Penalty for Delay in Commissioning. The Project shall be commissioned by the Scheduled Commercial Operation Date. In case of failure to achieve this milestone, GUVNL shall encash the Performance Bank Guarantee (PBG) in the following manner.
Penalty for Delay in Commissioning. The Project shall be commissioned by the Scheduled Commercial Operation Date. In case of failure to achieve this milestone, the Liquidated Damages shall be applicable as per Article 3.3.
Penalty for Delay in Commissioning. The Project shall be commissioned by the Scheduled Commercial Operation Date, failing which the Power Producer shall be liable to penalty as stipulated herein. The maximum deadline allowed for commissioning of the full Project Capacity with applicable penalty / liquidated damages, shall be limited to the date as on 180 days from the SCOD or the extended SCOD (if applicable). In case of failure to achieve this milestone, GUVNL shall encash the Performance Bank Guarantee (PBG) on per day basis and proportionate to the balance Capacity not commissioned. In case, the Commissioning of the Project is delayed beyond this period, the Power Producer’s Event of Default as per Article 10.2.1 of the PPA shall be considered to have occurred and the PPA capacity shall stand reduced / amended to the Capacity Commissioned till such period as mentioned above (i.e. SCOD + 180 days) and the PPA for the balance Capacity will stand terminated and shall be reduced from the Contracted Capacity. The Power Producer acknowledges that the amount towards penalty for delay in commissioning (Liquidated Damages as mentioned at Article 3.3) is a genuine and reasonable pre-estimate of the damages that may be suffered by XXXXX as specified under this Agreement
Penalty for Delay in Commissioning. 4.4.1 If the SPG is unable to commission the Project by the Scheduled Commissioning Date, the SPG shall pay to MSEDCL, damages for the delay in such commissioning and making the Contracted Capacity available for dispatch by the Scheduled Commissioning Date as per the following: Delay beyond the Scheduled Commissioning Date upto (& including) the date as on 9 months from the Date of signing of PPA. The total Performance Bank Guarantee amount shall be encashed on per day basis and proportionate to the balance capacity not commissioned.
Penalty for Delay in Commissioning. The Project shall be commissioned by the Scheduled Commencement of Supply Date (SCSD). Delay in commencement of supply of power, beyond the SCSD shall involve penalties on the Power Producer, as detailed below:
Penalty for Delay in Commissioning. The Project shall be commissioned by the SCOD. In case of failure to achieve this milestone, except due to reasons specified under Article 3.3 (i), PSPCL shall encash the Performance Guarantee (PG) in the following manner.
Penalty for Delay in Commissioning. 1. If the supplier fails to provide the services as mentioned in the contract penalty will be charged. 2. Penalty shall be imposed for not meeting the SLA i.e. if not responded within 1 hour (on any working day 8X7) at the rate of Rs. 500.00 (Rs. Five hundred only) for delay of every 1 hours and maximum up to 10% of the total contract value.
Penalty for Delay in Commissioning. The Project shall be commissioned by the Scheduled Commercial Operation Date, failing which the Power Producer shall be liable to penalty as stipulated herein subject to clause 3.3 of this agreement. The maximum deadline allowed for commissioning of the full Project Capacity with applicable penalty / liquidated damages, shall be limited to the date as on 180 days from the SCOD or the extended SCOD (if applicable). Either Party can terminate this Agreement by giving a thirty (30) days’ notice in writing, if the Commercial Operation Date does not occur until six (6) months from the Scheduled Commercial Operation Date, except for occurrence of a Force Majeure Event or the Change in law; unless the Parties have agreed in writing to extend the Scheduled Commercial Operation Date beyond such six (six) month period without any further liability under this Agreement. The Power Producer acknowledges that the amount towards penalty for delay in commissioning (Liquidated Damages as mentioned at Article 3.3) is a genuine and reasonable pre-estimate of the damages that may be suffered by JIL as specified under this Agreement.
