Common use of Delay Damages Clause in Contracts

Delay Damages. (a) If the Commercial Operation Date is not achieved by the Guaranteed Commercial Operation Date (as extended pursuant to Sections 3.1(c) -(d) and 10.1), Seller shall pay to Buyer damages for each day from and after such date in an amount equal to $235.10 per day, commencing on the Guaranteed Commercial Operation Date (as extended pursuant to Sections 3.1(c)-(d) and 10.1) 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, or (iii) the date that is twelve (12) months after the Guaranteed Commercial Operation Date (“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.

Delay Damages. (a) If the Commercial Operation Date is not achieved by the Guaranteed Commercial Operation Date (as extended pursuant to Sections 3.1(c) -(d) and 10.1), Seller shall pay to Buyer damages for each day from and after such date in an amount equal to $235.10 per day2,517, commencing on the Guaranteed Commercial Operation Date (as extended pursuant to Sections 3.1(c)-(d3.1(c) and 10.1) 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, or (iii) the date that is twelve (12) months after the Guaranteed Commercial Operation Date (“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.. For purposes of illustration, an example calculation of Delay Damages is set forth on Exhibit F.

Delay Damages. (a) If the Commercial Operation Date is not achieved by the Guaranteed Commercial Operation Delivery Term Start Date (as extended pursuant to Sections 3.1(c) -(dand 10.1),3.1(c) and 10.1through 3.1(f)), Seller shall pay to Buyer damages for each day from and after such date in an amount equal to $235.10 100.00 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 Commercial Operation Delivery Term Start Date (as extended pursuant to Sections 3.1(c)-(d3.1(c) and 10.110.1)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, or or9.3, and (iii) the date that is twelve (12) months after the Guaranteed Commercial Operation Delivery Term Start Date (“Delay Damages”). Delay Damages shall be due under this Section 3.2(a3.2(a)3.2(a) without regard to whether Buyer exercises its right to terminate this Agreement pursuant to Section 9.39.3;9.3; provided, however, that if Buyer exercises its right to terminate this Agreement under Section 9.39.3,9.3, Delay Damages shall be due and owing only to the extent that such Delay Damages were due and owing at the date of such termination.

Delay Damages. (a) If the Commercial Operation Date is not achieved by the Guaranteed Commercial Operation Date (as extended pursuant to Sections 3.1(c) -(d) and 10.1), Seller shall pay to Buyer damages for each day from and after such date in an amount equal to $235.10 per day2,374, commencing on the Guaranteed Commercial Operation Date (as extended pursuant to Sections 3.1(c)-(d3.1(c) and 10.1) 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, or (iii) the date that is twelve (12) months after the Guaranteed Commercial Operation Date (“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.. For purposes of illustration, an example calculation of Delay Damages is set forth on Exhibit F.

Delay Damages. (a) If the Commercial Operation Date is not achieved by the Guaranteed Commercial Operation Date (as extended pursuant to Sections 3.1(c) -(d) and 10.1), Seller shall pay to Buyer damages for each day from and after such date in an amount equal to $235.10 221.70 per day, commencing on the Guaranteed Commercial Operation Date (as extended pursuant to Sections 3.1(c)-(d) and 10.1) 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, or (iii) the date that is twelve (12) months after the Guaranteed Commercial Operation Date (“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.

Delay Damages. (a) If the Commercial Operation Date is not achieved by the Guaranteed Commercial Operation Date (as extended pursuant to Sections 3.1(c) -(d) and 10.1), Seller shall pay to Buyer damages for each day from and after such date in an amount equal to $235.10 399.60 per day, commencing on the Guaranteed Commercial Operation Date (as extended pursuant to Sections 3.1(c)-(d) and 10.1) 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, or (iii) the date that is twelve (12) months after the Guaranteed Commercial Operation Date (“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.

Delay Damages. (a) If the Commercial Operation Date is not achieved by the Guaranteed Commercial Operation Date (as extended pursuant to Sections 3.1(c) -(d) and 10.1), Seller shall pay to Buyer damages for each day from and after such date in an amount equal to $235.10 per day940, commencing on the Guaranteed Commercial Operation Date (as extended pursuant to Sections 3.1(c)-(d3.1(c) and 10.1) 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, or (iii) the date that is twelve (12) months after the Guaranteed Commercial Operation Date (“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.

Delay Damages. (a) If the Commercial Operation Date is not achieved by the Guaranteed Commercial Operation Delivery Term Start Date (as extended pursuant to Sections 3.1(c) -(d) and 10.1), Seller shall pay to Buyer damages for each day from and after such date in an amount equal to $235.10 100.00 per dayMWh per hour of Contract Maximum Amount, commencing on the Guaranteed Commercial Operation Delivery Term Start Date (as extended pursuant to Sections 3.1(c)-(d3.1(c) and 10.1) 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, or (iii) the date that is twelve (12) months after the Guaranteed Commercial Operation Delivery Term Start Date (“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.

Delay Damages. (a) If the Commercial Operation Date is not achieved by the Guaranteed Commercial Operation Date (as extended pursuant to Sections 3.1(c) -(d) and 10.1), Seller shall pay to Buyer damages for each day from and after such date in an amount equal to $235.10 376.80 per day, commencing on the Guaranteed Commercial Operation Date (as extended pursuant to Sections 3.1(c)-(d) and 10.1) 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, or (iii) the date that is twelve (12) months after the Guaranteed Commercial Operation Date (“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.