Capacity Reduction Liquidated Damages Sample Clauses

Capacity Reduction Liquidated Damages. (a) If Buyer requires Seller to, or Seller elects to, resize the Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to (i) [●] Dollars ($[●])17, multiplied by (ii) the number of MW by which (A) the resized Expected Capacity is below (B) the original Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, (x) the resizing of the Expected Capacity according to Section 3.8 shall become effective and (y) the Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year shall be deemed adjusted to the P50 Quantity and the P90 Quantity, respectively, for each such Contract Year corresponding to the Final Capacity, as determined (subject to audit and dispute by Buyer) by the same independent engineer that determined the original Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year (provided that, if Buyer so requests, Seller shall reasonably cooperate with Buyer to mutually agree on another qualified independent engineer) in a confirming report from such independent engineer provided by Seller to Buyer (at Seller’s sole cost and expense) concurrently with the payment required by this Section 3.9. (b) If Buyer requires Seller to, or Seller elects to, resize the Storage Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to (i) [●] Dollars ($[●])18, multiplied by (ii) the number of MW by which (A) the resized Storage Expected Capacity is below (B) the original Storage Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, the resizing of the Storage Expected Capacity according to Section 3.8 shall become effective concurrently with the payment required by this Section 3.9.
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Capacity Reduction Liquidated Damages. (a) If Buyer requires Seller to, or Seller elects to, resize the Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to 82 NTD: Insert if the Facility is a developmental resource. 83 NTD: Insert if the Facility is not a developmental resource. 84 NTD: Insert if the Facility is a developmental resource. 85 NTD: Insert if the Facility is not a developmental resource. 86 NTD: Insert if the Facility is a developmental resource. 87 NTD: Insert if the Facility is not a developmental resource. 88 NTD: Insert if the Facility is a developmental resource. 89 NTD: Insert if the Facility is a developmental resource. 90 NTD: Insert if the Facility is not a developmental resource. 91 NTD: Insert if the Facility is a developmental resource. 92 NTD: Insert if the Facility is not a developmental resource. 93 NTD: Insert if the Facility is a developmental resource. 94 NTD: Insert if the Facility is not a developmental resource. 95 NTD: Insert if the Facility is a developmental resource. 96 NTD: Insert if the Facility is not a developmental resource. (i) [ ] Dollars ($[ ])97, multiplied by (ii) the number of MW by which (A) the resized Expected Capacity is below (B) the original Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, (x) the resizing of the Expected Capacity according to Section 3.8 shall become effective and (y) the Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity shall be deemed adjusted to the P50 Quantity and the P90 Quantity, respectively, corresponding to the Final Capacity, as determined (subject to audit and dispute by Buyer) by the same independent engineer that determined the original Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity (provided that, if Buyer so requests, Seller shall reasonably cooperate with Buyer to mutually agree on another qualified independent engineer) in a confirming report from such independent engineer provided by Seller to Buyer (at Seller’s sole cost and expense) concurrently with the payment required by this Section 3.9. (b) If Buyer requires Seller to, or Seller elects to, resize the Storage Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to (i) [ ] Dollars ($[ ])98, multiplied by (ii) the number of MW by which (A) the resized Storage Expected Capacity is below (B) the original Storage Expected Capacity (rega...
Sample 1
Capacity Reduction Liquidated Damages. If Buyer requires Seller to, or Seller elects to, resize the Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to (a) [ ] Dollars ($[ ])8, multiplied by (b) the number of MW by which (i) the resized Expected Capacity is below (ii) the original Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, (x) the resizing of the Expected Capacity according to Section 3.8 shall become effective and (y) the Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year shall be deemed adjusted to the P50 Quantity and the P90 Quantity, respectively, for each such Contract Year corresponding to the Final Capacity, as determined (subject to audit and dispute by Buyer) by the same independent engineer that determined the original Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year (provided that, if Buyer so requests, Seller shall reasonably cooperate with Buyer to mutually agree on another qualified independent engineer) in a confirming report from such independent engineer provided by Seller to Buyer (at Seller’s sole cost and expense) concurrently with the payment required by this Section 3.9.
Sample 1
Capacity Reduction Liquidated Damages. (a) If the Expected Capacity is resized according to Section 3.8, (A)Seller shall pay to Buyer, as liquidated damages, an amount equal to (i) [●] Dollars ($[●])/MW16, multiplied by (ii) the difference of the original Expected Capacity minus the resized Expected Capacity, and
Sample 1
Capacity Reduction Liquidated Damages. If Buyer requires Seller to, or Seller elects to, resize the Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to (a) [ ] Dollars ($[ ])16, multiplied by (b) the number of MW by which (i) the resized Expected Capacity is below (ii) the original Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, (x) the resizing of the Expected Capacity according to Section 3.8 shall become effective 15 NTD: Amount to be calculated by multiplying the Expected Capacity by $500/MW.
Sample 1

Related to Capacity Reduction Liquidated Damages

  • Liquidated Damages The Company’s obligations to pay any partial liquidated damages or other amounts owing under the Transaction Documents is a continuing obligation of the Company and shall not terminate until all unpaid partial liquidated damages and other amounts have been paid notwithstanding the fact that the instrument or security pursuant to which such partial liquidated damages or other amounts are due and payable shall have been canceled.

  • Withholding for unpaid wages and liquidated damages The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section.

  • Violation; liability for unpaid wages; liquidated damages In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.

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