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

• By the tenth (10th) day following the end of the calendar month of the Guaranteed Commercial Operation Date, and continuing on the tenth (10th) day following the end of any calendar month during which Daily Delay Damages are incurred, Buyer shall deliver to Seller a proper invoice showing Xxxxx’s computation of such damages and any amount due Buyer in respect thereof for the preceding calendar month.

• 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 from the Facility, Seller shall pay Buyer delay damages equal to the Daily Delay Damages 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, up to a total of forty-five (45) Days.

• Each Party agrees and acknowledges that (a) the damages that Buyer would incur for the failure to provide energy from the Facility due to delay in achieving the Commercial Operation Date on or before the Guaranteed Commercial Operation Date would be difficult or impossible to predict with certainty, and (b) the Daily Delay Damages are an appropriate approximation of such damages.

• By the tenth (10th) day following the end of the calendar month in which Delay Damages or Capacity Shortfall Damages begin to accrue, as applicable, and continuing on the tenth (10th) day of each calendar month during the period in which Delay Damages accrue (and the following months, if applicable), PGE shall deliver to Seller an invoice showing PGE’s computation of such damages and any amount due PGE in respect thereof for the preceding calendar month.

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.