Liquidated Damages not amounting to penalty for delay in Commissioning Sample Clauses

Liquidated Damages not amounting to penalty for delay in Commissioning. 4.6.1 The Project shall be fully commissioned within the Scheduled Commissioning Date as defined in this Agreement. If the WPD is unable to commission the Project by the Scheduled Commissioning Date for the reasons other than those specified in Article 4.5.1 and 4.5.2, the WPD shall pay to SECI, damages for the delay in such commissioning and making the Contracted Capacity available for dispatch by the Scheduled Commissioning Date as per the following: (a) Delay beyond the Scheduled Commissioning Date upto (& including) the date as on 270 days after the Scheduled Commissioning Date, as part of the liquidated damages, the total PBG/POI amount for the Project shall be encashed on per-day basis and proportionate to the balance capacity not commissioned. For example, in case of a Project of 240 MW capacity, if commissioning of 100 MW capacity is delayed by 18 days beyond the SCD, then the liquidated damages shall be: PBG/POI amount X (100/240) X (18/270). (b) For avoidance of doubt it is clarified that provisions of Article 4.6.1 will be applicable even in cases where no capacity (i.e. 0 MW) is commissioned. 4.6.2 The maximum time period allowed for commissioning of the full Project Capacity with encashment of Performance Bank Guarantee/ Payment on Order Instrument shall be limited to 270 days after the SCD of the Project. In case, the Commissioning of the Project is delayed beyond 270 days after the SCD, it shall be considered as an WPD Event of Default and provisions of Article 13 shall apply and the Contracted Capacity shall stand reduced / amended to the Project Capacity Commissioned within 270 days after the SCD and the PPA for the balance Capacity will stand terminated and shall be reduced from the project capacity. 4.6.3 The WPD further acknowledges that the amount of the liquidated damages fixed is genuine and reasonable pre-estimate of the damages that may be suffered by SECI/ Buying entity(s) as specified under this Agreement or in the PSA.

Liquidated Damages not amounting to penalty for delay in Commissioning. 4.5.1 If the SPG is unable to commission the Project by the Scheduled Commissioning Dateother than for the reasons specified in Article 4.4.1, the SPG shall pay to PGVCL, damages for the delay in such commissioning and making the Contracted Capacity available for dispatch by the Scheduled Commissioning Date as per following: 4.5.2 In case any SPG fails to achieve this milestone, PGVCL shall encash the Performance Bank Guarantee (PBG) as liquidated damages (LD) in the following manner: In case the commissioning of the solar power plant is delayed over two months: Thecomplete PBG amount shall be encashed and DISCOM shall have right to terminate the PPA. The decision of MNRE regarding release of CFA shall be binding and to the account of SPG. In case of delays of plant commissioning due to the reasons beyond the control of the SPG, Procurer / PGVCL after having been satisfied with documentary evidences produced by the SPG for the purpose, can extend the time for commissioning date without any financial implications on the SPG. 4.5.3 The SPG further acknowledge that the amount of the liquidated damages fixed is genuine and reasonable pre-estimate of the damages that may be suffered byDISCOM.

Liquidated Damages not amounting to penalty for delay in Commissioning. 4.6.1 If the SPD is unable to commission the Project by the Scheduled Commissioning Date other than for the reasons specified in Article 4.5.1 and 4.5.2, the SPD shall pay to SECI, damages for the delay in such commissioning and making the Contracted Capacity available for dispatch by the Scheduled Commissioning Date as per the following: (a) Delay beyond the Scheduled Commissioning Date upto (& including) the date as on 24/26 months from the Effective Date (as applicable): The total PBG amount shall be encashed on per day basis and proportionate to the balance capacity not commissioned. 4.6.2 The maximum time period allowed for commissioning of the full Project Capacity with encashment of Performance Bank Guarantee shall be limited to 24/26 months from the Effective Date of this Agreement (as applicable). In case, the Commissioning of the Project is delayed beyond 24/26 months from the Effective Date, it shall be considered as an SPD Event of Default and provisions of Article 13 shall apply and the Contracted Capacity shall stand reduced / amended to the Project Capacity Commissioned within 24/26 months of the Effective Date and the PPA for the balance Capacity will stand terminated and shall be reduced from the project capacity.

