Examples of Daily Delay Damages in a sentence
If Seller has not satisfied the conditions precedent for the Initial Delivery Date of the Project by the applicable Guaranteed Initial Delivery Date, Seller shall owe to Buyer the applicable Daily Delay Damages for each day of delay, up to a maximum of one hundred and eighty (180) days of delay (the “Cure Period”).
At Seller’s option, Daily Delay Damages may be paid either in cash or by draw upon the Development Period Security per Section 10.1. In the event that Seller achieves Commercial Operation by the Binding Milestone Deadline therefor, then Buyer shall refund to Seller, without interest, any amounts previously paid to Buyer as Daily Delay Damages for failure to achieve the any Binding Milestone by the respective Binding Milestone Deadlines therefor.
Except to the extent Buyer may be entitled to Daily Delay Damages under Section 2.10.1, if this Agreement is terminated by Buyer under this Section 21.3, then within five (5) days following such termination, Buyer shall return to Seller any and all Letters of Credit, cash deposit, or any other forms of security or credit support previously provided by Seller and held at that time by Xxxxx.