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 the Commercial Operation Date by the Scheduled Commercial Operation Date (as such date may be adjusted pursuant to Section 2.2.1) 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. Except in the case of an Event of Default pursuant to Section 11.1.2(b), Delay Damages shall be PacifiCorp’s sole remedy for Seller’s failure to achieve the Commercial Operation Date by the Scheduled Commercial Operation Date.

Damages Calculation. Each Party acknowledges and agrees that: (a) the damages PacifiCorp would incur due to Seller’s delay in achieving the Commercial Operation Date by the Scheduled Commercial Operation Date (as such date may be adjusted pursuant to Section 2.2.1) 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. Except in the case of an Event of Default pursuant to Section 11.1.2(b), Delay Damages shall be PacifiCorp’s sole remedy for Seller’s failure to achieve the Commercial Operation Date by the Scheduled Commercial Operation Date.Date.‌

Damages Calculation. Each Party acknowledges and agrees that: (a) the damages PacifiCorp would incur due to Seller’s delay in achieving the Commercial Operation Date by the Scheduled Commercial Operation Date (as such date may be adjusted pursuant to Section 2.2.1) 2.2.1)‌ 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. Except in the case of an Event of Default pursuant to Section 11.1.2(b), Delay Damages shall be PacifiCorp’s sole remedy for Seller’s failure to achieve the Commercial Operation Date by the Scheduled Commercial Operation Date.