Common use of REBATES REASONABLE Clause in Contracts

REBATES REASONABLE. Owner and Contractor hereby acknowledge and agree that the terms, conditions and amounts fixed pursuant to this Article 8 for Performance Guarantee Payments are reasonable, considering the reduction in the value of the Facility and the increased costs that it is anticipated Owner will sustain in the event of Contractor's failure to achieve [*]. The amounts of these rebates are agreed upon and fixed hereunder by the Parties because of the difficulty of ascertaining on the date hereof the exact amount of such reduction in value and increased costs that will be actually sustained by Owner in the event of any such failure by Contractor, and the Parties hereby agree that the rebate amounts specified herein (a) shall be applicable regardless of the amount of such reduction in value and increased costs actually sustained by Owner and (b) shall be the sole and exclusive remedy of Owner and the sole liability of Contractor under this Agreement for the failure of the Facility to achieve one hundred percent (100%) of the Performance Guarantees. Solely for clarification and for the avoidance of doubt, the Parties hereby agree that this Section 8.2 shall not be construed in any way to limit, extend or otherwise affect Contractor's obligations and liabilities, or Owner's remedies, under this Agreement arising as a result of or in connection with (i) an Event of Default under Section 16.1(i) or (j) hereof or (ii) Contractor's obligation to achieve Final Acceptance and Project Completion and to cause the Project to comply with all Applicable Laws, all Applicable Permits and the Guaranteed Emission Limits. The payment of any such rebates hereunder shall not affect Owner's rights under Articles 15 and 16 hereof or Owner's rights to receive price rebates pursuant to Article 7 hereof.

REBATES REASONABLE. Owner and Contractor hereby acknowledge and agree that the terms, conditions and amounts fixed pursuant to this Article 8 Section 7.2 for Performance Guarantee Provisional Acceptance Late Completion Payments are reasonable, considering the reduction in the value of the Facility Project and the increased costs that it is anticipated Owner will sustain incur in the event of Contractor's failure to achieve [*]at least one of Provisional Acceptance or Final Acceptance of the Facility by the Guaranteed Provisional Acceptance Date. The amounts of these rebates are agreed upon and fixed hereunder by the Parties because of the difficulty of ascertaining on the date hereof the exact amount of such reduction in value of the Project and increased costs that will be actually sustained incurred by Owner in the event of any such failure by Contractorevent, and the Parties hereby agree that the rebate amounts specified herein (a) shall be applicable regardless of the amount of such reduction in value actually occurring and such increased costs actually sustained incurred by Owner and (b) shall be the sole and exclusive remedy of Owner and the sole liability of Contractor under this Agreement for Contractor's delay in meeting the failure of the Facility to achieve one hundred percent (100%) of the Performance GuaranteesGuaranteed Provisional Acceptance Date. Solely for clarification and for the avoidance of doubt, the Parties hereby agree that this Section 8.2 7.4.1 shall not be construed in any way to limit, extend or otherwise affect Contractor's obligations and liabilities, or Owner's remedies, under this Agreement arising as a result of or in connection with (i) an Event of Default under Section 16.1(i) or (j) hereof or (ii) Contractor's obligation to achieve Final Acceptance and Project Completion and to cause the Project to comply with all Applicable Laws, all Applicable Permits and the Guaranteed Emission Limits. The payment of any such rebates hereunder shall not affect Owner's rights under Articles 15 and 16 hereof or Owner's rights to receive price rebates pursuant to Article 7 8 hereof.