Daily Delay Damages. If a Guaranteed Project Milestone (other than Commercial Operations) has not been achieved by the applicable Guaranteed Project Milestone Date as extended as provided in Section 13.3 (Guaranteed Project and Reporting Milestone Dates), Company shall collect and Seller shall pay liquidated damages in the amount of $______ for each Day ("Daily Delay Damages") following the applicable Guaranteed Project Milestone Date, as extended in accordance with Section 13.3 (Guaranteed Project and Reporting Milestone Dates); provided, however, that the number of Days for which Company shall collect and Seller shall pay Daily Delay Damages for a failure to achieve a Guaranteed Project Milestone by the Guaranteed Project Milestone Date shall not exceed sixty (60) Days for each such missed Guaranteed Project Milestone Date (the "Construction Xxxxx XX Period"). [Note: Contract Capacity x $50/kW ÷ 180 Days = Daily Delay Damages.] If the Commercial Operations Date has not been achieved by the Guaranteed Commercial Operations Date as extended as provided in Section 13.3 (Guaranteed Project and Reporting Milestone Dates), in addition to any Daily Delay Damages collected pursuant to Section 13.4(a)(1), Company shall collect and Seller shall pay Daily Delay Damages following the Guaranteed Commercial Operations Date, as such date may be extended in accordance with Section 13.3 (Guaranteed Project and Reporting Milestone Dates), provided that the number of Days for which Company shall collect and Seller shall pay Daily Delay Damages for failing to achieve the Guaranteed Commercial Operations Date shall not exceed one hundred eighty (180) Days (the "COD Xxxxx XX Period").
Daily Delay Damages. Seller shall cause the Commercial Operation Date to occur on or before the Guaranteed Commercial Operation Date but no earlier than [? months] prior to the Guaranteed Commercial Operation Date. If the Commercial Operation Date does not occur on or before the Guaranteed Commercial Operation Date, to compensate Buyer for the failure to provide Contract Capacity from the Facility, Seller shall pay Buyer delay damages equal to the Daily Delay Damages times Contract Capacity for each Day or portion of a Day until that Day that the Commercial Operation Date occurs from and after the Guaranteed Commercial Operation Date. Each Party agrees and acknowledges that (a) the damages that Buyer would incur for the failure to provide energy from the Facility due to delay in achieving the Commercial Operation Date on or before the Guaranteed Commercial Operation Date would be difficult or impossible to predict with certainty, and (b) the Daily Delay Damages mechanism is an appropriate approximation of such damages. This Section 2.3 shall not limit the amount of damages payable to Buyer if this Agreement is terminated as a result of Seller’s failure to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date and any such damages shall be determined in accordance with Section 10.7. In addition, this Section 2.3 shall not limit the damages payable to Buyer for matters resulting from delay in achieving the Commercial Operation Date other then the failure to provide energy from the Facility.
Daily Delay Damages. “Daily Delay Damages” shall have the definition set forth in the Power Purchase Agreement.
Daily Delay Damages. If Seller has not satisfied the conditions set forth in Section 2.04 for the Initial Delivery Date of the Project by the Expected Initial Delivery Date, Seller shall owe and pay to SCE the Daily Delay Damages for each day of delay beyond the Expected Initial Delivery Date up to the number of remaining days until [Insert date that is three hundred sixty-five (365) days after the Expected Initial Delivery Date]. SCE shall be entitled to recover the Daily Delay Damages owed by Seller by drawing on and/or retaining any Delivery Date Security.
Daily Delay Damages. If Seller has not satisfied the conditions precedent for the Initial Delivery Date of the Project by the applicable Guaranteed Initial Delivery Date, Seller shall owe to Buyer the applicable Daily Delay Damages for each day of delay, up to a maximum of one hundred and eighty (180) days of delay (the “Cure Period”). Buyer shall be entitled to recover the Daily Delay Damages owed by Seller from the Construction Period Security held by Buyer. Each Party agrees and acknowledges that (a) the actual damages that Buyer would incur due to a delay in achieving the Initial Delivery Date on or before the Guaranteed Initial Delivery Date would be difficult or impossible to predict with certainty, (b) the Daily Delay Damages set forth in this section are a reasonable and appropriate approximation of such damages, and (c) the Daily Delay Damages set forth in this section are the exclusive remedy for Seller’s delay in achieving the Initial Delivery Date on or before the Guaranteed Initial Delivery Date but shall not otherwise act to limit any of Buyer’s rights or remedies arising from any other Event of Default by Seller, including, without limitation, the failure by Seller to achieve the Initial Delivery Date altogether.
