Contract Termination Damages. If Seller does not achieve Commercial Operation on or before the Guaranteed Commercial Operation Date, PGE shall have the right to terminate this Agreement upon ten (10) Days’ notice to Seller, and Seller shall pay to PGE, as liquidated damages, Contract Termination Damages equal to $200 per kW of Generating Facility Nameplate Capacity plus $200 per kW of Contract Storage Capacity (the “Contract Termination Damages”) in addition to all Delay Damages paid or payable pursuant to Section 3.1.15.
Contract Termination Damages. If Seller does not achieve Commercial Operation on or before the Guaranteed Commercial Operation Date, PGE shall have the right to terminate this Agreement upon ten (10) Days notice to Seller, and Seller shall pay to PGE, as liquidated damages, Contract Termination Damages equal to $200 per kW of Nameplate Capacity (the “Contract Termination Damages”) in addition to all Delay Damages paid or payable pursuant to Section 3.1.113.1.103.1.11. 3.1.123.1.13 Damages Invoicing. By the tenth (10th) day following the end of the calendar month in which Delay Damages begin to accrue, as applicable, and continuing on the tenth (10th) day of each calendar month during the period in which Delay Damages accrue (and the following months, if applicable), PGE shall deliver to Seller an invoice showing PGE’s computation of such damages and any amount due PGE in respect thereof for the preceding calendar month. No later than ten (10) days after receiving such an invoice and subject to Section 7.2 and Section 7.3, Seller shall pay to PGE, by wire transfer of immediately available funds to an account specified in writing by PGE or by any other means agreed to by the Parties in writing from time to time, the amount set forth as due in such invoice.
