Schedule Liquidated Damages. Schedule Liquidated Damages are described (and shall be determined as provided) in Exhibits C-3, and are partially accumulated by: (i) cumulative retention over the course of the Agreement; and (ii) withholding of Milestone Payments, particularly those associated with testing and commercial operation, but only if testing and commercial operation have not occurred prior to the Guaranteed Completion Date and then only if Retention is not sufficient.
Appears in 4 contracts
Samples: Engineering, Procurement and Construction Agreement (USA Synthetic Fuel Corp), Engineering, Procurement and Construction Agreement (USA Synthetic Fuel Corp), Engineering, Procurement and Construction Agreement (Global Energy, Inc.)
