Daily Delay Damages. If a Guaranteed Project Milestone (other than Commercial Operations) has not been achieved by the applicable Guaranteed Project Milestone Date as extended as provided in Section 13.3 (Guaranteed Project and Reporting Milestone Dates), Company shall collect and Seller shall pay liquidated damages in the amount of $______ for each Day ("Daily Delay Damages") following the applicable Guaranteed Project Milestone Date, as extended in accordance with Section 13.3 (Guaranteed Project and Reporting Milestone Dates); provided, however, that the number of Days for which Company shall collect and Seller shall pay Daily Delay Damages for a failure to achieve a Guaranteed Project Milestone by the Guaranteed Project Milestone Date shall not exceed sixty (60) Days for each such missed Guaranteed Project Milestone Date (the "Construction Xxxxx XX Period"). [Note: Contract Capacity x $50/kW ÷ 180 Days = Daily Delay Damages.] If the Commercial Operations Date has not been achieved by the Guaranteed Commercial Operations Date as extended as provided in Section 13.3 (Guaranteed Project and Reporting Milestone Dates), in addition to any Daily Delay Damages collected pursuant to Section 13.4(a)(1), Company shall collect and Seller shall pay Daily Delay Damages following the Guaranteed Commercial Operations Date, as such date may be extended in accordance with Section 13.3 (Guaranteed Project and Reporting Milestone Dates), provided that the number of Days for which Company shall collect and Seller shall pay Daily Delay Damages for failing to achieve the Guaranteed Commercial Operations Date shall not exceed one hundred eighty (180) Days (the "COD Xxxxx XX Period").
Daily Delay Damages. Seller shall cause the Commercial Operation Date to occur on or before the Guaranteed Commercial Operation Date but no earlier than [? months] prior to the Guaranteed Commercial Operation Date. If the Commercial Operation Date does not occur on or before the Guaranteed Commercial Operation Date, to compensate Buyer for the failure to provide Contract Capacity from the Facility, Seller shall pay Buyer delay damages equal to the Daily Delay Damages times Contract Capacity for each Day or portion of a Day until that Day that the Commercial Operation Date occurs from and after the Guaranteed Commercial Operation Date. Each Party agrees and acknowledges that (a) the damages that Buyer would incur for the failure to provide energy from the Facility due to delay in achieving the Commercial Operation Date on or before the Guaranteed Commercial Operation Date would be difficult or impossible to predict with certainty, and (b) the Daily Delay Damages mechanism is an appropriate approximation of such damages. This Section 2.3 shall not limit the amount of damages payable to Buyer if this Agreement is terminated as a result of Seller’s failure to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date and any such damages shall be determined in accordance with Section 10.7. In addition, this Section 2.3 shall not limit the damages payable to Buyer for matters resulting from delay in achieving the Commercial Operation Date other then the failure to provide energy from the Facility.
Daily Delay Damages. “Daily Delay Damages” shall have the definition set forth in the Power Purchase Agreement.
Daily Delay Damages. If Seller has not satisfied the conditions set forth in Section 2.04 for the Initial Delivery Date of the Project by the Expected Initial Delivery Date, Seller shall owe and pay to SCE the applicable Daily Delay Damages for each day of delay beyond the Expected Initial Delivery Date up to the number of remaining days until [Insert date that is three hundred sixty-five (365) days after the Expected Initial Delivery Date]. SCE shall be entitled to recover the Daily Delay Damages owed by Seller by drawing on and/or retaining any Delivery Date Security.
Daily Delay Damages. COD. Seller shall cause the Project to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date; provided, however, that the Commercial Operation Date shall not occur more than one hundred eighty (180) days prior to the Guaranteed Commercial Operation Date. If the Commercial Operation Date occurs after the Guaranteed Commercial Operation Date, Seller shall pay to Buyer liquidated damages equal to Daily Delay Damages for each day or portion of a day that the Commercial Operation Date occurs after the Guaranteed Commercial Operation Date for up to a total of [_______] days (“Project Cure Period”). In addition, Seller shall submit a Remedial Action Plan within ten (10) days after the Guaranteed Commercial Operation Date if the Project has not then achieved the Commercial Operation Date. Each Party agrees and acknowledges that (a) the actual damages that Buyer would incur due to a delay in achieving the Commercial Operation Date on or before the Guaranteed Commercial Operation Date would be difficult or impossible to predict with certainty, (b) the Daily Delay Damages set forth in this section are a reasonable and appropriate approximation of such damages, and (c) the Daily Delay Damages set forth in this section are the exclusive remedy for Seller’s delay in achieving the Commercial Operation Date for the length of the Project Cure Period but shall not otherwise act to limit any of Buyer’s rights or remedies arising from any other Event of Default by Seller, including, without limitation, the failure by Seller to achieve the Commercial Operation Date altogether.
