Delay in Commercial Operations. If the Commercial Operations Date has not occurred by the Required Commercial Operations Date (as such date may have been extended as a consequence of a Force Majeure Event), the Company shall pay BPDB, Monthly in arrears until the Commercial Operations Date, as liquidated damages for delays in Commissioning of the Facility, an amount equal to the product of (a) $100.00 and (b) the Contracted Facility Capacity in MW for each Day (or any fraction thereof) of delay of the Commercial Operations Date beyond the Required Commercial Operations Date. In no event shall the total amount of damages assessed under this Section 8.1 exceed twelve (12) Months of liquidated delay damages.
Delay in Commercial Operations. (i) If the Simple Cycle Commercial Operations Date has not occurred by the Required Simple Cycle Commercial Operations Date (as such date may have been extended as a consequence of a Force Majeure Event), the Company shall pay BPDB, Monthly in arrears until the Simple Cycle Commercial Operations Date, as liquidated damages for delays in Commissioning as a Simple Cycle Unit, an amount equal to the product of (a) $50.00 and (b) the Contracted Simple Cycle Capacity in MW for each Day (or any fraction thereof) of delay of the Simple Cycle Commercial Operations Date beyond the Required Simple Cycle Commercial Operations Date. In no event shall the total amount of damages assessed under this Section 8.1 exceed twelve (12) Months of liquidated delay damages.
Delay in Commercial Operations. Hydrogen shall be available for supply to Sunoco from the BOC Facility at substantially the quantities and specifications set forth in this Agreement on February 1, 2006, as such date may be extended by any Force Majeure Event and delays caused by Sunoco’s failure to (a) prepare and deliver the site of the BOC Facility Premises by the site preparation dates set forth on Schedule 2.3 and in the manner set forth in the Construction Agreement and Lease Agreement and/or (b) Sunoco’s failure to deliver the Feedstock and Utilities at the times and in the quantities and meeting the specifications set forth in this Agreement and/or (c) accept Steam and/or Hydrogen at the times and in the amount set forth in this Agreement (such date, as extended hereunder, the “Commercial Operations Date”); provided that, in no event can the Commercial Operations Date start on any day during Phase V.
Delay in Commercial Operations. If the Commercial Operations Date has not occurred by the Required Commercial Operations Date (as such date may have been extended as a consequence of a Force Majeure Event or Political Event or Change in Law in accordance with the terms of this Agreement and Implementation Agreement), the Company shall pay BPDB, Monthly in arrears until the Commercial Operations Date, as liquidated damages for delays in Commissioning of the Facility, an amount equal to the product of (a) $50.00 and (b) the Contracted Capacity in MW for each Day (or any fraction thereof) of delay of the Commercial Operations Date beyond the Required Commercial Operations Date. In no event shall the total amount of damages assessed under this Section 8.1 exceed twelve (12) Months of liquidated delay damages.
Delay in Commercial Operations. In the event (a) the Ammonia Plant is not 100% converted to using coal as a feedstock instead of natural gas and (b) the Ammonia Plant has not commenced commercial operations, in each case of (a) and (b) by March 31, 2008 (subject to extension for each day of delay due to force majeure (defined as acts of God, acts of war, acts of terrorism, accidental property damage and labor strikes) provided the Company is diligently working to meet the conditions specified in (a) and (b)), the Exercise Price existing immediately prior to such default shall, on April 1, 2008 be reduced to 50% of the Exercise Price in effect immediately prior thereto.
