Common use of Completion Delay Clause in Contracts

Completion Delay. (a) [ ] ---------------- [ ] (b) If any PCS System does not achieve Substantial Completion by the Guaranteed Substantial Completion Date but the Owner nonetheless chooses (in its sole discretion) to commence In Revenue Service in such incomplete PCS System (such action in no way constituting the Owner's acceptance, express or implied, of the System or such PCS System or any part thereof), then the Vendor will be required to pay, on a daily basis, only that percentage of the daily Late Completion Payment equal to that percentage of the geographic area to be otherwise covered by such PCS System not otherwise placed in In Revenue Service by the Owner. (c) In the event of a change in the Contract Price pursuant to subsections 6.2, 7.3 or 27.16 during the Term of this Contract from the amount originally set forth in this Contract pursuant to Section 6 the per diem amount of Late Completion Payments set forth above will be increased or decreased, as appropriate, by an amount equal to the increase or decrease in the Owner's per diem interest payment obligation resulting from any change in the amount of debt incurred or to be incurred by the Owner related to such change in the Contract Price. (d) Late Completion Payments, including any portions of such payments payable in accordance with paragraphs (a) and (b) above, will be accrued during the Completion Cure Period and offset against payments otherwise due to the Vendor upon the achievement of Substantial Completion pursuant to the terms of subsection 6.

Completion Delay. (a) [ ] ---------------- 70 [ ] (b) If any PCS System does not achieve Substantial Completion by the Guaranteed Substantial Completion Date but the Owner nonetheless chooses (in its sole discretion) to commence In Revenue Service in such incomplete PCS System (such action in no way constituting the Owner's acceptance, express or implied, of the System or such PCS System or any part thereof), then the Vendor will be required to pay, on a daily basis, only that percentage of the daily Late Completion Payment equal to that percentage of the geographic area to be otherwise covered by such PCS System not otherwise placed in In Revenue Service by the Owner. (c) In the event of a change in the Product Contract Price pursuant to subsections 6.2, 7.3 7.2 or 27.16 or Section 26 during the Term of this Contract from the amount originally set forth in this Contract pursuant to Section 6 the per diem amount of Late Completion Payments set forth above will be increased or decreased, as appropriate, by an amount equal to the increase or decrease in the Owner's per diem interest payment obligation resulting from any change in the amount of debt incurred or to be incurred by the Owner related to such change in the Product Contract Price. (d) Late Completion Payments, including any portions of such payments payable in accordance with paragraphs (a) and (b) above, will be accrued during the Completion Cure Period and offset against payments otherwise due to the Vendor upon the achievement of Substantial Completion pursuant to the terms of subsection 6.