Common use of Delay Damages Clause in Contracts

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 event, 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 per MW per day) multiplied by the Payment Quantity set forth in section 3.2(a)(iv); 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, and Seller shall remit payment for such amount within ten (10) Business Days. 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. Notwithstanding the foregoing in this Section 2.4(a), if Buyer purchases an amount of Product pursuant to Section 2.3 of this Agreement, then such amount shall be subtracted from the Payment Quantity amount for purposes of calculating the Delay Damages amount.

Delay Damages. (a) If Seller has the Commercial Operation Date is not achieved by the Initial Delivery Commercial Operation Date as of the Expected Initial Delivery Date for reasons other than a Force Majeure event, 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 occursDeadline, Seller shall pay to Buyer liquidated damages in Delay Damages for each day after the amount Commercial Operation Date Deadline until the Facility achieves Commercial Operation; 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 six hundred sixty-six dollars and sixty-seven cents per MW per day ($666.67 per MW per day) multiplied by the Payment Quantity set forth in section 3.2(a)(iv); all or any portion effective date of such damages are “Delay Damagestermination.” 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, and Seller shall remit payment for such amount within ten (10b) Business Days. Each Party agrees and acknowledges that (i) the damages that Xxxxx would incur due to Seller’s 's delay in achieving or inability to achieve any Condition Precedent, the Expected Initial Delivery Completion Deadline and/or the Commercial Operation Date Deadline would be difficult or impossible to predict with certainty 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 forth herein are an appropriate approximation a fair and reasonable calculation of such damages. Notwithstanding the foregoing 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 andjor Commercial Operation Date Deadline, or otherwise. Any such termination damages shall be determined in this accordance with Section 2.4(a11.3. (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), if Buyer purchases 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 Product pursuant immediately available funds to Section 2.3 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 this Agreementsuch Delay Damages, then such amount shall be subtracted from the Payment Quantity amount and Xxxxx may exercise any other remedies available for purposes of calculating the Delay Damages amountSeller's default hereunder.

Delay Damages. If Seller has In the event the Commercial Operation Date does not achieved occur on or prior to the Initial Delivery Guaranteed Commercial Operation Date as of the Expected Initial Delivery Date for reasons other than and such delay is not directly attributable to a Force Majeure eventEvent (as reasonably determined by Buyer), then for every each day beginning with the day after the Expected Initial Delivery Guaranteed Commercial Operation Date indicated on Attachment 2 [Facility Information], through and including the date on which the Initial Delivery Date date Commercial Operation actually occurs, Buyer's exclusive remedy shall be payment by Seller shall pay to Buyer of liquidated damages in the amount of six the Development Security identified in Article 16.2 [Security] divided by one hundred sixty-six dollars and sixty-seven cents per MW per twenty (120) for every day ($666.67 per MW per day) multiplied COD is delayed beyond the Guaranteed Commercial Operation Date. Buyer shall have the right to terminate the Agreement by the Payment Quantity Guaranteed COD date if Commercial Operation has not been achieved. The Parties acknowledge and agree that the amount of Delay Damages constitutes a fair and reasonable approximation of the damages Buyer will incur as a result of delay in the Initial Delivery Date and is not intended as, nor shall it be deemed, a penalty. The rights set forth in section 3.2(a)(iv); all or any portion of such damages are “pursuant to this Article 13.6 [Delay Damages.” If Delay Damages are due, then Buyer ] and in connection with Article 16.1 [Seller Credit] 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 be Buyer's exclusive remedy for Delay Damages, Buyer shall invoice Seller for the amount still owed to Buyer on a monthly basis during the period of the delay, and Seller shall remit payment for such amount within ten (10) Business Days. Each Party agrees that (i) the damages that Xxxxx would incur due to Seller’s 's delay in achieving the Expected Guaranteed Initial Delivery Date would Date. The Seller agrees to prosecute the work continuously and diligently and no charges or claims for damages shall be difficult made by it for any delays or impossible to predict with certainty and (ii) hindrances from any cause whatsoever during the Delay Damages are an appropriate approximation progress of such damages. Notwithstanding any portion of the foregoing work specified in this Section 2.4(a), if Buyer purchases an amount of Product pursuant to Section 2.3 of this Agreement, then such amount shall be subtracted from the Payment Quantity amount for purposes of calculating the Delay Damages amountContract except as provided herein.

Delay Damages. If Seller has not achieved the Initial Delivery Date as of the Expected Initial Delivery Date for reasons other than an extension due to a Force Majeure eventevent [affecting the Project]6, then for every day calendar month beginning with the day after calendar month of the Expected Initial Delivery Date through and including the date on which calendar month prior to that calendar month when the Initial Delivery Date occurs, Seller shall pay to Buyer liquidated damages in the amount of six hundred sixty-six twenty thousand dollars and sixty-seven cents per MW per day calendar month ($666.67 per 20,000/MW per day) multiplied by the Payment Quantity set forth in section 3.2(a)(ivcalendar month); 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 Delivery Term Security, provided that if the Project Development Delivery Term Security is not adequate to compensate Buyer for the Delay Damages, Buyer shall invoice Seller for the amount still owed to Buyer on a monthly basis during the period of the delay, and Seller shall remit payment for such amount within ten (10) Business Days. 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. Notwithstanding the foregoing in this Section 2.4(a), if Buyer purchases an amount of Product pursuant to Section 2.3 of this Agreement, then such amount shall be subtracted from the Payment Quantity amount for purposes of calculating the Delay Damages amount.

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 eventextension, 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 per MW per day) multiplied by the Payment Quantity set forth in section 3.2(a)(iv); all 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, and Seller shall remit payment for such amount within ten (10) Business Daysbusiness days. 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. Notwithstanding the foregoing in this Section 2.4(a), if Buyer purchases an amount of Product Capacity Attributes pursuant to Section 2.3 of this Agreement, then such amount shall be subtracted from the Payment Quantity amount for purposes of calculating the Delay Damages amount.

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 eventextension, or Plan Extension as set forth in Section 11.2(a)(i), 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 three-hundred sixtyand twenty-six five dollars and sixty-seven cents per MW per day ($666.67 per 325.00/MW per day) multiplied by the Payment Quantity set forth in section 3.2(a)(iv)Quantity; 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, and Seller shall remit payment for such amount within ten (10) Business Days. 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. Notwithstanding the foregoing in this Section 2.4(a), if Buyer purchases an amount of Product pursuant to Section 2.3 of this Agreement, then such amount shall be subtracted from the Payment Quantity amount for purposes of calculating the Delay Damages amount.

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 event, 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 per MW per day) multiplied by the Payment Quantity set forth in section 3.2(a)(iv); 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, and Seller shall remit payment for such amount within ten (10) Business Days. 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. Notwithstanding the foregoing in this Section 2.4(a), if Buyer purchases an amount of Product pursuant to Section 2.3 of this Agreement, then such amount shall be subtracted from the Payment Quantity amount for purposes of calculating the Delay Damages amount.