Common use of [For all Projects except Projects with a High Hazard Fuel Requirement Clause in Contracts

[For all Projects except Projects with a High Hazard Fuel Requirement. [Seller hereby represents, warrants, and covenants that no later than thirty (30) days after the last day of each Contract Year (“Annual Fuel Attestation Due Date”), Seller shall provide an attestation of the Project’s compliance with the Fuel Resource Requirements for such Contract Year in the form of Appendix L (“Fuel Attestation”). For each two week period (or portion thereof) after the Annual Fuel Attestation Due Date that Seller fails to deliver to Buyer the Annual Fuel Attestation, Seller shall pay to Buyer, as liquidated damages and not as a penalty, one thousand dollars ($1,000); provided that Seller shall pay such liquidated damages for a period not to exceed one-hundred twenty (120) days after the Annual Fuel Attestation Due Date (“Annual Fuel Attestation Deadline”). The Parties acknowledge that the damages sustained by Xxxxx associated with Seller’s failure to deliver the Annual Fuel Attestation by the Annual Fuel Attestation Due Date would be difficult or impossible to determine, or that obtaining an adequate remedy would be unreasonably time consuming or expensive, and therefore agree that Seller shall pay Buyer as liquidated damages the bi-weekly amount specified in the preceding sentence which is intended to compensate Buyer for Seller’s failure to perform.]

[For all Projects except Projects with a High Hazard Fuel Requirement. [Seller hereby represents, warrants, and covenants that no later than thirty (30) days after the last day of each Contract Year (“Annual Fuel Attestation Due Date”), Seller shall provide an attestation of the Project’s compliance with the Fuel Resource Requirements for such Contract Year in the form of Appendix L (“Fuel Attestation”). For each two week period (or portion thereof) after af ter the Annual Fuel Attestation Due Date that Seller fails f ails to deliver to Buyer the Annual Fuel Attestation, Seller shall pay to Buyer, as liquidated damages and not as a penalty, one thousand dollars ($1,000); provided that Seller shall pay such liquidated damages for a period not to exceed one-hundred twenty (120) days after the Annual Fuel Attestation Due Date (“Annual Fuel Attestation Deadline”). The Parties acknowledge that the damages sustained by Xxxxx associated with Seller’s failure to deliver the Annual Fuel Attestation by the Annual Fuel Attestation Due Date would be difficult or impossible to determine, or that obtaining an adequate remedy would be unreasonably time consuming or expensive, and therefore theref ore agree that Seller shall pay Buyer as liquidated damages the bi-weekly amount specified in the preceding sentence which is intended to compensate Buyer for Seller’s failure f ailure to perform.]