Common use of Delay Damages Clause in Contracts

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. (a) If the Commercial Operation Date is not achieved by the Guaranteed Delivery Term Start Commercial Operation Date (as extended pursuant to Sections 3.1(c) through 3.1(f)and 10.1), Seller shall pay to Buyer damages for each day from and after such date in an amount equal to to, $100 40,000 (which equals $100.00 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 Amount, and which amount will be increased if necessary to reflect the Proposed Facility Size as set forth in the amount of $36,400 per dayFinal Proposed Facility Size Notice), commencing on the Guaranteed Delivery Term Start Commercial Operation Date (as extended pursuant to Sections 3.1(c) through 3.1(f)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, and (iii) the date that is twelveor