Calculation of Termination Damages. In the event of this Agreement is terminated by Company due to one or more Events of Default by Seller of this Agreement, Company shall have the right to collect liquidated damages, calculated in accordance with this Section 6.5 (Calculation of Termination Damages) (the “Termination Damages”). If the Termination Date occurs prior to COD, Company shall be entitled to Termination Damages calculated by multiplying the Contract Capacity by $50/kW. If the Termination Date occurs after COD, the Company shall be entitled to Termination Damages calculated by multiplying the Contract Capacity by $75/kW.
Appears in 9 contracts
Samples: Energy Storage Power Purchase Agreement, Energy Storage Power Purchase Agreement, Energy Storage Power Purchase Agreement
