved and Seller posts the Operation Security pursuant to Section 5.5(b); or (ii) until Buyer is required to return the Development Security under Section 5.5(c), and provided that Seller shall have no replenishment obligation with regard to the Development Security.
If Seller fails following ten (10) Business Days’ Notice from Buyer to pay Buyer the GEP Shortfall Damages within sixty (60) days after the end of the GEP Shortfall Makeup Period, Buyer shall have the right to immediately draw the applicable amount of GEP Shortfall Damages owed to Buyer from the Operation Security.
For avoidance of doubt, (a) the limit on Seller’s obligation to replenish the Operation Security shall not be construed as a cap on Seller’s liability under the Agreement; and (b) the amount of any draw permitted prior to the Commercial Operation Date shall be subject to Section 13.7 and the limitation that Seller liability for the period prior to the Commercial Operation Date shall not exceed the Maximum Pre-COD Liability.