Examples of Initial Delivery Date in a sentence
Each Party agrees that (i) the damages that Xxxxx would incur due to Seller’s delay in achieving the Expected Initial Delivery Date would be difficult or impossible to predict with certainty and (ii) the Delay Damages are an appropriate approximation of such damages.
If, after the Initial Delivery Date, no damages are due and owing to Buyer under this Agreement, then Seller will no longer be required to maintain the Project Development Security, and Buyer shall return to Seller the Project Development Security, less any amounts drawn in accordance with Section 2.4(a).
Customers who are added to Seller’s Portfolio List after the Initial Delivery Date and during the Delivery Term must meet the definition of a “Customer” during the Delivery Term in order to be included in Seller’s Portfolio List.
Once each of the Conditions Precedent to the Initial Delivery Date has been satisfied or waived, the Parties shall execute and exchange on the Initial Delivery Date the “Initial Delivery Date Confirmation Letter” attached as Appendix IV.
If Seller has not achieved the Initial Delivery Date as of the Expected Initial Delivery Date because of a Force Majeure event, Seller is not responsible for paying Delay Damages for the period extending to the first day following a day-for-day extension of the same duration as the Force Majeure event.