Delay Damages. If the Commercial Operation Date is not achieved by the date set forth therefor in Section 3.1(a) (as extended pursuant to Section 3.1(c)), Seller shall pay to Buyer damages for each month from and after such date until the Commercial Operation Date at the rate of $1.50 per kwh of Contract Maximum Amount up to a maximum of twelve (12) months of delay, pro rated for partial months (“Delay Damages”). Delay Damages shall be due under this Section 3.2(a) without regard to whether Buyer exercises its right to terminate this Agreement pursuant to Section 9.3; provided, however, that if Buyer exercises its right to terminate this Agreement under Section 9.3, Delay Damages shall be due and owing to the extent that such Delay Damages were due and owing at the date of such termination. If the Facility has not achieved the Commercial Operation by the date set forth therefor in Section 3.1(a) (as the same may be extended in accordance with Section 3.1(c)), for any reason, Seller shall have the right to terminate this Agreement at any time after that deadline date (as so extended) until either the Facility achieves the Commercial Operation Date or Buyer terminates this Agreement under Section 9.3 (regardless of whether or not Seller elected to continue to construct the Project). In the event Seller so terminates this Agreement, Seller shall be liable to Buyer on the date of such termination for (x) the entire amount of Delay Damages that would otherwise accrue (or have accrued) by such date plus (y) the undrawn amount of any Development Period Security provided to Buyer by Seller; provided, however, that if Seller terminates this Agreement on the deadline set forth for the Commercial Operation Date in Section 3.1(a) (as the same may be extended in accordance with Section 3.1(c)), Seller shall not be required to pay any Delay Damages hereunder but shall forfeit the Development Period Security. Subject to the foregoing sentence, neither Party shall have any liability to the other Party with respect to a termination of this Agreement by Seller under this Section 3.2(b). Each Party agrees and acknowledges that (i) the damages that Buyer would incur due to Seller’s delay in achieving the Commercial Operation Date would be difficult or impossible to predict with certainty, and (ii) it is impractical and difficult to assess actual damages in the circumstances stated, and therefore the Delay Damages and other damages as agreed to by the Parties and set forth herein are a fair ...
Delay Damages. If Seller has not achieved the Initial Delivery Date as of the Expected Initial Delivery Date for reasons other than a Force Majeure extension, then for every day beginning with the day after the Expected Initial Delivery Date through and including the date on which the Initial Delivery Date occurs, Seller shall pay to Buyer liquidated damages in the amount of six hundred sixty-six dollars and sixty-seven cents per MW per day ($666.67/MW per day); all or any portion of such damages are “Delay Damages”. If Delay Damages are due, then Buyer shall provide Notice to Seller of the amounts due and Buyer may draw such amounts due from the Project Development Security, provided that if the Project Development Security is not adequate to compensate Buyer for Delay Damages, Buyer shall invoice Seller for the amount still owed to Buyer on a monthly basis during the period of the delay. Each Party agrees that (i) the damages that Xxxxx would incur due to Seller’s delay in achieving the Expected Initial Delivery Date would be difficult or impossible to predict with certainty and (ii) the Delay Damages are an appropriate approximation of such damages.
Delay Damages. (a) If the Commercial Operation Date is not achieved by the Guaranteed Commercial Operation Date (as extended pursuant to Sections 3.1(c) -(d) and 10.1), Seller shall pay to Buyer damages for each day from and after such date in an amount equal to $221.70 per day, commencing on the Guaranteed Commercial Operation Date (as extended pursuant to Sections 3.1(c)-(d) and 10.1) and ending on the earlier of (i) the Commercial Operation Date, (ii) the date that Buyer exercises its right to terminate this Agreement under Section 9.3, or (iii) the date that is twelve (12) months after the Guaranteed Commercial Operation Date (“Delay Damages”). Delay Damages shall be due under this Section 3.2(a) without regard to whether Buyer exercises its right to terminate this Agreement pursuant to Section 9.3; provided, however, that if Buyer exercises its right to terminate this Agreement under Section 9.3, Delay Damages shall be due and owing to the extent that such Delay Damages were due and owing at the date of such termination.
