Common use of Delay Delivery Damages Clause in Contracts

Delay Delivery Damages. The Parties acknowledge that Purchaser will suffer damages that will be difficult to ascertain if Purchaser fails to Deliver any Major Turbine Component within thirty (30) days of the applicable date of Delivery set forth in the Delivery Schedule. Consequently, the Parties agree that Supplier will pay Purchaser, if any Major Turbine Component is Delivered thirty (30) days or more late and such delay was not due to any Force Majeure Event or breach by Purchaser of any of its obligations under this Agreement, the following amount as liquidated damages: For each full day after the first thirty (30) days following the date that the Delivery of such Major Turbine Component is delayed beyond the date specified in the Delivery Schedule, an amount equal to $***** per Turbine per day for the first fifteen (15) days after delay payments become payable, an amount equal to $***** per day for the next fifteen (15) days, and an amount equal to $***** per day thereafter (the “Delay Delivery Damages”); provided that, in no event shall the aggregate Delay Delivery Damages payable hereunder exceed ***** percent (*****%) of the pro-rata portion of the Purchase Price applicable to the Turbine for which such delayed Major Turbine Component is a component. It is understood and acknowledged by the Parties that if more than one Major Turbine Component applicable to a Turbine is delivered late, the liquidated damages applicable to the Turbine will not exceed $***** per day (for the first 15 days after delay payments become payable), $***** per day (for the next 15 days of delay payments), and $***** per day (for delay payments thereafter), as applicable. The Parties acknowledge and agree that the Delay Delivery Damages set forth above are a reasonable estimate of the damages Purchaser will suffer because of late Delivery of any Major Turbine Component and that, therefore, the Delay Delivery Damages set forth herein shall be Purchaser’s sole and exclusive remedy with respect to such Delivery delays.

Delay Delivery Damages. The Parties acknowledge that Purchaser will suffer damages that will be difficult to ascertain if Purchaser fails to Deliver any Major Turbine Component within thirty (30) days of the applicable date of Delivery set forth in the Delivery Schedule. Consequently, the Parties agree that Supplier will pay Purchaser, if any Major Turbine Component is Delivered thirty (30) days or more late and such delay was not due to any Force Majeure Event or breach by Purchaser of any of its obligations under this Agreement, the following amount as liquidated damages: For each full day after the first thirty (30) days following the date that the Delivery of such Major Turbine Component is delayed beyond the date specified in the Delivery Schedule, an amount equal to $***** per Turbine per day for the first fifteen (15) days after delay payments become payable, an amount equal to $***** per day for the next fifteen (15) days, and an amount equal to $***** per day thereafter (the “Delay Delivery Damages”); provided that, in no event shall the aggregate Delay Delivery Damages payable hereunder exceed ***** percent (*****%) of the pro-rata portion of the Purchase Price applicable to the Turbine for which such delayed Major Turbine Component is a component. It is understood and acknowledged by the Parties that if more than one Major Turbine Component applicable to a Turbine is delivered late, the liquidated damages applicable to the Turbine will not exceed $***** per day (for the first 15 days after delay payments become payable), $***** per day (for the next 15 days of delay payments), and $***** per day (for delay payments thereafter), as applicable. The Parties acknowledge and agree that the Delay Delivery Damages set forth above are a reasonable estimate of the damages Purchaser will suffer because of late Delivery of any Major Turbine Component and that, therefore, the Delay Delivery Damages set forth herein shall be Purchaser’s sole and exclusive remedy with respect to such Delivery delays.

