Common use of Liquidated Damages Reasonable Clause in Contracts

Liquidated Damages Reasonable. The Parties agree that the extent and amount of loss or damage to Owner as a result of Contractor’s failure (a) to achieve the Construction Start Date by the Guaranteed Constriction Start Date, (b) to achieve Substantial Completion by the Guaranteed Substantial Completion Date and (c) to achieve the Guaranteed Capacity for the Facility is impractical and difficult to determine with certainty. The Parties agree that Liquidated Damages are a genuine pre-estimate of the damages suffered by Owner by reason of Contractor’s failure to achieve, or failure to cause the Facility to satisfy, obtain or achieve, the Guaranteed Construction Start Date, Guaranteed Substantial Completion Date or the Guaranteed Capacity for the Facility and are not intended as a penalty. The amounts payable by Contractor to Owner under this Article 17 shall be Contractor’s sole and exclusive liability to Owner, and Owner’s sole and exclusive remedy, with respect to Contractor’s failure (i) to achieve the Constriction Start Date by the Guaranteed Construction Start Date, (ii) to achieve to achieve Substantial Completion by the Guaranteed Substantial Completion Date or (iii) to achieve the Guaranteed Capacity for the Facility. If Contractor fails to pay any Liquidated Damages owing under this Article 17, Owner may deduct the amount thereof from any payment due, or that may become due, to Contractor under this Agreement or, if no payment is due, Owner may invoice Contractor for such amount. Nothing in this Article 17 shall be construed as relieving Contractor of its obligation to achieve Substantial Completion or the Guaranteed Capacity for the Facility.

Liquidated Damages Reasonable. The Parties agree that the extent and amount of loss or damage to Owner as a result of Contractor’s 's failure (a) to achieve the Construction Start Date Block Substantial Completion by the Guaranteed Constriction Start DateBlock Substantial Completion Date of a Block, (b) to achieve Facility Substantial Completion by the Guaranteed Facility Substantial Completion Date and (c) to achieve the Guaranteed Capacity for a Block or the Facility is impractical and difficult to determine with certainty. The Parties agree that Liquidated Damages such liquidated damages are a genuine pre-estimate of the damages suffered by Owner by reason of Contractor’s 's failure to achieve, achieve or failure to cause the Facility Project to satisfy, obtain or achieveachieve each Guaranteed Block Substantial Completion Date, the Guaranteed Construction Start Date, Guaranteed Facility Substantial Completion Date or the Guaranteed Capacity for a Block or the Facility and are not intended as a penalty. The ***, the amounts payable by Contractor to Owner under this Article 17 shall be Contractor’s 's sole and exclusive liability to Owner, and Owner’s 's sole and exclusive remedy, with respect to Contractor’s 's failure (i) to achieve the Constriction Start Date Block Substantial Completion of a Block by the its Guaranteed Construction Start Block Substantial Completion Date, (ii) to achieve to achieve Facility Substantial Completion by the Guaranteed Facility Substantial Completion Date or (iii) to achieve the Guaranteed Capacity for a Block or the Facility. If Contractor fails to pay any Block Delay Liquidated Damages, Facility Delay Liquidated Damages, Block Capacity Liquidated Damages or Final Capacity Liquidated Damages owing under this Article 17, Owner may deduct the amount thereof from any payment due, or that may become due, to Contractor under this Agreement or, or if no payment is due, Owner may invoice Contractor for such amount. Nothing in this Article 17 shall be construed as relieving Contractor of its obligation to achieve Facility Substantial Completion or the Guaranteed Capacity for the FacilityCompletion.

Liquidated Damages Reasonable. The Parties agree that the extent and amount of loss or damage to Owner as a result of Contractor’s 's failure (a) to achieve the Construction Start Date Block Substantial Completion by the Guaranteed Constriction Start DateBlock Substantial Completion Date of a Block, (b) to achieve Facility Substantial Completion by the Guaranteed Facility Substantial Completion Date and (c) to achieve the Guaranteed Capacity for a Block or the Facility is impractical and difficult to determine with certainty. The Parties agree that Liquidated Damages such liquidated damages are a genuine pre-estimate of the damages suffered by Owner by reason of Contractor’s 's failure to achieve, achieve or failure to cause the Facility Project to satisfy, obtain or achieveachieve each Guaranteed Block Substantial Completion Date, the Guaranteed Construction Start Date, Guaranteed Facility Substantial Completion Date or the Guaranteed Capacity for a Block or the Facility and are not intended as a penalty. The *** the amounts payable by Contractor to Owner under this Article 17 shall be Contractor’s 's sole and exclusive liability to Owner, and Owner’s 's sole and exclusive remedy, with respect to Contractor’s 's failure (i) to achieve the Constriction Start Date Block Substantial Completion of a Block by the its Guaranteed Construction Start Block Substantial Completion Date, (ii) to achieve to achieve Facility Substantial Completion by the Guaranteed Facility Substantial Completion Date or (iii) to achieve the Guaranteed Capacity for a Block or the Facility. If Contractor fails to pay any Block Delay Liquidated Damages, Facility Delay Liquidated Damages, Block Capacity Liquidated Damages or Final Capacity Liquidated Damages owing under this Article 17, Owner may deduct the amount thereof from any payment due, or that may become due, to Contractor under this Agreement or, or if no payment is due, Owner may invoice Contractor for such amount. Nothing in this Article 17 shall be construed as relieving Contractor of its obligation to achieve Facility Substantial Completion or the Guaranteed Capacity for the FacilityCompletion.

Liquidated Damages Reasonable. The Parties agree that the extent and amount of loss or damage to Owner as a result of Contractor’s 's failure (a) to achieve the Construction Start Date Block Substantial Completion by the Guaranteed Constriction Start DateBlock Substantial Completion Date of a Block, (b) to achieve Facility Substantial Completion by the Guaranteed Facility Substantial Completion Date and (c) to achieve the Guaranteed Capacity for a Block or the Facility is impractical and difficult to determine with certainty. The Parties agree that Liquidated Damages such liquidated damages are a genuine pre-estimate of the damages suffered by Owner by reason of Contractor’s 's failure to achieve, achieve or failure to cause the Facility Project to satisfy, obtain or achieveachieve each Guaranteed Block Substantial Completion Date, the Guaranteed Construction Start Date, Guaranteed Facility Substantial Completion Date or the Guaranteed Capacity for a Block or the Facility and are not intended as a penalty. The *** the amounts payable by Contractor to Owner under this Article 17 shall be Contractor’s 's sole and exclusive liability to Owner, and Owner’s 's sole and exclusive remedy, with respect to Contractor’s 's failure (i) to achieve the Constriction Start Date Block Substantial *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. 60 Completion of a Block by the its Guaranteed Construction Start Block Substantial Completion Date, (ii) to achieve to achieve Facility Substantial Completion by the Guaranteed Facility Substantial Completion Date or (iii) to achieve the Guaranteed Capacity for a Block or the Facility. If Contractor fails to pay any Block Delay Liquidated Damages, Facility Delay Liquidated Damages, Block Capacity Liquidated Damages or Final Capacity Liquidated Damages owing under this Article 17, Owner may deduct the amount thereof from any payment due, or that may become due, to Contractor under this Agreement or, or if no payment is due, Owner may invoice Contractor for such amount. Nothing in this Article 17 shall be construed as relieving Contractor of its obligation to achieve Facility Substantial Completion or the Guaranteed Capacity for the FacilityCompletion.