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. 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 12.2(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 In the event that the Initial Delivery Date as of occurs after the Expected Initial Delivery Date Date, Seller will be required to pay to Buyer liquidated damages in the amount of three hundred and sixty-five dollars per day ($365.00/day) multiplied by the Monthly Contract Capacity (measured in MWs) during the Summer Months and seventy-five dollars per day ($75.00/day) multiplied by the Monthly Contract Capacity (measured in MWs) during the Non-Summer Months, for reasons other than a Force Majeure event, then for every each 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 occurs up to Buyer liquidated damages in the amount a maximum of six hundred sixty-six dollars and sixty-seven cents per MW per day [twelve ($666.67 per MW per day12) multiplied by the Payment Quantity set forth in section 3.2(a)(iv)months for New Facilities; all or three (3) months for Existing Facilities] (any portion of which, or all, such damages payments are “Delay Damages.” ”). Delay Damages shall be separate from and in addition to any Termination Payment, if any, owed by Seller. 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 SecuritySecurity for New Facilities][Pre-Delivery Term Security for Existing Facilities], provided that if the [Project Development Security for New Facilities][Pre-Delivery Term Security for Existing Facilities] 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 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 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. 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 In the event that the Initial Delivery Date as of occurs after the Expected Initial Delivery Date Date, Seller will be required to pay to Buyer liquidated damages in the amount of three hundred and sixty-five dollars per day ($365.00/day) multiplied by the Monthly Contract Capacity (measured in MWs) during the Summer Months and seventy-five dollars per day ($75.00/day) multiplied by the Monthly Contract Capacity (measured in MWs) during the Non-Summer Months, for reasons other than a Force Majeure event, then for every each 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 occurs up to Buyer liquidated damages in the amount a maximum of six hundred sixty-six dollars and sixty-seven cents per MW per day [twelve ($666.67 per MW per day12) multiplied by the Payment Quantity set forth in section 3.2(a)(iv)months for New Facilities; all or three (3) months for Existing Facilities] (any portion of which, or all, such damages payments are “Delay Damages.” ”). Delay Damages shall be separate from and in addition to any Termination Payment, if any, owed by Seller. 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 SecuritySecurity for New Facilities][Pre- Delivery Term Security for Existing Facilities], provided that if the [Project Development Security for New Facilities][Pre-Delivery Term Security for Existing Facilities] 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.