Completion Delay Clause Samples

Completion Delay. (a) For each day that any PCS System and/or any PCS Sub-System, as the case may be, fails to [__________], the Vendor will pay, subject to the limitations otherwise set forth in this subsection 15.3, an amount equal to [_____________] percent of the Product Contract Price applicable to such PCS System or PCS Sub-System, as the case may be, [_________]. In no event will the Late Completion Payments payable by the Vendor with respect to any PCS System or such PCS Sub-System, as the case may be, exceed [___________]. (b) If any PCS System or any PCS Sub-System does not achieve Substantial Completion by the Guaranteed Substantial Completion Date applicable thereto but the Owner nonetheless chooses (in its sole discretion) to commence In Revenue Service in such incomplete PCS System or incomplete PCS Sub-System, as the case may be (such action in no way constituting the Owner's acceptance, express or implied, of the System or such PCS System or such PCS Sub-System or any part thereof), then the Vendor will be required to pay, on a daily basis, only that percentage of the daily Late Completion Payment equal to that percentage of the geographic area to be otherwise covered by such PCS System or PCS Sub-System, as the case may be, not otherwise placed In Revenue Service by the Owner. (c) In the event of a change in the Product Contract Price pursuant to subsections 6.2, 7.2 or 27.16 or Section 26 during the Term of this Contract from the amount originally set forth in this Contract pursuant to Section 6 the per diem amount of Late Completion Payments set forth above will be increased or decreased, as appropriate, by an amount equal to the increase or decrease in the Owner's per diem interest payment obligation resulting from any change in the amount of debt incurred or to be incurred by the Owner related to such change in the Product Contract Price. (d) Late Completion Payments, including any portions of such payments payable in accordance with paragraphs (a) and (b) above, will be accrued during the Completion Cure Period and offset against payments otherwise due to the Vendor upon the achievement of Substantial Completion pursuant to the terms of subsection 6.

Completion Delay. (a) [ ] ---------------- [ ] (b) If any PCS System does not achieve Substantial Completion by the Guaranteed Substantial Completion Date but the Owner nonetheless chooses (in its sole discretion) to commence In Revenue Service in such incomplete PCS System (such action in no way constituting the Owner's acceptance, express or implied, of the System or such PCS System or any part thereof), then the Vendor will be required to pay, on a daily basis, only that percentage of the daily Late Completion Payment equal to that percentage of the geographic area to be otherwise covered by such PCS System not otherwise placed in In Revenue Service by the Owner. (c) In the event of a change in the Contract Price pursuant to subsections 6.2, 7.3 or 27.16 during the Term of this Contract from the amount originally set forth in this Contract pursuant to Section 6 the per diem amount of Late Completion Payments set forth above will be increased or decreased, as appropriate, by an amount equal to the increase or decrease in the Owner's per diem interest payment obligation resulting from any change in the amount of debt incurred or to be incurred by the Owner related to such change in the Contract Price. (d) Late Completion Payments, including any portions of such payments payable in accordance with paragraphs (a) and (b) above, will be accrued during the Completion Cure Period and offset against payments otherwise due to the Vendor upon the achievement of Substantial Completion pursuant to the terms of subsection 6.

Completion Delay. Any delay in Completing any Project Infrastructure resulting from either a Force Majeure Delay or Affordable Housing Project specific infrastructure changes as described above shall not constitute a default by Landowner under this Agreement, nor shall Landowner’s failure to Complete any Project Infrastructure (or Deferred Project Infrastructure) on or before the Project Infrastructure or Deferred Project Infrastructure Completion dates resulting from a Force Majeure Delay or project specific infrastructure changes constitute a default by Landowner under this Agreement, except to the extent that such delay is the result of the gross negligence or willful misconduct of Landowner or any contractor or agent of Landowner.

Completion Delay. (a) If Landlord shall be actually delayed in Substantially Completing the Landlord’s Work beyond the Intended Commencement Date as a result any of the following (collectively, “Tenant Delays”): 1. Any interference with the Landlord’s Work due to entry into the Building by Tenant, or any of Tenant’s agents, employees, licensees, contractors or subcontractors, which actually results in the delay of Substantial Completion of the Landlord’s Work beyond the Intended Commencement Date; or 2. Any matters specifically identified elsewhere in this Work Letter or in the Lease as Tenant Delays, then the date upon which Substantial Completion of the Landlord’s Work is deemed to have occurred shall be advanced by the cumulative duration of such Tenant Delays, and the date upon which the Lease Commencement Date shall be deemed to have occurred in advance by the cumulative duration of such Exhibit C 110015197v.8 Tenant Delays. A Tenant Delay shall not be deemed to have commenced until Landlord has provided written notice to Tenant that a Tenant Delay is occurring.

Completion Delay. For each day that the Initial System in a ---------------- Market fails to achieve System Acceptance due to the sole fault of Seller on or before the Guaranteed System Acceptance Date, Seller will pay to Customer an amount equal to .35 % (thirty-five hundredths of one percent) of the aggregate purchases ordered for such market through the Guaranteed System Acceptance Date for each day from the Guaranteed System Acceptance Date until the date when System Acceptance occurs (the "Late Acceptance Payment"). The amount due to Customer under the provisions of this subsection 1.16(b) shall be credited against any outstanding amounts due Seller for the affected Market up to a maximum of the unbilled amount to be invoiced upon System Acceptance of the Initial System and upon completion of all punch list items.

Completion Delay. A delay or failure by the City for any reason to complete construction of the City Interconnection Improvements, to any extent or by any date, shall not be a breach of this Water Supply Agreement or a City Event of Default. The parties acknowledge and agree, however, that a delay or failure by the City to complete the City Interconnection Improvements may impede the ability of the Project Company on a timely basis to commence and complete the Performance Test or to achieve the Commercial Operation Date. Accordingly, subject to Section 26.4(A) (Mitigation by the Project Company): (1) For each day during the period (a) commencing on the Scheduled City Interconnection Improvements Date and (b) ending on the day that the City Interconnection Improvements are completed to the level required to allow the Project Company to begin, continue and complete the Performance Test, and on which the Project Company has achieved Substantial Completion and is prepared to commence the Performance Test, the City shall pay the Project Company, as a Direct Payment, an amount equal to the daily general conditions costs reasonably incurred by the EPC Contractor attributable to the delay in beginning, continuing and completing the Performance Test; and (2) For each day during the period (a) commencing on the day that the Project Company would have achieved the Commercial Operation Date and been able to make available Product Water in daily volumes at least equal to the Baseline Daily Volume but for the failure of the City for any reason to have completed construction of the City Interconnection Improvements by the Scheduled City Interconnection Improvements Date to the level required to allow the Project Company to begin, continue and complete the Performance Test (but not earlier than a specified number of days following the Financial Closing Date agreed to by the parties and memorialized in a Contract Administration Memorandum no later than 180 days following the Contract Date), and