Common use of Failure to Timely Achieve Commercial Operation Clause in Contracts

Failure to Timely Achieve Commercial Operation. (i) If Seller fails to cause the Commercial Operation Date to occur on or before the Scheduled Commercial Operation Date, Seller shall pay to Buyer delay liquidated damages (“Delay Damages”) for each day of delay occurring from and after the Scheduled Commercial Operation Date through the earlier to occur of (x) the date the Commercial Operation Date occurs, and (y) the Guaranteed Commercial Operation Date, at a rate equal to $150 per MW of the Storage Contract Capacity per day beginning on the Scheduled Commercial Operation Date through the thirtieth (30th) day after the Scheduled Commercial Operation Date, $250 per MW of the Storage Contract Capacity per day beginning on the thirty first (31st) day through the sixtieth (60th) day after Scheduled Commercial Operation Date, and $350 per MW of the Storage Contract Capacity per day beginning on the sixty first (61st) day after Scheduled Commercial Operation Date until the first to occur of (i) Seller’s achievement of the Commercial Operation Date; and (ii) the Guaranteed Commercial Operation Date.

Failure to Timely Achieve Commercial Operation. (i) If i)If Seller fails to cause the Commercial Operation Date to occur on or before the Scheduled Commercial Operation Date, Seller shall pay to Buyer delay liquidated damages (“Delay Damages”) for each day of delay occurring from and after the Scheduled Commercial Operation Date through the earlier to occur of (x) the date the Commercial Operation Date occurs, and (y) the Guaranteed Commercial Operation Date, at a rate equal to $150 per MW of the Storage Contract Capacity per day beginning on the Scheduled Commercial Operation Date through the thirtieth (30th) day after the Scheduled Commercial Operation Date, $250 per MW of the Storage Contract Capacity per day beginning on the thirty first (31st) day through the sixtieth (60th) day after Scheduled Commercial Operation Date, and $350 per MW of the Storage Contract Capacity per day beginning on the sixty first (61st) day after Scheduled Commercial Operation Date until the first to occur of (i) Seller’s achievement of the Commercial Operation Date; and (ii) the Guaranteed Commercial Operation Date.