Liquidated Damages not amounting to penalty for delay in Commissioning. 4.6.1 The Project shall be fully commissioned within the Scheduled Commissioning Date as defined in this Agreement. If the BESSD is unable to commission the Project by the Scheduled Commissioning Date for the reasons other than those specified in Article 4.5.1, the BESSD shall pay to GUVNL, damages for the delay in such commissioning and making the Contracted Capacity available for dispatch by the Scheduled Commissioning Date as per the following: (a) Delay beyond the Scheduled Commissioning Date upto (& including) the date of commissioning, as part of the liquidated damages, the total PBG amount forthe Project shall be encashed on per-day basis and proportionate to the balance capacity not commissioned. For the purpose of calculations of the liquidated damages, ‘month’ shall be considered consisting of 30 days. As an alternative to the above encashment of PBG, the BESSD may choose to make a payment of the amount corresponding to the liquidated damages, directly to GUVNL or by way of deduction from the monthly payments, with applicable interest and if such an option is chosen, the same shall be unconditional and irrevocable on the part of BESSD. The BESSD shall intimate to GUVNL, its chosen alternative out of the two options, within 10 business days of intimation of the liquidated damages to the BESSD,as calculated by GUVNL. In case no response is received from the BESSD until thelapse of the above deadline, GUVNL shall encash the PBG for the amount as per the liquidated damages. In case the Developer chooses to make necessary payments in lieu of the liquidated damages, the said payment shall be credited to GUVNL’s account through NEFT/RTGS payment, no later than 5 business days from the above intimation by the BESSD. In case of non-payment by the developer withinthe above deadline, the PBG will be encashed by GUVNL on the next business days. (b) Delay beyond Nine (9) Months from SCD: The BESPA capacity shall stand reduced/amended to the Project Capacity commissioned, the entire PBG will be encashed by XXXXX, and the BESPA for the Project shall stand terminated for the balance un-commissioned capacity. (c) For avoidance of doubt it is clarified that provisions of Article 4.6.1 will be applicable even in cases where no capacity (i.e. 0 MW) is commissioned.

Liquidated Damages not amounting to penalty for delay in Commissioning. 4.5.1 If the SPG is unable to commission the Project by the Scheduled Commissioning Date other than for the reasons specified in Article 4.4.1, the SPG shall pay to PGVCL, damages for the delay in such commissioning and making the Contracted Capacity available for dispatch by the Scheduled Commissioning Date as per following: 4.5.2 In case any SPG fails to achieve this milestone, PGVCL shall encash the Performance Bank Guarantee (PBG) as liquidated damages (LD) in the following manner: “month” for the LD calculation shall be considered as 30. In case of delays of plant commissioning due to the reasons beyond the control of the SPG, Procurer / PGVCL after having been satisfied with documentary evidences produced by the SPG for the purpose, can extend the time for commissioning date without any financial implications on the SPG. 4.5.3 The SPG further acknowledge that the amount of the liquidated damages fixed is genuine and reasonable pre-estimate of the damages that may be suffered by DISCOM.

Liquidated Damages not amounting to penalty for delay in Commissioning. 4.5.1 If the RPG is unable to commission the Project by the Scheduled Commissioning Date other than for the reasons specified in Article 4.4.1, the RPG shall pay to DISCOM, damages for the delay in such commissioning and making the Contracted Capacity available for dispatch by the Scheduled Commissioning Date as per the following: Delay beyond the Scheduled Commissioning Date upto (& including) the date as on nine months from the Date of issue of LoA: The total Performance Bank Guarantee amount shall be encashed on per day basis and proportionate to the balance capacity not commissioned. 4.5.2 The maximum time period allowed for commissioning of the full Project Capacity with encashment of Performance Bank Guarantee shall be limited to 11 Months from the Date of issue of LoA. In case, the Commissioning of the Project is delayed beyond 11 Months from the Date of issue of LoA, it shall be considered as an RPG Event of Default and provisions of Article 13 shall apply and the Contracted Capacity shall stand reduced / amended to the Project Capacity Commissioned within 11 Months of the Date of issue of LoA and the PPA for the balance Capacity will stand terminated and shall be reduced from the project capacity. 4.5.3 The RPG further acknowledge that the amount of the liquidated damages fixed is genuine and reasonable pre-estimate of the damages that may be suffered by DISCOM.

Liquidated Damages not amounting to penalty for delay in Commissioning. 4.5.1. If the SPG is unable to commission the Project by the Scheduled Commissioning Date other than for the reasons specified in Article 4.4.1, the SPG shall pay to EDG, damages for the delay in such commissioning and making the Contracted Capacity available for dispatch by the Scheduled Commissioning Date as per the following: 4.5.2. Delay beyond the Scheduled Commissioning Date upto (& including) the date as on Twelve months from the date of signing of PPA between the Parties: The total Performance Bank Guarantee amount shall be encashed on per day basis and proportionate to the balance capacity not commissioned. 4.5.3. The maximum time period allowed for commissioning of the full Project Capacity with encashment of Performance Bank Guarantee shall be limited to 14 Months from the date of signing of PPA between the Parties. In case, the Commissioning of the Project is delayed beyond 14 Months from the date of signing of PPA between the Parties shall be considered as an SPG Event of Default and provisions of Article 13 shall apply and the Contracted Capacity shall stand reduced / amended to the Project Capacity Commissioned within 14 Months of the date of signing of PPA between the Parties and the PPA for the balance Capacity will stand terminated and shall be reduced from the project capacity. 4.5.4. The SPG further acknowledge that the amount of the liquidated damages fixed is genuine and reasonable pre-estimate of the damages that may be suffered by EDG.

