Liquidated Damages Appropriate. Each Party agrees and acknowledges that (i) the damages that Company would incur due to early termination of the Agreement pursuant to either Section 13.4 (Damages and Termination) or Section 15.4 (Rights of the Non-defaulting Party; Forward Contract) would be difficult or impossible to calculate with certainty,
Appears in 3 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Cbre Power Purchase Agreement
Liquidated Damages Appropriate. Each Party agrees and acknowledges that (i) the damages that Company would incur due to early termination of the Agreement pursuant to either Section 13.4 8.2(B) (Damages and Termination) or Section 15.4 (Rights of the Non-defaulting PartyRight to Terminate; Forward Contract) would be difficult or impossible to calculate predict with certainty,, and (ii) the Pre-COD Termination Damages and Post-COD Termination Damages, as applicable, are an appropriate approximation of such damages.
Appears in 2 contracts
Samples: Power Purchase Agreement (Hawaiian Electric Co Inc), Power Purchase Agreement
Liquidated Damages Appropriate. Each Party agrees and acknowledges that (i) the damages that Company would incur due to early termination of the Agreement pursuant to either Section 13.4 (Damages and Termination) or Section 15.4 (Rights of the Non-defaulting Party; Forward Contract) would be difficult or impossible to calculate with certainty,certainty,
Appears in 1 contract
Samples: Power Purchase Agreement
