Common use of Additional Liquidated Damage Applicable Only to DFC Modules Wholly Manufactured by Seller Clause in Contracts

Additional Liquidated Damage Applicable Only to DFC Modules Wholly Manufactured by Seller. In the event that during the commissioning period, excluding the FA test, the commissioning of the POSCO Plant is discontinued due to causes solely attributable to defects of DFC Modules wholly manufactured by Seller, the Buyer is entitled to claim liquidated damages per day of Commissioning Discontinuances in an amount equivalent to 0.15% of the price for the total Equipment (e.g in case of 2.4 MW plant, the total equipment is two DFC Modules) provided by Seller. The total amount of liquidated damages payable by Seller to Buyer under this paragraph shall not exceed five percent (5%) of the price of the total Equipment. In the event of Commissioning Discontinuance caused by the defects of DFC Modules wholly manufactured by Seller, Seller should exercise commercially reasonable efforts to eliminate the defects at Seller’s own cost; and Buyer shall support Seller to eliminate defects in the most efficient manner. Seller shall provide Buyer with action plans, root causes and corrective actions before and after taking actions.