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

• Delays in the interconnection and transmission network upgrade study, design and construction process (This includes any delay in making the required deposit payments set forth in the Facility’s GIA) that are not caused by Idaho Power or Force Majeureevents accepted by both Parties, shall not prevent Delay Damages or Termination Damages from being due and owing as calculated in accordance with this Agreement.

• Seller will be entitled to a refund (without interest) of any estimated Daily Delay Damages payments paid by Seller that exceed the amount required to cover the number of days or partial days by which the Commercial Operation Date occurred after the original Guaranteed Commercial Operation Date (where the original Guaranteed Commercial Operation Date excludes any extensions under this Section 3.9(c)(i) but includes any extensions under Section 3.9(c)(ii)).

• Unless this Agreement is terminated by Buyer in accordance with Section 4.4(a)(ii), receipt of Delay Damages is Buyer’s sole and exclusive remedy for Seller’s failure to achieve the Commercial Operation Date by the Scheduled Commercial Operation Date.

• The Daily Delay Damages payments are in addition to, and not a part of, the Construction Period Security.

• If the Commercial Operation Date does not occur on or before the Guaranteed Commercial Operation Date, to compensate Buyer for the failure to provide energy and Capacity from the Facility, Seller shall pay Buyer delay damages equal to the Daily Delay Damages times Contract Capacity for each Day or portion of a Day until that Day that the Commercial Operation Date occurs from and after the Guaranteed Commercial Operation Date.

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 means the agreed liquidated damages payable to NorthWestern if Seller fails to achieve Commercial Operation by the Guaranteed Commercial Operation Date as set forth in Section 7.4.

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.