Delay Damages. The Contractor shall not make any claim against the Owner for an increase in the Contract Amount, or for any damages, losses or additional expenses which the Contractor may suffer as a result of any delay in the completion of the Work (regardless of the circumstances giving rise to the delay), with the exception of the following:
Delay Damages. If Provider has not achieved the Initial Shown Date as of the Expected Initial Shown Date for reasons other than an extension due to a Force Majeure event affecting the Project, then for every calendar month beginning with the calendar month of the Expected Initial Shown Date through and including the calendar month prior to that calendar month in which the Initial Shown Date occurs, Provider shall pay to CPE liquidated damages in the amount of twenty thousand dollars per MW per calendar month ($20,000.00/MW per calendar month); all or any portion of such damages are “Delay Damages”. If Delay Damages are due, then CPE shall provide Notice to Provider of the amounts due and shall invoice Provider for the amount owed to CPE on a monthly basis during the period of the delay. Each Party agrees that (i) the damages that CPE would incur due to Provider’s delay in achieving the Expected Initial Shown Date would be difficult or impossible to predict with certainty and (ii) the Delay Damages are an appropriate approximation of such damages.
Delay Damages. (a) If the Commercial Operation Date is not achieved by the Guaranteed Delivery Term Start Date (as extended pursuant to Sections 3.1(c) through 3.1(f)), Seller shall pay to Buyer damages for each day from and after such date in an amount equal to $100 per MWh per hour of Contract Maximum Amount (e.g., if the Contract Maximum Amount were 364 MWh per hour Seller would pay Buyer damages in the amount of $36,400 per day), commencing on the Guaranteed Delivery Term Start Date (as extended pursuant to Sections 3.1(c) through 3.1(f)) and ending on the earlier of (i) the Commercial Operation Date, (ii) the date that Buyer exercises its right to terminate this Agreement under Section 9.3, and (iii) the date that is twelve
Delay Damages. 2.3.1 If Commercial Operation is not achieved on or before the Scheduled Commercial Operation Date, then: (a) Seller shall pay to PacifiCorp Delay Damages from and after the Scheduled Commercial Operation Date up to, but not including, the earlier of: (i) the date this Agreement is terminated in accordance with its terms; and (ii) the date that the Facility achieves Commercial Operation; and (b) PacifiCorp may terminate this Agreement pursuant to Section 11.
Delay Damages. (a) If the Commercial Operation Date is not achieved by the date set forth therefor in Section 3.1(a) (as extended pursuant to Section 3.1(c)), Seller shall pay to Buyer damages for each month from and after such date until the Commercial Operation Date at the rate of per month up to a maximum of twelve (12) months of delay, pro rated for partial months (“Delay Damages”). Delay Damages shall be due under this Section 3.2(a) without regard to whether Buyer exercises its right to terminate this Agreement pursuant to Section 9.3; provided, however, that if Buyer exercises its right to terminate this Agreement under Section 9.3, Delay Damages shall be due and owing to the extent that such Delay Damages were due and owing at the date of such termination.
Delay Damages. If the Contractor neglects, fails, or refuses to complete the Work within the time specified for Substantial Completion in this Agreement, then the Contractor does hereby agree to pay to the Owner, as liquidated damages (“Delay Liquidated Damages”) and not as a penalty, the sum of one half of one percent (0.5%) of the Agreement Sum per day for each calendar day beyond the Substantial Completion Date in this Agreement until Substantial Completion is achieved. The said amount is fixed and agreed on by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the true value of the damages which the Owner will sustain by failure of the Contractor to complete the Work on time, such as loss of revenue, service charges, interest charges, delays caused to other construction activities of Owner by failure to perform this Contract, and other damages, some of which are indefinite and not susceptible of easy proof. The Delay Liquidated Damages amount is agreed to be a reasonable estimate of the amount of damages which the Owner will sustain and said amount shall be deducted from any monies due or that may become due to the Contractor. If monies owed to Contractor under this Agreement are insufficient to cover said Delay Liquidated Damages, then the Contractor shall pay the amount of the difference.
Delay Damages. If Commercial Operation is not achieved on or before the Scheduled Commercial Operation Date, Seller shall pay Delay Damages to PGE from and after the Scheduled Commercial Operation Date up to, but not including, the earlier date to occur of (a) the Facility achieves Commercial Operation, or (b) the Guaranteed Commercial Operation Date.
