Common use of Delay Damages Clause in Contracts

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. 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 CPE may draw such amounts due from the Project Development Security, provided that if the Project Development Security is not adequate to compensate CPE for Delay Damages, CPE shall invoice Provider for the amount still 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. If Provider Seller has not achieved the Initial Shown Delivery Date as of the Expected Initial Shown Delivery Date for reasons other than an extension due to a Force Majeure event affecting the Projectin accordance with Article Eight, then for every calendar month beginning with the calendar month of the Expected Initial Shown Delivery Date through and including the calendar month prior to that calendar month in which when the Initial Shown Delivery Date occurs, Provider Seller shall pay to CPE Buyer liquidated damages in the amount of twenty forty thousand dollars per MW per calendar month ($20,000.0040,000/MW per calendar month); all or any portion of such damages are “Delay Damages”. If Delay Damages are due, then CPE Buyer shall provide Notice to Provider 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 the Delay Damages, Buyer shall invoice Provider Seller for the amount still owed to CPE Buyer on a monthly basis during the period of the delay. Each Party agrees that (i) the damages that CPE Buyer would incur due to ProviderSeller’s delay in achieving the Expected Initial Shown 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. If Provider Seller has not achieved the Initial Shown Delivery Date as of the Expected Initial Shown Delivery Date for reasons other than an extension due to a Force Majeure event [affecting the ProjectProject]6, then for every calendar month beginning with the calendar month of the Expected Initial Shown Delivery Date through and including the calendar month prior to that calendar month in which when the Initial Shown Delivery Date occurs, Provider Seller shall pay to CPE Buyer liquidated damages in the amount of twenty thousand dollars per MW per calendar month ($20,000.0020,000/MW per calendar month); all or any portion of such damages are “Delay Damages”. If Delay Damages are due, then CPE Buyer shall provide Notice to Provider Seller of the amounts due and Buyer may draw such amounts due from the Delivery Term Security, provided that if the Delivery Term Security is not adequate to compensate Buyer for the Delay Damages, Buyer shall invoice Provider Seller for the amount still owed to CPE Buyer on a monthly basis during the period of the delay. Each Party agrees that (i) the damages that CPE Xxxxx would incur due to ProviderSeller’s delay in achieving the Expected Initial Shown 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. If Provider Seller has not achieved the Initial Shown Delivery Date as of the Expected Initial Shown Delivery Date for reasons other than an extension due to a Force Majeure event affecting the Projectextension, then for every calendar month day beginning with the calendar month of day after the Expected Initial Shown Delivery Date through and including the calendar month prior to that calendar month in date on which the Initial Shown Delivery Date occurs, Provider Seller shall pay to CPE Buyer liquidated damages in the amount of twenty thousand dollars [Insert dollar amount equal to the Project Development Security divided by 60]dollars per MW per calendar month day ($20,000.00$ .00/MW per calendar month)day) multiplied by the Payment Quantity; all or any portion of such damages are “Delay Damages”. If Delay Damages are due, then CPE Buyer shall provide Notice to Provider 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 Provider Seller for the amount still owed to CPE Buyer on a monthly basis during the period of the delay. Each Party agrees that (i) the damages that CPE Buyer would incur due to ProviderSeller’s delay in achieving the Expected Initial Shown 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. If Provider Seller has not achieved the Initial Shown Delivery Date as of the Expected Initial Shown Delivery Date for reasons other than an extension due to a Force Majeure event affecting the Projectextension, then for every calendar month day beginning with the calendar month of day after the Expected Initial Shown Delivery Date through and including the calendar month prior to that calendar month in date on which the Initial Shown Delivery Date occurs, Provider Seller shall pay to CPE Buyer liquidated damages in the amount of twenty thousand dollars [Insert dollar amount equal to the Project Development Security divided by 60]dollars per MW per calendar month day ($20,000.00/MW ______/MW per calendar month)day) multiplied by the Payment Quantity; all or any portion of such damages are “Delay Damages”. If Delay Damages are due, then CPE Buyer shall provide Notice to Provider 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 Provider Seller for the amount still owed to CPE Buyer on a monthly basis during the period of the delay. Each Party agrees that (i) the damages that CPE Xxxxx would incur due to ProviderSeller’s delay in achieving the Expected Initial Shown 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. If Provider Seller has not achieved the Initial Shown Delivery Date as of the Expected Initial Shown Delivery Date for reasons other than an extension due to a Force Majeure event affecting the Projectextension, then for every calendar month day beginning with the calendar month of day after the Expected Initial Shown Delivery Date through and including the calendar month prior to that calendar month in date on which the Initial Shown Delivery Date occurs, Provider Seller shall pay to CPE Buyer liquidated damages in the amount of twenty thousand dollars [Insert dollar amount equal to the Project Development Security divided by 60]dollars per MW per calendar month day ($20,000.00/MW $ /MW per calendar month)day) multiplied by the Payment Quantity; all or any portion of such damages are “Delay Damages”. If Delay Damages are due, then CPE Buyer shall provide Notice to Provider 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 Provider Seller for the amount still owed to CPE Buyer on a monthly basis during the period of the delay. Each Party agrees that (i) the damages that CPE Xxxxx would incur due to ProviderSeller’s delay in achieving the Expected Initial Shown Delivery Date would be difficult or impossible to predict with certainty and (ii) the Delay Damages are an appropriate approximation of such damages.