Common use of Exclusive Remedies for Shortfalls and Delays Clause in Contracts

Exclusive Remedies for Shortfalls and Delays. Notwithstanding Article VII or any other provision of this Agreement, and assuming no intentional breach by Seller hereunder, this Article IV shall provide Department's exclusive remedy in the event Seller fails to schedule, deliver or provide all or part of the Contract Capacity or Energy or if the Facility fails to achieve the Guaranteed Maximum Heat Rate, Facility Completion Date, or a particular Rated Capacity. Failure to pay any amounts due under this Article IV shall, however, constitute a separate and distinct Event of Default to which Article VII shall apply.

Exclusive Remedies for Shortfalls and Delays. Notwithstanding Article VII or any other provision of this Agreement, and assuming no intentional breach by Seller hereunder, this Article IV shall provide Department's exclusive remedy in the event Seller fails to schedule, deliver or provide all or part of the Contract Capacity or Energy or if the Facility fails to achieve the Guaranteed Maximum Heat Rate, Facility Completion Date, Rate or a particular Rated Capacity. Failure to pay any amounts due under this Article IV shall, however, constitute a separate and distinct Event of Default to which Article VII shall apply.

Exclusive Remedies for Shortfalls and Delays. Notwithstanding Article VII or any other provision of this Agreement, and assuming no intentional breach by Seller hereunder, this Article IV shall provide Department's exclusive remedy in the event Seller fails to schedule, deliver or provide all or part of the Contract Capacity or Energy or if the Facility fails to achieve the Guaranteed Maximum Heat Rate, Facility Completion Date, or a particular Rated Capacity. Failure to pay any amounts due under this Article IV shall, however, constitute a separate and distinct Event of Default to which Article VII shall apply.

Exclusive Remedies for Shortfalls and Delays. Notwithstanding Article VII or any other provision of this Agreement, and assuming no intentional breach by Seller hereunder, this Article IV shall provide Department's exclusive remedy in the event Seller fails to schedule, deliver or provide all or part of the Contract Capacity or Energy or if the Facility fails to achieve the Guaranteed Maximum Heat Rate, Facility Completion Commercial Operation Date, or a particular Rated Capacity. Failure to pay any amounts due under this Article IV shall, however, constitute a separate and distinct Event of Default to which Article VII shall apply.