Delay Damages. If the Commercial Operation Date is not achieved by the date set forth therefor in Section 3.1(a) (as extended pursuant to Section 3.1(c)), Seller shall pay to Buyer damages for each month from and after such date until the Commercial Operation Date at the rate of $1.50 per kwh of Contract Maximum Amount up to a maximum of twelve (12) months of delay, pro rated for partial months (“Delay Damages”). Delay Damages shall be due under this Section 3.2(a) without regard to whether Buyer exercises its right to terminate this Agreement pursuant to Section 9.3; provided, however, that if Buyer exercises its right to terminate this Agreement under Section 9.3, Delay Damages shall be due and owing to the extent that such Delay Damages were due and owing at the date of such termination. If the Facility has not achieved the Commercial Operation by the date set forth therefor in Section 3.1(a) (as the same may be extended in accordance with Section 3.1(c)), for any reason, Seller shall have the right to terminate this Agreement at any time after that deadline date (as so extended) until either the Facility achieves the Commercial Operation Date or Buyer terminates this Agreement under Section 9.3 (regardless of whether or not Seller elected to continue to construct the Project). In the event Seller so terminates this Agreement, Seller shall be liable to Buyer on the date of such termination for (x) the entire amount of Delay Damages that would otherwise accrue (or have accrued) by such date plus (y) the undrawn amount of any Development Period Security provided to Buyer by Seller; provided, however, that if Seller terminates this Agreement on the deadline set forth for the Commercial Operation Date in Section 3.1(a) (as the same may be extended in accordance with Section 3.1(c)), Seller shall not be required to pay any Delay Damages hereunder but shall forfeit the Development Period Security. Subject to the foregoing sentence, neither Party shall have any liability to the other Party with respect to a termination of this Agreement by Seller under this Section 3.2(b). Each Party agrees and acknowledges that (i) the damages that Buyer would incur due to Seller’s delay in achieving the Commercial Operation Date would be difficult or impossible to predict with certainty, and (ii) it is impractical and difficult to assess actual damages in the circumstances stated, and therefore the Delay Damages and other damages as agreed to by the Parties and set forth herein are a fair ...
Delay Damages. If Seller has not achieved the Initial Delivery Date as of the Expected Initial Delivery Date for reasons other than a Force Majeure extension, then for every day beginning with the day after the Expected Initial Delivery Date through and including the date on which the Initial Delivery Date occurs, Seller shall pay to Buyer liquidated damages in the amount of six hundred sixty-six dollars and sixty-seven cents per MW per day ($666.67/MW per day); all or any portion of such damages are “Delay Damages”. If Delay Damages are due, then Buyer shall provide Notice to Seller of the amounts due and Buyer may draw such amounts due from the Project Development Security, provided that if the Project Development Security is not adequate to compensate Buyer for Delay Damages, Buyer shall invoice Seller for the amount still owed to Buyer on a monthly basis during the period of the delay. Each Party agrees that (i) the damages that Xxxxx would incur due to Seller’s delay in achieving the Expected Initial Delivery Date would be difficult or impossible to predict with certainty and (ii) the Delay Damages are an appropriate approximation of such damages.
Delay Damages. (a) If the Commercial Operation Date is not achieved by the Commercial Operation Date Deadline, Seller shall pay to Buyer Delay Damages for each day after the Commercial Operation Date Deadline until the Facility achieves Commercial Operation as liquidated damages for such delay; provided, however, that if Buyer exercises its right to terminate this Agreement under Sections 11.2 and 11.3, Delay Damages shall be due and owing to the extent that such Delay Damages were due and owing as of the effective date of such termination.
(b) Each Party agrees and acknowledges that (i) the damages that Buyer would incur due to Seller’s delay in achieving or inability to achieve any Condition Precedent, the Completion Deadline and/or the Commercial Operation Date Deadline would be difficult or impossible to predict with certainty, and (ii) it is impractical and difficult to assess actual damages in the circumstances stated, and therefore the Extension Payments, the liquidated damages provided at the end of Section 4.2, the termination rights and damage calculations under Sections 5.3(c) and 9.3(a), and the Delay Damages all as agreed to by the Parties as set ELECTRONICALLY FILED - 2021 June 7 6:26 PM - SCPSC - Docket # 2021-88-E - Page 22 of 150 forth herein are a fair and reasonable calculation of such damages. Notwithstanding the foregoing, this Article 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 Completion Deadline and/or Commercial Operation Date Deadline, or otherwise. Any such termination damages shall be determined in accordance with Section 11.3.
(c) By the tenth (10th) day following the end of the calendar month in which Delay Damages first become due and continuing by the tenth (10th) day of each calendar month during the period in which Delay Damages accrue (and the following months if applicable), Buyer shall deliver to Seller an invoice showing Xxxxx’s computation of such damages and any amount due Buyer in respect thereof for the preceding calendar month. No later than ten (10) days after receiving such an invoice, Seller shall pay to Buyer, by wire transfer of immediately available funds to an account specified in writing by Buyer 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. If Seller fails to pay such amounts when due, Buyer may draw upon any Development Period Credit Support for payment of...
