Failure to Provide Notice of Initial Delivery Date. If Seller does not achieve, and provide notice of its declaration of, an Initial Delivery Date within twelve (12) Months after Seller’s receipt of the Notice to Proceed, TVA, in its sole discretion, may terminate this Agreement, and liquidated damages shall be assessed against Seller’s Performance Assurance. Such liquidated damages shall be established as the full amount of Seller’s Performance Assurance.
Appears in 4 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