Daily Delay Damages. COD. Seller shall cause the Project to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date; provided, however, that the Commercial Operation Date shall not occur more than one hundred eighty (180) days prior to the Guaranteed Commercial Operation Date. [
Daily Delay Damages. (i) If a Guaranteed Project Milestone (other than Commercial Operations) has not been achieved by the applicable Guaranteed Project Milestone Date, as extended as provided in Section 11.4 (Milestone Dates), Company shall collect and Seller shall pay liquidated damages in the amount of $ (“Daily Delay Damages”) for each Day following the applicable Guaranteed Project Milestone Date, as extended in accordance with Section 11.4 (Milestone Dates); provided, however, that the number of Days for which Company shall collect and Seller shall pay Daily Delay Damages for a failure to achieve a Guaranteed Project Milestone by the Guaranteed Project Milestone Date shall not exceed sixty (60) Days for each such missed Guaranteed Project Milestone Date (the “Construction Xxxxx XX Period”). [Note: Daily Delay Damages = Contract Capacity x $50/kW ÷ 180 Days]
Daily Delay Damages. The amounts payable by Seller under Section 2.4(B)(3) (Daily Delay Damages and Termination Right) shall constitute Liquidated Damages under this Article 9 (Liquidated Damages) and Seller shall be pay such amounts in accordance with the provisions of Section 2.4(B)(3) (Daily Delay Damages and Termination Right).
Daily Delay Damages. If the Commercial Operations Date has not been achieved by the later of the Guaranteed Commercial Operations Date or the expiration of any applicable grace period provided in Section 13.3 (Guaranteed Project Milestone Dates), Company shall collect and Seller shall pay liquidated damages in the amount of $______ for each Day ("Daily Delay Damages") following the Guaranteed Commercial Operations Date or (if applicable) the expiration of such grace period that Seller fails to achieve the Commercial Operations Date, provided that the number of Days for which Company shall collect and Seller shall pay Daily Delay Damages shall not exceed one hundred eighty (180) Days. [Note: Contract Capacity x $50/kW ÷ 180 Days = Daily Delay Damages.]
Daily Delay Damages. In addition to the preparation of a Remedial Action Plan in accordance with Section 4.2(b), if Seller fails to achieve Commercial Operation by the Guaranteed Commercial Operation Date (as extended pursuant to the provisions hereof), Seller shall pay Buyer the Daily Delay Damages for each day between the Guaranteed Commercial Operation Date and the actual Commercial Operation Date. Seller’s aggregate liability for Daily Delay Damages shall not exceed the amount of the Development Security required to be posted pursuant to Section 5.3(b) (“Daily Delay Damages Cap”). If Seller’s liability for Daily Delay Damages exceeds the Daily Delay Damages Cap, Seller shall have the option to pay Daily Delay Damages in excess of the Daily Delay Damages Cap, which option shall be exercised by Seller in a written notice delivered to Buyer that covers periods of at least ten (10) Business Days each (a “Xxxxx XX Liability Extension Notice”) and payment of additional Daily Delay Damages. If Seller has not delivered to Buyer a Xxxxx XX Liability Extension Notice for any period after the Daily Delay Damages Cap has been reached, then Buyer shall have the right to terminate this Agreement upon ten (10) Business Days' notice to Seller (provided that Commercial Operation has not been achieved or Seller has not delivered another Xxxxx XX Liability Extension Notice) (such termination, an “Extended Delay Termination”). If extensions granted by Xxxxx XX Liability Extension Notices total three hundred sixty (360) days and Seller has still not achieved Commercial Operation, Buyer shall have the right to terminate this Agreement upon ten (10) Business Days’ notice to Seller.