Delay Delivery Damages. The Parties acknowledge that Purchaser will suffer damages that will be difficult to ascertain if Purchaser fails to Deliver any Major Turbine Component within thirty (30) days of the applicable date of Delivery set forth in the Delivery Schedule. Consequently, the Parties agree that Supplier will pay Purchaser, if any Major Turbine Component is Delivered thirty (30) days or more late and such delay was not due to any Force Majeure Event or breach by Purchaser of any of its obligations under this Agreement, the following amount as liquidated damages: For each full day after the first thirty (30) days following the date that the Delivery of such Major Turbine Component is delayed beyond the date specified in the Delivery Schedule, an amount equal to $***** per Turbine per day for the first fifteen (15) days after delay payments become payable, an amount equal to $***** per day for the next fifteen (15) days, and an amount equal to $***** per day thereafter (the “Delay Delivery Damages”); provided that, in no event shall the aggregate Delay Delivery Damages payable hereunder exceed ***** percent (*****%) of the pro-rata portion of the Purchase Price applicable to the Turbine for which such delayed Major Turbine Component is a component. It is understood and acknowledged by the Parties that if more than one Major Turbine Component applicable to a Turbine is delivered late, the liquidated damages applicable to the Turbine will not exceed $***** per day (for the first 15 days after delay payments become payable), $***** per day (for the next 15 days of delay payments), and $***** per day (for delay payments thereafter), as applicable. The Parties acknowledge and agree that the Delay Delivery Damages set forth above are a reasonable estimate of the damages Purchaser will suffer because of late Delivery of any Major Turbine Component and that, therefore, the Delay Delivery Damages set forth herein shall be Purchaser’s sole and exclusive remedy with respect to such Delivery delays.

Delay Delivery Damages. The Parties acknowledge that Purchaser will suffer damages that will be difficult to ascertain if Purchaser fails to Deliver any Major Turbine Component within thirty (30) days of the applicable date of Delivery set forth in the Delivery Schedule. Consequently, the Parties agree that Supplier will pay Purchaser, if any Major Turbine Component is Delivered thirty (30) days or more late and such delay was not due to any Force Majeure Event or breach by Purchaser of any of its obligations under this Agreement, the following amount as liquidated damages: For each full day after the first thirty (30) days following the date that the Delivery of such Major Turbine Component is delayed beyond the date specified in the Delivery Schedule, an amount equal to $***** per Turbine per day for the first fifteen (15) days after delay payments become payable, an amount equal to $***** per day for the next fifteen (15) days, and an amount equal to $***** per day thereafter (the “Delay Delivery Damages”); provided that, in no event shall the aggregate Delay Delivery Damages payable hereunder exceed ***** percent (*****%) of the pro-rata portion of the Purchase Price applicable to the Turbine for which such delayed Major Turbine Component is a component. It is understood and acknowledged by the Parties that if more than one Major Turbine Component applicable to a Turbine is delivered late, the liquidated damages applicable to the Turbine will not exceed $***** per day (for the first 15 days after delay payments become payable), $***** per day (for the next 15 days of delay payments), and $***** per day (for delay payments thereafter), ) as applicable. The Parties acknowledge and agree that the Delay Delivery Damages set forth above are a reasonable estimate of the damages Purchaser will suffer because of late Delivery of any Major Turbine Component and that, therefore, the Delay Delivery Damages set forth herein shall be Purchaser’s sole and exclusive remedy with respect to such Delivery delays.

Delay Delivery Damages. The Parties acknowledge that Purchaser will suffer damages that will be difficult to ascertain if Purchaser fails to Deliver any Major Turbine Component within thirty (30) days of the applicable date of Delivery set forth in the Delivery Schedule. Consequently, the Parties agree that Supplier will pay Purchaser, if any Major Turbine Component is Delivered thirty (30) days or more late and such delay was not due to any Force Majeure Event or breach by Purchaser of any of its obligations under this Agreement, the following amount as liquidated damages: For each full day after the first thirty (30) days following the date that the Delivery of such Major Turbine Component is delayed beyond the date specified in the Delivery Schedule, an amount equal to $***** per Turbine per day for the first fifteen (15) ***** days after delay payments become payable, an amount equal to $***** per day for the next fifteen (15) days, and an amount equal to $***** per day thereafter (the “Delay Delivery Damages”); provided that, in no event shall the aggregate Delay Delivery Damages payable hereunder exceed ***** percent (*****%) % of the pro-rata portion of the Purchase Price applicable to the Turbine for which such delayed Major Turbine Component is a component. It is understood and acknowledged by the Parties that if more than one Major Turbine Component applicable to a Turbine is delivered late, the liquidated damages applicable to the Turbine will not exceed $***** per day (for the first 15 days after delay payments become payable), or $***** per day (for the next 15 days of delay payments), and $after ***** per day (for days of delay payments thereafterpayments), as applicable. The Parties acknowledge and agree that the Delay Delivery Damages set forth above are a reasonable estimate of the damages Purchaser will suffer because of late Delivery of any Major Turbine Component and that, therefore, the Delay Delivery Damages set forth herein shall be Purchaser’s sole and exclusive remedy with respect to such Delivery delays.

