Delay Damages definition

Delay Damages means the damages assessed pursuant to Section 3.2(a) hereof.

Delay Damages has the meaning set forth in Section 2.4(a).

Delay Damages means Daily Delay Damages and Commercial Operation Delay Damages.

Examples of Delay Damages in a sentence

• If Seller fails to achieve Commercial Operation of the Facility by the Required Commercial Operation Date, Seller must pay Delay Damages to PSE for each Day of delay after the Required Commercial Operation Date (including any partial Day) until the earlier of (a) Commercial Operation of the Facility, (b) the date that Seller notifies PSE that Commercial Operation will not be achieved, or (c) ninety (90) Days after the Required Commercial Operation Date.

• If PSE terminates this BESSA under Section 17.2.1, PSE will be entitled to recover from Seller all amounts then owed by Seller to PSE under this BESSA (including any unpaid Delay Damages, if applicable) and recover from Seller liquidated damages for such termination (“Termination Liquidated Damages”) in the applicable amount set forth in Section 6 of Appendix A.

• For the avoidance of doubt, if PSE terminates this BESSA pursuant to Section 17.2.1 for an Event of Default by Seller under Section 17.1.1, then Seller will owe PSE the Termination Liquidated Damages pursuant to this Section 17.2.2 in addition to the Delay Damages that accrue under Section 9.1 prior to such termination.

• If Delay Damages are owed under this Section 9.1, no later than five (5) Business Days after the Required Commercial Operation Date, Seller must provide Eligible Collateral to PSE in the amount equal to the lesser of [ ] per kW ($[ ]/kW) and [ ] ($[ ]), which Eligible Collateral will be in addition to the Performance Security.

• In addition to the draws permitted by subsection (1) above, PSE may draw upon the Performance Security to recover any damages arising from a breach of this BESSA by Seller or other amounts due and owing to PSE pursuant to the BESSA, including Termination Liquidated Damages owed under Section 17.2.2 of the BESSA and Delay Damages owed under Section 9.2 of the BESSA.

More Definitions of Delay Damages

Delay Damages has the meaning set forth in Section 11.4.

Delay Damages for any given day are equal to (a) the Expected Energy, expressed in MWhs per year, divided by 365, multiplied by (b) PacifiCorp's Cost to Cover.

Delay Damages means a daily amount equal to $ ($0.11/kW-AC) per day.

Delay Damages for any given day are equal to (a) $100 per MW of Nameplate Capacity per day beginning on the first day after the Scheduled Commercial Operation Date through the 30th day after the Scheduled Commercial Operation Date, (b) $200 per MW of Nameplate Capacity per day beginning on the 31st day after the Scheduled Commercial Operation Date through the 60th day after the Scheduled Commercial Operation Date, and (c) $300 per MW of Nameplate Capacity per day beginning on the 61st day after the Scheduled Operation Date through the actual Commercial Operation Date or the Guaranteed Commercial Operation Date, whichever occurs first.

Delay Damages for any given day are equal to (a) the Expected Net Output for the Facility, expressed in MWh per year, divided by 365, multiplied by (b) PacifiCorp’s Cost to Cover.

Delay Damages shall be those damages payable to PacifiCorp due to Seller’s failure to meet the Scheduled Commercial Operation Date, as specified in Sections 2.4 and 8.1.

Delay Damages are equal to the Development Security divided by 60. Delay Damages shall be paid for each day of delay and shall be paid to Buyer in advance monthly. A prorated amount will be returned to Seller if COD is achieved during the month for which Delay Damages were paid in advance. Failure to achieve COD within 60 days of the Guaranteed COD shall constitute an Event of Default, and Buyer shall have the right, in its sole discretion, to terminate the ESSA and retain the Development Security.