Examples of Delay Damages in a sentence
If Seller does not achieve Commercial Operation on or before the Guaranteed Commercial Operation Date, PGE shall have the right to terminate this Agreement upon ten (10) Days’ notice to Seller, and Seller shall pay to PGE, as liquidated damages, Contract Termination Damages equal to $200 per kW of Generating Facility Nameplate Capacity plus $200 per kW of Contract Storage Capacity (the “Contract Termination Damages”) in addition to all Delay Damages paid or payable pursuant to Section 3.1.15.
If Commercial Operation is not achieved on or before the Scheduled Commercial Operation Date, Seller shall pay Delay Damages to PGE from and after the Scheduled Commercial Operation Date up to, but not including, the earlier date to occur of (a) the Project achieves Commercial Operation, or (b) the Guaranteed Commercial Operation Date.
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.