Delay Delivery Damages. The Parties acknowledge that Purchaser will suffer damages that will be difficult to ascertain if Purchaser fails to Deliver any Major Turbine Component within thirty (30) days of ***** the applicable date of Delivery set forth in the Delivery Schedule. Consequently, the Parties agree that Supplier will pay Purchaser, if any Major Turbine Component is Delivered thirty (30) days ***** or more late and such delay was not due to any Force Majeure Event or breach by Purchaser of any of its obligations under this Agreement, the following amount as liquidated damages: For each full day after the first thirty (30) days ***** following the date that the Delivery of such Major Turbine Component is delayed beyond the date specified in the Delivery Schedule, an amount equal to $***** per Turbine per day for the first fifteen (15) days after delay payments become payable, an amount equal to $***** per day for the next fifteen (15) days, and an amount equal to $***** per day thereafter (the “Delay Delivery Damages”); provided that, in no event shall the aggregate Delay Delivery Damages payable hereunder exceed ***** percent (*****%) % of the pro-rata portion of the Purchase Price applicable to the Turbine for which such delayed Major Turbine Component is a component. It is understood and acknowledged by the Parties that if more than one Major Turbine Component applicable to a Turbine is delivered late, the liquidated damages applicable to the Turbine will not exceed $***** per day (for the first 15 days after delay payments become payable), $***** per day (for the next 15 days of delay payments), and $***** per day (for delay payments thereafter), as applicable. The Parties acknowledge and agree that the Delay Delivery Damages set forth above are a reasonable estimate of the damages Purchaser will suffer because of late Delivery of any Major Turbine Component and that, therefore, the Delay Delivery Damages set forth herein shall be Purchaser’s sole and exclusive remedy with respect to such Delivery delays.

Delay Delivery Damages. The Parties acknowledge that Purchaser will suffer damages that will be difficult to ascertain if Purchaser fails to Deliver any Major Turbine Component within thirty (30) days ***** of the applicable date of Delivery set forth in the Delivery Schedule. Consequently, the Parties agree that Supplier will pay Purchaser, if any Major Turbine Component is Delivered thirty (30) days ***** or more late and such delay was not due to any Force Majeure Event or breach by Purchaser of any of its obligations under this Agreement, the following amount as liquidated damages: For each full day after the first thirty (30) days ***** following the date that the Delivery of such Major Turbine Component is delayed beyond the date specified in the Delivery Schedule, an amount equal to $***** per Turbine per day for the first fifteen (15) days after delay payments become payable, an amount equal to $***** per day for the next fifteen (15) days, and an amount equal to $***** per day thereafter (the “Delay Delivery Damages”); provided that, in no event shall the aggregate Delay Delivery Damages payable hereunder exceed ***** percent (*****%) of the pro-rata portion of the Purchase Price applicable to the Turbine for which such delayed Major Turbine Component is a component. It is understood and acknowledged by the Parties that if more than one Major Turbine Component applicable to a Turbine is delivered late, the liquidated damages applicable to the Turbine will not exceed $***** per day (for the first 15 days after delay payments become payable), $***** per day (for the next 15 days of delay payments), and $***** per day (for delay payments thereafter), as applicable. The Parties acknowledge and agree that the Delay Delivery Damages set forth above are a reasonable estimate of the damages Purchaser will suffer because of late Delivery of any Major Turbine Component and that, therefore, the Delay Delivery Damages set forth herein shall be Purchaser’s sole and exclusive remedy with respect to such Delivery delays.

Delay Delivery Damages. The Parties acknowledge that Purchaser will suffer damages that will be difficult to ascertain if Purchaser fails to Deliver any Major Turbine Component within thirty (30) days ***** of the applicable date of Delivery set forth in the Delivery Schedule. Consequently, the Parties agree that Supplier will pay Purchaser, if any Major Turbine Component is Delivered thirty (30) days ***** or more late and such delay was not due to any Force Majeure Event or breach by Purchaser of any of its obligations under this Agreement, the following amount as liquidated damages: For each full day after the first thirty (30) days ***** following the date that the Delivery of such Major Turbine Component is delayed beyond the date specified in the Delivery Schedule, an amount equal to $***** per Turbine per day for the first fifteen (15) days after delay payments become payable, an amount equal to $***** per day for the next fifteen (15) days, and an amount equal to $***** per day thereafter (the “Delay Delivery Damages”); provided that, in no event shall the aggregate Delay Delivery Damages payable hereunder exceed ***** percent (*****%) of the pro-rata portion of the Purchase Price applicable to the Turbine for which such delayed Major Turbine Component is a component. It is understood and acknowledged by the Parties that if more than one Major Turbine Component applicable to a Turbine is delivered late, the liquidated damages applicable to the Turbine will not exceed $***** per day (for the first 15 days after delay payments become payable), $***** per day (for the next 15 days of delay payments), and $***** per day (for delay payments thereafter), as applicable. The Parties acknowledge and agree that the Delay Delivery Damages set forth above are a reasonable estimate of the damages Purchaser will suffer because of late Delivery of any Major Turbine Component and that, therefore, the Delay Delivery Damages set forth herein shall be Purchaser’s sole and exclusive remedy with respect to such Delivery delays.

Delay Delivery Damages. The Parties acknowledge that Purchaser will suffer damages that will be difficult to ascertain if Purchaser fails to Deliver any Major Turbine Component within thirty (30) days ***** of the applicable date of Delivery set forth in the Delivery Schedule. Consequently, the Parties agree that Supplier will pay Purchaser, if any Major Turbine Component is Delivered thirty (30) days ***** or more late and such delay was not due to any Force Majeure Event or breach by Purchaser of any of its obligations under this Agreement, the following amount as liquidated damages: For each full day after the first thirty (30) days ***** following the date that the Delivery of such Major Turbine Component is delayed beyond the date specified in the Delivery Schedule, an amount equal to $***** per Turbine per day for the first fifteen (15) days after delay payments become payable, an amount equal to $***** per day for the next fifteen (15) days, and an amount equal to $***** per day thereafter (the “Delay Delivery Damages”); provided that, in no event shall the aggregate Delay Delivery Damages payable hereunder exceed ***** percent (*****%) of the pro-rata portion of the Purchase Price applicable to the Turbine for which such delayed Major Turbine Component is a component. It is understood and acknowledged by the Parties that if more than one Major Turbine Component applicable to a Turbine is delivered late, the liquidated damages applicable to the Turbine will not exceed $***** per day (for the first 15 days after delay payments become payable), $***** per day (for the next 15 days of delay payments), and $***** per day (for delay payments thereafter), as applicable. The Parties acknowledge and agree that the Delay Delivery Damages set forth above are a reasonable estimate of the damages Purchaser will suffer because of late Delivery of any Major Turbine Component and that, therefore, the Delay Delivery Damages set forth herein shall be Purchaser’s sole and exclusive remedy with respect to such Delivery delays.

Delay Delivery Damages. The Parties acknowledge that Purchaser will suffer damages that will be difficult to ascertain if Purchaser fails to Deliver any Major Turbine Component within thirty (30) days ***** of the applicable date of Delivery set forth in the Delivery Schedule. Consequently, the Parties agree that Supplier will pay Purchaser, if any Major Turbine Component is Delivered thirty (30) days ***** or more late and such delay was not due to any Force Majeure Event or breach by Purchaser of any of its obligations under this Agreement, the following amount as liquidated damages: For each full day after the first thirty (30) days ***** following the date that the Delivery of such Major Turbine Component is delayed beyond the date specified in the Delivery Schedule, an amount equal to $***** per Turbine per day for the first fifteen (15) days after delay payments become payable, an amount equal to $***** per day for the next fifteen (15) days, and an amount equal to $***** per day thereafter (the “Delay Delivery Damages”); provided that, in no event shall the aggregate Delay Delivery Damages payable hereunder exceed ***** percent (*****%) of the pro-rata portion of the Purchase Price applicable to the Turbine for which such delayed Major Turbine Component is a component. It is understood and acknowledged by the Parties that if more than one Major Turbine Component applicable to a Turbine is delivered late, the liquidated damages applicable to the Turbine will not exceed $***** per day (for the first 15 days after delay payments become payable), $***** per day (for the next 15 days of delay payments), and $***** per day (for delay payments thereafter), as applicable. The Parties acknowledge and agree that the Delay Delivery Damages set forth above are a reasonable estimate of the damages Purchaser will suffer because of late Delivery of any Major Turbine Component and that, therefore, the Delay Delivery Damages set forth herein shall be Purchaser’s sole and exclusive remedy with respect to such Delivery delays.