5Failure to Achieve Project Capacity. In the event that on the Project COD Deadline, the In-Service Date has occurred but the Contract Capacity is less than the Project Capacity, Seller shall pay Liquidated Damages in the amount of one hundred fifty thousand dollars ($150,000), multiplied by the number of MW by which the Contract Capacity is below the Project Capacity less any Daily Delay Liquidated Damages previously paid by Seller (“Contract Capacity Buy-Down Liquidated Damages”).
Appears in 4 contracts
Samples: Operate Transfer Agreement, Operate Transfer Agreement, Operate Transfer Agreement
