Capacity Liquidated Damages Clause Samples

Capacity Liquidated Damages. If the Capacity Test determines that the Tested Capacity is less than the Expected Installed Power Capacity, Seller will alter, repair, replace or add equipment necessary to meet or exceed the Expected Installed Power Capacity. Seller will use commercially reasonable efforts to complete these capacity maintenance activities and retest the equipment within 45 days of the previous date of Capacity Test, the “Remedy Period”. If Seller fails to meet the Expected Installed Power Capacity after 45 days, Seller shall pay Capacity Liquidated Damages for each additional day after the Remedy Period (pro-rated by number of days assuming a 30 day month) until the date whereby the Tested Capacity meets or exceeds the Expected Installed Power Capacity. Capacity Liquidated Damages = [Contract Price * Installed Capacity (MW) * (Expected Installed Power Capacity – Tested Capacity) / Expected Installed Capacity (MW) ] x [(Number of days – 45) / 30 days] Expected Installed Power Capacity: 320 MWh Tested Capacity: 300 MWh Failed test date: 1/15/2028 Pass Test Date: 5/10/2028 [ $13.50/kW-month (Contract Price) * 80 MW * (1,000 kW/MW) ] x [ (320 MWh – 300 MWh] / 320 ] x [ (16 days + 28 days + 31 days + 15 days + 10 days - 45 days) / (30 days) ] = Capacity Liquidated Damages Capacity Liquidated Damages = $1,080,000 x 6.25% x 100/30 days = $123,750

Capacity Liquidated Damages. If the Storage Capacity Rating is less than the Guaranteed Capacity, then Owner shall owe CHGE liquidated damages equal to: 2 Value subject to change based upon further wholesale market model revenue revisions. 3 Same as 2 above.

Capacity Liquidated Damages. If the Storage Capacity Rating is less than the Guaranteed Capacity, then Owner shall owe CECONY liquidated damages equal to: (Contract Capacity – Storage Capacity Rating) x $[440.00] per MW-day x Cure Days Where:

Capacity Liquidated Damages. If the Storage Capacity Rating is less than the Guaranteed Capacity, then Owner shall owe NYSEG liquidated damages equal to: (Contract Capacity – Storage Capacity Rating) x $[XXXX] per MW-day x Cure Days Where:

Capacity Liquidated Damages. If a Storage Rating Test demonstrates the Power Capacity Rating is less than the Contract Capacity, then Owner shall owe O&R liquidated damages equal to: (Contract Capacity – Power Capacity Rating) x $690 per MW-day5 x Cure Days Where:

Capacity Liquidated Damages. If a Storage Rating Test demonstrates the Power Capacity Rating is less than the Contract Capacity, then Owner shall owe CECONY liquidated damages equal to:

Capacity Liquidated Damages. Subject to subpart (c) below, if the Storage Capacity Rating is less than the Guaranteed Capacity, then Owner shall owe CECONY liquidated damages equal to: