Delay in Commissioning Clause Samples

Delay in Commissioning. Project Company covenants that Phase 1 shall be Commissioned on or before the Required Phase 1 Commercial Operation Date. If the Phase 1 Commercial Operation Date has not occurred by the Required Phase 1 Commercial Operation Date, the Project Company shall pay GPA, as liquidated damages, for the delay in Phase 1 Commissioning a sum equal to US$240,000 for each Day of delay or fraction thereof. With respect to any day after the Required Phase 2 Commercial Operation Date, Project Company will not be liable for Phase 1 delay liquidated damages to the extent it is paying Phase 2 delay liquidated damages for such day. Project Company covenants that Phase 2 shall be Commissioned on or before the Required Phase 2 Commercial Operation Date. If the Phase 2 Commercial Operation Date has not occurred by the Required Phase 2 Commercial Operation Date, the Project Company shall pay GPA, as liquidated damages, for the delay in Phase 2 Commissioning a sum equal to US$240,000 for each Day of delay or fraction thereof. In no event shall the damages assessed under this Article 9.1 exceed [US$40,000,000].

Delay in Commissioning. Project Company covenants that Phase 1 shall be Commissioned on or before the Required Phase 1 Commercial Operation Date. If the Phase 1 Commercial Operation Date has not occurred by the Required Phase 1 Commercial Operation Date, the Project Company shall pay GPA, as liquidated damages, for the delay in Phase 1 Commissioning a sum equal to US$ [ TBD ] for each Day of delay or fraction thereof. Project Company covenants that Phase 2 shall be Commissioned on or before the Required Phase 2 Commercial Operation Date. If the Phase 2 Commercial Operation Date has not occurred by the Required Phase 2 Commercial Operation Date, the Project Company shall pay GPA, as liquidated damages, for the delay in Phase 2 Commissioning a sum equal to US$ [ TBD ] for each Day of delay or fraction thereof. In no event shall the damages assessed under this Article 9.1 exceed [US$40,000,000].

Delay in Commissioning. (a) In case of delay in commissioning of the Project beyond SCOD until the date as indicated in Clause 5.13.1(c) above, as part of the liquidated damages, the Performance Security submitted by the Developer/s shall be computed on per- day-basis and proportionate to the balance capacity not commissioned.

Delay in Commissioning. 4.7.1. JPS shall cooperate with the Company to facilitate the testing and Commissioning of the Complex in accordance with the Commissioning Schedule. 4.7.2. JPS shall in a diligent and timely manner cooperate with the Company and promptly carry out such reasonable actions as are required of JPS to facilitate the testing and Commissioning in accordance with the Commissioning Schedule, and each party shall make reasonable commercial efforts to avoid any undue delay in the testing and Commissioning. In the event that JPS causes a delay in the Commissioning of the Complex of a period of fourteen (14) Days, the Required Commercial Operation Date shall be extended by each Day of such delay commencing on the day immediately following the fourteenth (14th) Day; provided that no such extension shall be granted to the extent a delay would have nevertheless been experienced had JPS been able to facilitate the testing and Commissioning in accordance with the Commissioning Schedule. In the event of delay in reaching the Commercial Operations Date on or before the Required Commercial Operations Date, for reasons attributable to the Company, the Company shall pay liquidated damages in accordance with Clauses 10.4.