Stipulated Damages. NYSERDA and Seller hereby agree, acknowledge and stipulate that NYSERDA’s retention of amounts provided by Seller as Contract Security pursuant to Article XV, in the proportions stated within this Article, is fair and reasonable under the circumstances and in light of the uncertainty and inability to adequately quantify the harm that would result to NYSERDA as a result of the events that permit NYSERDA to retain such amounts of the Contract Security.
Appears in 17 contracts
Samples: Form Agreement, Form Agreement, Form Agreement
Stipulated Damages. NYSERDA and Seller hereby agree, acknowledge and stipulate that NYSERDAXXXXXXX’s retention of amounts provided by Seller as Contract Security pursuant to this Article XV, in the proportions stated within this Article, is fair and reasonable under the circumstances and in light of the uncertainty and inability to quantify adequately quantify the harm that would result to NYSERDA as a result of the events that permit NYSERDA to retain such amounts of the Contract Security.
Appears in 8 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Renewable Energy Certificate Purchase and Sale Agreement
Stipulated Damages. NYSERDA and Seller hereby agree, acknowledge and stipulate that NYSERDAXXXXXXX’s retention of amounts provided by Seller as Contract Security pursuant to Article XV, in the proportions stated within this Article, is fair and reasonable under the circumstances and in light of the uncertainty and inability to adequately quantify the harm that would result to NYSERDA as a result of the events that permit NYSERDA to retain such amounts of the Contract Security.
Appears in 7 contracts
Samples: Form Agreement, Form Agreement, Form Agreement
Stipulated Damages. NYSERDA and Seller hereby agree, acknowledge and stipulate that NYSERDA’s retention of amounts provided by Seller as Contract Security pursuant to this Article XV, in the proportions stated within this Article, is fair and reasonable under the circumstances and in light of the uncertainty and inability to quantify adequately quantify the harm that would result to NYSERDA as a result of the events that permit NYSERDA to retain such amounts of the Contract Security.
Appears in 4 contracts
Samples: Purchase and Sale Agreement, Sale Agreement, Renewable Energy Certificate Purchase and Sale Agreement
Stipulated Damages. NYSERDA and Seller hereby agree, acknowledge and stipulate that NYSERDA’s retention of amounts provided by Seller as Contract Security pursuant to Article XV, in the proportions stated within this Article, is fair and reasonable under the circumstances and in light of the uncertainty and inability to quantify adequately quantify the harm that would result to NYSERDA as a result of the events that permit NYSERDA to retain such amounts of the Contract Security.
Appears in 3 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, portal.nyserda.ny.gov
Stipulated Damages. NYSERDA and Seller Contractor hereby agree, acknowledge and stipulate that NYSERDA’s retention of amounts provided by Seller Contractor as Contract Security to pursuant to Article XV, in the proportions stated within this Article, is fair and reasonable under the circumstances and in light of the uncertainty and inability to adequately quantify the harm that would result to NYSERDA as a result of the events that permit NYSERDA to retain such amounts of the Contract Security.
Appears in 3 contracts
Samples: Sample Agreement, Sample Agreement, Sample Agreement
Stipulated Damages. NYSERDA and Seller hereby agree, acknowledge and stipulate that NYSERDA’s retention of amounts provided by Seller as Contract Security pursuant to this Article XV, in the proportions stated within this Article, for any Event of Default by Seller prior to commencement of Commercial Operation is fair and reasonable under the circumstances and in light of the uncertainty and inability to quantify adequately quantify the harm that would result to NYSERDA as a result of the events that permit NYSERDA any Event of Default by Seller prior to retain such amounts commencement of the Contract SecurityCommercial Operation.
Appears in 1 contract
Samples: Renewable Energy Certificate Purchase and Sale Agreement
Stipulated Damages. NYSERDA and Seller hereby agree, acknowledge and stipulate that NYSERDA’s retention of amounts provided by Seller as Contract Security pursuant to this Article XV, in the proportions stated within this Article, XV is fair and reasonable under the circumstances and in light of the uncertainty and inability to quantify adequately quantify the harm that would result to NYSERDA as a result of the events that permit NYSERDA to retain such amounts of the Contract Security.
Appears in 1 contract
Stipulated Damages. NYSERDA and Seller hereby agree, acknowledge and stipulate that NYSERDAXXXXXXX’s retention of amounts provided by Seller as Contract Security pursuant to Article XV, in the proportions stated within this Article, is fair and reasonable under the circumstances and in light of the uncertainty and inability to quantify adequately quantify the harm that would result to NYSERDA as a result of the events that permit NYSERDA to retain such amounts of the Contract Security.
Appears in 1 contract
Samples: Purchase and Sale Agreement
Stipulated Damages. NYSERDA and Seller hereby agree, acknowledge and stipulate that NYSERDA’s retention of amounts provided by Seller as Contract Security pursuant to this Article XV, in the proportions stated within this Article, is fair and reasonable under the circumstances and in light of the uncertainty and inability to quantify adequately quantify the harm that would result to NYSERDA as a result of the events that permit NYSERDA to retain such amounts of the Contract Security.. 1Article XVI
Appears in 1 contract
Samples: Sale Agreement
