If, upon the expiration of the Milestone Date Delay LD Period, Seller has not achieved such missed Milestone Date, Company shall have the right, notwithstanding any other provision of this Agreement to the contrary, to terminate this Agreement with immediate effect by declaring an Event of Default pursuant to Section 8.1(A)(3) (Default by Seller) and issuing a written termination notice to Seller pursuant to Section 8.2(B) (Right to Terminate). If this Agreement is terminated by Company pursuant to this Section 2.4(A)(1)(c) (Termination and Pre-COD Termination Damages), Company shall have the right to collect Pre-COD Termination Damages, as provided in Section 9.3(A) (Pre-COD Termination Damages) of this Agreement. Unless and until Seller substantially completes each Guaranteed Milestone to the reasonable satisfaction of Company, Seller shall not be deemed to have achieved the Commercial Operation Date.