Common use of Damages Calculation Clause in Contracts

Damages Calculation. Each Party acknowledges and agrees that: (a) the damages PacifiCorp would incur due to Seller’s delay in achieving Commercial Operation by the Scheduled Commercial Operation Date are difficult or impossible to predict with certainty; (b) it is impractical and difficult to assess actual damages in these circumstances; and, therefore,

Damages Calculation. Each Party acknowledges and agrees that: (a) the damages PacifiCorp would incur due to Seller’s delay in achieving Commercial Operation by the Scheduled Commercial Operation Date are difficult or impossible to predict with certainty; (b) it is impractical and difficult to assess actual damages in these circumstances; and, therefore,, (c) Delay Damages as agreed to by the Parties are a fair and reasonable calculation of damages and not a penalty.

Damages Calculation. Each Party acknowledges and agrees that: (a) that the damages PacifiCorp would incur due to Seller’s delay in achieving Commercial Operation by the Scheduled Commercial Operation Date are difficult or impossible to predict with certainty; (b) , and that it is impractical and difficult to assess actual damages in these circumstances; andthe circumstances stated. Except for termination damages determined in accordance with Section 11.5, therefore,the Parties agree that Delay Damages are PacifiCorp’s exclusive remedy for a delay in achieving Commercial Operation and believe that Delay Damages fairly represent actual damages.