Delay Damages. If Commercial Operation is not achieved on or before the Scheduled Commercial Operation Date, Seller shall pay Delay Damages to PGE from and after the Scheduled Commercial Operation Date up to, but not including, the earlier date to occur of (a) the Facility achieves Commercial Operation, or (b) the Guaranteed Commercial Operation Date.
Delay Damages. If Provider has not achieved the Initial Shown Date as of the Expected Initial Shown Date for reasons other than an extension due to a Force Majeure event affecting the Project, then for every calendar month beginning with the calendar month of the Expected Initial Shown Date through and including the calendar month prior to that calendar month in which the Initial Shown Date occurs, Provider shall pay to CPE liquidated damages in the amount of twenty thousand dollars per MW per calendar month ($20,000.00/MW per calendar month); all or any portion of such damages are “Delay Damages”. If Delay Damages are due, then CPE shall provide Notice to Provider of the amounts due and CPE may draw such amounts due from the Project Development Security, provided that if the Project Development Security is not adequate to compensate CPE for Delay Damages, CPE shall invoice Provider for the amount still owed to CPE on a monthly basis during the period of the delay. Each Party agrees that (i) the damages that CPE would incur due to Provider’s delay in achieving the Expected Initial Shown Date would be difficult or impossible to predict with certainty and (ii) the Delay Damages are an appropriate approximation of such damages.
Delay Damages. (a) If the Commercial Operation Date is not achieved by the Guaranteed Delivery Term Start Date (as extended pursuant to Sections 3.1(c) through 3.1(f)), Seller shall pay to Buyer damages for each day from and after such date in an amount equal to $100 per MWh per hour of Contract Maximum Amount (e.g., if the Contract Maximum Amount were 364 MWh per hour Seller would pay Buyer damages in the amount of $36,400 per day), commencing on the Guaranteed Delivery Term Start Date (as extended pursuant to Sections 3.1(c) through 3.1(f)) and ending on the earlier of (i) the Commercial Operation Date, (ii) the date that Buyer exercises its right to terminate this Agreement under Section 9.3, and (iii) the date that is twelve
Delay Damages. If the Contractor neglects, fails, or refuses to complete the Work within the time specified for Substantial Completion in this Agreement, then the Contractor does hereby agree to pay to the Owner, as liquidated damages (“Delay Liquidated Damages”) and not as a penalty, the sum of one half of one percent (0.5%) of the Agreement Sum per day for each calendar day beyond the Substantial Completion Date in this Agreement until Substantial Completion is achieved. The said amount is fixed and agreed on by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the true value of the damages which the Owner will sustain by failure of the Contractor to complete the Work on time, such as loss of revenue, service charges, interest charges, delays caused to other construction activities of Owner by failure to perform this Contract, and other damages, some of which are indefinite and not susceptible of easy proof. The Delay Liquidated Damages amount is agreed to be a reasonable estimate of the amount of damages which the Owner will sustain and said amount shall be deducted from any monies due or that may become due to the Contractor. If monies owed to Contractor under this Agreement are insufficient to cover said Delay Liquidated Damages, then the Contractor shall pay the amount of the difference.
Delay Damages. If the Contractor fails to comply with sub-clause 8.2 [Time for Completion], the Contractor shall subject to sub-clause 2.5 [Employer's Claims] pay delay damages to the Employer for this default. These delay damages shall be the sum stated in the Particular Conditions, which shall be paid for every day which shall elapse between the relevant Time for Completion and the date stated in the (or each) Taking-Over Certificate. However, the total amount due under this sub-clause shall not exceed the maximum amount of delay damages stated in the Particular Conditions. These delay damages shall be the only damages due from the Contractor for such default, other than in the event of termination under sub-clause 15.2 [Termination by Employer] prior to completion of the Works. These damages shall not relieve the Contractor from its obligation to complete the Works, or from any other duties, obligations or responsibilities which it may have under the Contract. 8.8 - 8.13 [Not used]
Delay Damages. The Contractor shall not make any claim against the Owner for an increase in the Contract Amount, or for any damages, losses or additional expenses which the Contractor may suffer as a result of any delay in the completion of the Work (regardless of the circumstances giving rise to the delay), with the exception of the following:
i. Delays caused by fraud, misrepresentation, concealment or other bad faith by the Owner, ii. Delays caused by active interference by the Owner, or
Delay Damages. The Subcontractor / PRW shall complete the whole of the Works fit for the purpose and each Section / Milestone thereof within the stipulated Time for Completion of Works. If the Subcontractor / PRW fail to complete the Works or each Section / Milestone thereof within the stipulated Time for Completion, the Subcontractor / PRW shall pay Delay Damages to the Company for this default at 0.75% of Accepted Subcontract Amount per week beyond stipulated Time for Completion subject to maximum of 10% of Accepted Subcontract Amount. Delay Damages, without prejudice to any other method of recovery, be deducted by the Company from any amount due or which may become due to the Subcontractor / PRW or shall be recovered as a debt. For this purpose, the Company shall also have the right to invoke Cross Fall Breach and Set Off provisions of Clause 24.
