Common use of Delays - Other remedies Clause in Contracts

Delays - Other remedies. Notwithstanding Clause 6.2, if Seller has reached the Delay Limit Date, Buyer may by notice to Seller, at Xxxxx’s sole discretion: (a) require Seller to agree, within [***] of Buyer’s demand, to remedy the Delivery Delay Event, within the period of time identified by Xxxxx, at Buyer’s sole discretion. If Seller fails to agree within [***] of Xxxxx’s demand, or fails to remedy the Delivery Delay Event within such agreed period(s), Buyer shall be free to exercise its rights or remedies under clause (b) hereafter; or (b) terminate the Agreement in accordance with Clause 28.1(g) and seek to recover from Seller Buyer’s damages pursuant to Clause 28.3 (subject to the limit of liability cap in Clause 19.2) arising from the applicable Delivery Delay Event, and, upon such termination by Buyer, Seller shall deliver to Buyer the portions of the Liquefaction Train System for which Seller has received payment and which have not been delivered to the Delivery Point; provided, however, that Buyer shall not be entitled to terminate the Agreement for so long as Seller continues to pay Buyer the applicable Delivery Delay Liquidated Damages, despite the fact that the aggregate amount of Delivery Delay Liquidated Damages paid by Seller have exceeded the limitations set forth in Clause 6.4(d).

Delays - Other remedies. Notwithstanding Clause 6.2, if Seller has reached the Delay Limit Date, Buyer may by notice to Seller, at Xxxxx’s sole discretion: (a) require Seller to agree, within [***] of Buyer’s demand, to remedy the Delivery Delay Event, within the period of time identified by Xxxxx, at Buyer’s sole discretion. If Seller fails to agree within [***] of Xxxxx’s demand, or fails to remedy the Delivery Delay Event within such agreed period(s), Buyer shall be free to exercise its rights or remedies under clause (b) hereafter; or (b) terminate the Agreement in accordance with Clause 28.1(g28.l(g) and seek to recover from Seller Buyer’s damages pursuant to Clause 28.3 (subject to the limit of liability cap in Clause 19.2) arising from the applicable Delivery Delay Event, and, upon such termination by Buyer, Seller shall deliver to Buyer the portions of the Liquefaction Train System for which Seller has received payment and which have not been delivered to the Delivery Point; provided, however, that Buyer shall not be entitled to terminate the Agreement for so long as Seller continues to pay Buyer the applicable Delivery Delay Liquidated Damages, despite the fact that the aggregate amount of Delivery Delay Liquidated Damages paid by Seller have exceeded the limitations set forth in Clause 6.4(d).

Delays - Other remedies. Notwithstanding Clause 6.2, if Seller has reached the Delay Limit Date, Buyer may by notice to Seller, at XxxxxBuxxx’s sole discretion: (a) require Seller to agree, within [***] of Buyer’s demand, to remedy the Delivery Delay Event, within the period of time identified by XxxxxBuxxx, at Buyer’s sole discretion. If Seller fails to agree within [***] of XxxxxBuxxx’s demand, or fails to remedy the Delivery Delay Event within such agreed period(s), Buyer shall be free to exercise its rights or remedies under clause (b) hereafter; or (b) terminate the Agreement in accordance with Clause 28.1(g28.l(g) and seek to recover from Seller Buyer’s damages pursuant to Clause 28.3 (subject to the limit of liability cap in Clause 19.2) arising from the applicable Delivery Delay Event, and, upon such termination by Buyer, Seller shall deliver to Buyer the portions of the Liquefaction Train System for which Seller has received payment and which have not been delivered to the Delivery Point; provided, however, that Buyer shall not be entitled to terminate the Agreement for so long as Seller continues to pay Buyer the applicable Delivery Delay Liquidated Damages, despite the fact that the aggregate amount of Delivery Delay Liquidated Damages paid by Seller have exceeded the limitations set forth in Clause 6.4(d).