Liquidated Damages not amounting to penalty for delay in Commissioning. 4.6.1 The Project (both Solar Manufacturing Plant and Solar PV Power Plant) shall be fully commissioned in line with the milestones/ timelines indicated under clause nos. 15.A.1 and 15.B.1, Section-II, Instructions to Bidders (ITB) of the RfS Documents including its Amendment thereof. In this regard, a duly constituted committee will physically inspect and certify successful commissioning of the Project. If the SPD is unable to commission either the Solar Manufacturing Plant or the Solar PV Power Project by the Scheduled Commissioning Date other than for the reasons specified in Article 4.5.1 and 4.5.2, the SPD shall pay to SECI, damages for the delay in such commissioning and making the Contracted Capacity available for dispatch by the Scheduled Commissioning Date as per the following: 4.6.1.1 For Solar Manufacturing Plant (a) Delay beyond the Scheduled MCOD upto (& including) 12 months from the date of Scheduled MCOD (i.e. 30 months from issuance of LoA): The PPA tariff for setting up of Solar PV Power Plant shall be reduced at the rate of INR 0.0005/ kWh per day of delay after MCOD and till further 12 months from MCOD. The revised reduced tariff shall be applicable w.e.f. the scheduled commissioning date of PPA. Any recovery, applicable on such cases shall be done by SECI. Such penalty will be levied on the complete Project capacity (2000 MW Solar Plant Capacity) wherein the delay is under consideration for respective manufacturing capacity (600 MW). Any recovery applicable for already commissioned capacity under the Project shall be done by SECI applicable from the date COD on the individual Project basis along with interest equivalent to the rate applicable SBI 1 year MCLR rate on per day basis. (b) Delay beyond 12 months from the date of Scheduled MCOD: the PBG submitted for the Manufacturing plant will be forfeited (INR 66 Crore cumulatively). Further, a duly constituted committee by SECI shall assess the status of the manufacturing facility and submit its report/ recommendations for further course of action. The committee may diagnose following course of actions including but not limited to: (i) Forfeiture of the PBG (amounting INR 400 Crore) submitted against setting up of Solar PV Power Plant (ii) Further reduction in tariff or termination of whole PPA of Project under consideration. In case it is decided by the committee for the termination of PPA, then this termination clause will supersede any other clause in the tender documents & its amendme...

Liquidated Damages not amounting to penalty for delay in Commissioning. 4.6.1 The Project shall be fully commissioned within the Scheduled Commissioning Date as defined in this Agreement. If the SPD is unable to commission the Project by the Scheduled Commissioning Date for the reasons other than those specified in Article 4.5.1 and 4.5.2, the SPD shall pay to MSPDCL, damages for the delay in such commissioning and making the Contracted Capacity available for dispatch by the Scheduled Commissioning Date as per the following: Delay beyond the Scheduled Commissioning Date upto (& including) the date as on 6 months after the Scheduled Commissioning Date: The total PBG amount shall be enchased on per day basis and proportionate to the balance capacity not commissioned. In case of calculation of liquidated damages, a ‘ comprise 30 days. 4.6.2 The maximum time period allowed for commissioning of the full Project Capacity with encashment of Performance Bank Guarantee shall be limited to 6 months after the SCD of the Project. In case, the Commissioning of the Project is delayed beyond 6 months after the SCD, the Contracted Capacity shall stand reduced / amended to the Project Capacity Commissioned within 6 months after the SCD and the PPA for the balance Capacity will stand terminated and shall be reduced from the project capacity. 4.6.3 The SPD further acknowledges that the amount of the liquidated damages fixed is genuine and reasonable pre-estimate of the damages that may be suffered by MSPDCL as specified under this Agreement. 4.6.4 Any delay in handing over land to the SPD in accordance with the given timelines, or delay on account of legal issues arising out of handing over of the land to the SPD, shall entail a corresponding extension in financial closure deadline and scheduled commissioning date..

Liquidated Damages not amounting to penalty for delay in Commissioning. 4.6.1 If the SPD is unable to commission the Project by the Scheduled Commissioning Date other than for the reasons specified in Article 4.5.1 and 4.5.2, the SPD shall pay to MAHAGENCO, damages for the delay in such commissioning and making the Contracted Capacity available for dispatch by the Scheduled Commissioning Date as per the following: (a) Delay beyond the Scheduled Commissioning Date upto (& including) the date as on 21 Months from the Effective Date: The total PBG amount shall be encashed on per day basis.