Damages for BPDB Delay Clause Samples

Damages for BPDB Delay. Should BPDB defer any Commercial Operation Test beyond ten (10) Days form the date on which the tests were originally scheduled pursuant to Section 7.1.1 (b) and such failure results in a delay in the Commercial Operations Date, then the Required Commercial Operations Date shall be extended on a Day-for-Day basis by the number of Days that the testing was deferred (such number of Days to be hereinafter referred to as “the Testing Delay Duration”).

Damages for BPDB Delay. (a) Should BPDB defer any Commercial Operations Test beyond ten (10) Days from the date on which the tests were originally scheduled and such failure results in a delay in the then-prevailing Scheduled Commercial Operations Date, then either Party may, by notice to the other Party, require the formation of the Testing and Commissioning Committee and, provided that the Certification Date has occurred: (i) the Required Commercial Operations Date shall be extended on a Day-for-Day basis by the number of Days that the testing was deferred (such number of Days to be hereinafter referred to as the “Testing Delay Duration”); and (ii) from and after the Scheduled Commercial Operations Date prevailing on the Certification Date, BPDB shall pay to the Company each Month (and pro rated for any portion of a Month) an amount equal to the Carrying Cost plus fifty percent (50%) of the Escalable Capacity Payment that would have been due and payable had the Commercial Operations Date occurred on the Scheduled Commercial Operations Date prevailing on the Certification Date to the Company from BPDB computed based on the assumption that Dependable Capacity equals the Contracted Facility Capacity (and such amount to be adjusted for exchange rate changes and inflation to the date of payment on the same basis as is set out in Section 13 applied mutatis mutandis). In addition, BPDB shall pay to the Company, within twenty-five (25) Days of demand by the Company, which demand shall not be delivered to BPDB more than twenty-seven (27) Days prior to the date or dates upon which the corresponding principal repayments that are then due and payable from the Company to the Lenders under the terms of the Financing Documents, an amount equal to the principal repayments required to be paid by the Company to the Lenders under the Financing Documents which are deemed to have accrued during the period beginning on and including the Scheduled Commercial Operations Date prevailing on the Certification Date and continuing for a period equal in length to the duration of the Testing Delay Duration. For the purpose of this Section 7.5, principal payments under the Financing Documents shall be deemed to accrue on a daily basis in accordance with the following formula: WHERE: A = the amount of principal deemed to accrue on the relevant Day; R = the total amount of principal to be repaid by the Company on the next scheduled principal repayment date after the relevant Day under the Financing Documents; a...

Damages for BPDB Delay. (a) Should BPDB defer any Commercial Operations Test beyond ten (10) Days from the date on which the tests were originally scheduled and such failure results in a delay in the then-prevailing Scheduled Commercial Operations Date, then either Party may, by notice to the other Party, require the formation of the Testing and Commissioning Committee and, provided that the Certification Date has occurred: (i) the Required Commercial Operations Date shall be extended on a Day-for-Day basis by the number of Days that the testing was deferred (such number of Days to be hereinafter referred to as the “Testing Delay Duration”); and