Guaranteed Project Milestones Including Commercial Operations. A condition or event of Force Majeure affecting the achievement of a Guaranteed Project Milestone Date, including the Guaranteed Commercial Operations Date, if and for so long as the conditions of Section 21.4 (Satisfaction of Certain Conditions) are satisfied, shall have the following effect: i) Company shall have the right to collect and Seller shall have the obligation to pay Daily Delay Damages as and to the extent set forth in Section 13.4(a) (Daily Delay Damages); (ii) Company shall have the right to terminate this Agreement as and to the extent set forth in Section 13.4(b) (Termination and Termination Damages for Failure to Achieve Guaranteed Project Milestones Date); and (iii) notwithstanding any provision herein to the contrary, upon Company's termination of this Agreement pursuant to Section 13.4(b) (Termination and Termination Damages for Failure to Achieve Guaranteed Project Milestones Date) neither Party shall be liable for any damages (including Termination Damages) nor have any obligations to the other, except as provided in Section 29.24 (Survival of Obligations), other than as provided in Section 29.24(b).
Appears in 4 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