Daily Delay Damages. If Seller has not satisfied the conditions set forth in Section 2.04 for the Initial Delivery Date of the Project by the Expected Initial Delivery Date, Seller shall owe and pay to SDG&E the Daily Delay Damages for each day of delay beyond the Expected Initial Delivery Date up to the number of remaining days until the Initial Delivery Deadline as follows: Seller shall, at the earliest possible time, but no later than 6 a.m. on the Business Day ten (10) days prior to the Expected Initial Delivery Date, provide SDG&E with Notice of the delay along with Seller’s estimate of the date on which it will satisfy all such conditions (the “Revised Initial Delivery Date”) and its payment of Daily Delay Damages for the period from and including the Expected Initial Delivery Date to but excluding the Revised Initial Delivery Date. If Seller has not satisfied the conditions set forth in Section 2.04 for the Initial Delivery Date of the Project by the Revised Initial Delivery Date, Seller may provide Notices of further estimated delays and payments of Daily Delay Damages subject to the same terms in the preceding sentence. The Daily Delay Damages payments are nonrefundable. Seller will be entitled to a refund (without interest) of any estimated Daily Delay Damages payments paid by Seller which exceed the amount required to cover the number of days by which the date on which Seller actually satisfied the conditions set forth in Section 2.04 for the Initial Delivery Date exceeded the applicable Revised Initial Delivery Date. If Seller fails to pay SDG&E the Daily Delay Damages when due, SDG&E shall be entitled to recover the Daily Delay Damages owed by Seller by drawing on and/or retaining any Construction Period Security.
Daily Delay Damages. (i) If a Guaranteed Project Milestone (other than Commercial Operations) has not been achieved by the applicable Guaranteed Project Milestone Date, as extended as provided in Section 11.4 (Milestone Dates), Company shall collect and Seller shall pay liquidated damages in the amount of $ (“Daily Delay Damages”) for each Day following the applicable Guaranteed Project Milestone Date, as extended in accordance with Section 11.4 (Milestone Dates); provided, however, that the number of Days for which Company shall collect and Seller shall pay Daily Delay Damages for a failure to achieve a Guaranteed Project Milestone by the Guaranteed Project Milestone Date shall not exceed sixty (60) Days for each such missed Guaranteed Project Milestone Date (the “Construction Xxxxx XX Period”). [Note: Daily Delay Damages = Contract Capacity x $50/kW ÷ 180 Days]
Daily Delay Damages. COD. Seller shall cause the Project to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date; provided, however, that the Commercial Operation Date shall not occur more than one hundred eighty (180) days prior to the Guaranteed Commercial Operation Date. [
Daily Delay Damages. (1) If a Guaranteed Project Milestone (other than Commercial Operations) has not been achieved by the applicable Guaranteed Project Milestone Date as extended as provided in Section 13.3 (Guaranteed Project and Reporting Milestone Dates), Company shall collect and Subscriber Organization shall pay liquidated damages in the amount of $ for each Day ("Daily Delay Damages") following the applicable Guaranteed Project Milestone Date, as extended in accordance with Section 13.3 (Guaranteed Project and Reporting Milestone Dates); provided, however, that the number of Days for which Company shall collect and Subscriber Organization shall pay Daily Delay Damages for a failure to achieve a Guaranteed Project Milestone by the Guaranteed Project Milestone Date shall not exceed sixty (60) Days for each such missed Guaranteed Project Milestone Date (the "Construction Xxxxx XX Period"). [Note: Contract Capacity x $50/kW ÷ 180 Days = Daily Delay Damages.]
Daily Delay Damages. If the Commercial Operations Date has not been achieved by the later of the Guaranteed Commercial Operations Date or the expiration of any applicable grace period provided in Section 13.3 (Guaranteed Project Milestone Dates), Company shall collect and Seller shall pay liquidated damages in the amount of $______ for each Day ("Daily Delay Damages") following the Guaranteed Commercial Operations Date or (if applicable) the expiration of such grace period that Seller fails to achieve the Commercial Operations Date, provided that the number of Days for which Company shall collect and Seller shall pay Daily Delay Damages shall not exceed one hundred eighty (180) Days. [Note: Contract Capacity x $50/kW ÷ 180 Days = Daily Delay Damages.]
