Common use of Delay Damages Clause in Contracts

Delay Damages. If the Commercial Operation Date is not achieved on or before the Scheduled Commercial Operation Date (as such date may be adjusted pursuant to Section 2.2.1), then Seller shall pay to PacifiCorp Delay Damages from and after the Scheduled Commercial Operation Date up to, but not including, the earlier of: (a) the date this Agreement is terminated in accordance with its terms; and (b) the Commercial Operation Date.

Delay Damages. If the Commercial Operation Date is not achieved on or before the Scheduled Commercial Operation Date (as such date may be adjusted pursuant to Section 2.2.1), then Seller shall pay to PacifiCorp Delay Damages from and after the Scheduled Commercial Operation Date up to, but not including, the earlier of: (a) the date this Agreement is terminated in accordance with its terms; and (b) the Commercial Operation Date.Date.‌

Delay Damages. If the Commercial Operation Date is not achieved on or before the Scheduled Commercial Operation Date (as such date may be adjusted pursuant to Section 2.2.1), then Seller shall will pay to PacifiCorp Delay Damages from and after the Scheduled Commercial Operation Date up to, but not including, the earlier of: (a) the date this Agreement is terminated in accordance with its terms; and (b) the Commercial Operation Date.Date.‌

Delay Damages. If the Commercial Operation Date is not achieved on or before the Scheduled Commercial Operation Date (as such date may be adjusted pursuant to Section 2.2.1), then Seller shall will pay to PacifiCorp Delay Damages from and after the Scheduled Commercial Operation Date up to, but not including, the earlier of: (a) the date this Agreement is terminated in accordance with its terms; and (b) the Commercial Operation Date.

Delay Damages. If the Commercial Operation Date is not achieved on or before the Scheduled Commercial Operation Date (as such date may be adjusted pursuant to Section 2.2.1)Date, then Seller shall pay to PacifiCorp Delay Damages from and after the Scheduled Commercial Operation Date up to, but not including, the earlier of: (a) a)‌ the date this Agreement is terminated in accordance with its terms; and (b) the date that the Storage Facility achieves Commercial Operation DateOperation.