Common use of Final Capacity Liquidated Damages Clause in Contracts

Final Capacity Liquidated Damages. (a) Contractor agrees that if based on the results of the Facility Capacity calculation performed in accordance with Exhibit 16A, the Facility shall have failed to achieve the Guaranteed Capacity, Contractor shall pay to Owner upon Facility Substantial Completion an amount equal to *** (the “Final Capacity Liquidated Damages”).

Final Capacity Liquidated Damages. (a) Contractor agrees that if based on the results Final Test Results of the Facility Capacity calculation performed in accordance with Exhibit 16A14C, the Facility shall have failed to achieve the Guaranteed Capacity, Contractor shall pay to Owner upon Facility Substantial Completion an amount equal to *** the Contract Price multiplied by a fraction, the numerator of which is the Capacity Shortfall and the denominator of which is the Guaranteed Capacity (the “Final Capacity Liquidated Damages”).

Final Capacity Liquidated Damages. (a) Contractor agrees that if based on the results of the Facility Capacity calculation performed in accordance with Exhibit 16A, the Facility shall have failed to achieve the Guaranteed Capacity, Contractor shall pay to Owner upon Facility Substantial Completion an amount equal to (a) the Contract Price multiplied by the quotient of the *** divided by the *** (expressed as a percentage) plus (b) the *** (if any) due or that will be due under the ***, without duplication (the “Final Capacity Liquidated Damages”).