Common use of Liquidated Damages not amounting to penalty for delay in Commissioning Clause in Contracts

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. 4.6.1 The Project shall be fully commissioned within the Scheduled Commissioning Date as defined in this Agreement. If the WPD SPD is unable to commission the Project commence supply of power to Procurer by the Scheduled Commissioning Date other than for the reasons other than those specified in Article 4.5.1 and 4.5.2, the WPD SPD shall pay to SECIUPNEDA, Liquidated damages for the delay in such commissioning commencement of supply of Power and making the Contracted Capacity available for dispatch by the Scheduled Commissioning Date as per the following: (a) Delay : In case of delay in commissioning of the Project beyond the Scheduled Commissioning Date SCD upto (& including) the date as on 270 days after 21 months from the Scheduled Commissioning DateEffective Date of the PPA (as applicable), as part of the liquidated damages, the total PBG/POI PBG 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 without encashment of Performance Bank Guarantee/ Payment on Order Instrument Guarantee shall be limited to 270 days after 15 months from the SCD Effective Date of this Agreement. Subject to clause 11 of this PPA, delay in commissioning, beyond the Project. In caseScheduled Commissioning Period shall involve penalties, on the SPD, as detailed below: a) For Delay in commissioning upto 6 (six) months from Scheduled Commissioning Period, encashment of Performance Bank Guarantee (PBG) on per day basis and proportionate to the Project is delayed capacity not commissioned. b) For Delay in commissioning beyond 270 days after the SCDsix months from Scheduled Commissioning Period, it SPD Event of Default, as per clause 13.1 of this PPA, shall be considered as an WPD Event of Default and provisions of Article 13 shall apply to have occurred and the Contracted Capacity contracted capacity shall stand reduced / amended to the Project Capacity Commissioned within 270 days after the project capacity commissioned upto SCD and the + 6 (six) months. The PPA for the balance Capacity will stand terminated and capacity not commissioned shall be reduced from the project capacityterminated. 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. 4.6.1 The Project shall be fully commissioned within the Scheduled Commissioning Date as defined in this Agreement. If the WPD HPD is unable to commission the Project by the Scheduled Commissioning Date for the reasons other than those specified in Article Article 4.5.1 and 4.5.2, the WPD HPD 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 6 months after the Scheduled Commissioning Date, as part of the liquidated damages, the total PBG/POI amount for the Project shall be encashed on per-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 (18/27018/180). For the purpose of calculations of liquidated damages, ‘month’ shall be considered consisting of 30 days. (b) For avoidance of doubt 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 Guarantee/POI shall be limited to 270 days 6 months after the SCD of the Project. In case, the Commissioning of the Project is delayed beyond 270 days 6 months after the SCD, it shall be considered as an WPD HPD 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 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 WPD HPD 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. 4.6.1 The Project shall be fully commissioned within the Scheduled Commissioning Date as defined in this Agreement. If the WPD 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 WPD SPD shall pay to SECIMSPDCL, 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 6 months after the Scheduled Commissioning Date, as part of the liquidated damages, the : The total PBG/POI PBG amount for the Project shall be encashed enchased on per-per day basis and proportionate to the balance capacity not commissioned. For example, in In case of calculation of liquidated damages, a Project of 240 MW capacity, if commissioning of 100 MW capacity is delayed by 18 days beyond the SCD, then the liquidated damages ‘month’ 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 commissionedcomprise 30 days. 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 Guarantee shall be limited to 270 days 6 months after the SCD of the Project. In case, the Commissioning of the Project is delayed beyond 270 days 6 months 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 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 WPD 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 SECI/ Buying entity(s) MSPDCL as specified under this Agreement 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 the PSA.financial closure deadline and scheduled commissioning date..

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 SPD is unable to commission the Project by the Scheduled Commissioning Date for the reasons other than those specified in Article Article 4.5.1 and 4.5.2, the WPD 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 270 days 6 months 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 (18/27018/180). For the purpose of calculation of liquidated damages, ‘month’ shall be considered consisting of 30 days. (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 6 months after the SCD of the Project. In case, the Commissioning of the Project is delayed beyond 270 days 6 months after the SCD, it shall be considered as an WPD 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 270 days 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 WPD 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 SECI/ Buying entity(s) as specified under this Agreement or in the PSA.

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 SPD is unable to commission the Project by the Scheduled Commissioning Date for the reasons other than those specified in Article Article 4.5.1 and 4.5.2, the WPD 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 270 days 6 months after the Scheduled Commissioning Date, as part of the liquidated damages, the total PBG/PBG/ POI amount for the Project shall be encashed on per-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 x (100/240) X x (18/27018/180). (b) . For avoidance the purpose of doubt it is clarified that provisions calculation of Article 4.6.1 will liquidated damages, ‘month’ shall be applicable even in cases where no capacity (i.e. 0 MW) is commissionedconsidered consisting of 30 days. 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 6 months after the SCD of the Project. In case, the Commissioning of the Project is delayed beyond 270 days 6 months after the SCD, it shall be considered as an WPD 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 270 days 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 WPD 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 SECI/ Buying entity(s) as specified under this Agreement or in the PSA.

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 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 WPD SPD shall pay to SECIDVC, 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 6 months 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 capacityis delayed by 18 days beyond the SCD, then the liquidated damages shall be: PBG/POI amount X (100/240) X (18/27018/180). For the purpose of calculation of liquidated damages, ‘month’ shall be considered consisting of 30 days. (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 6 months after the SCD of the Project. In case, the Commissioning of the Project is delayed beyond 270 days 6 months after the SCD, it shall be considered as an WPD 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 270 days 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 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. 4.6.1 The Project shall be fully commissioned within the Scheduled Commissioning Date as defined in this Agreement. If the WPD HPD is unable to commission the Project by the Scheduled Commissioning Date for the reasons other than those specified in Article Article 4.5.1 and 4.5.2, the WPD HPD 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 months after the Scheduled Commissioning Date, as part of the liquidated damages, the : The total PBG/POI PBG amount for the Project shall be encashed on per-per day basis and proportionate to the balance capacity not commissioned. For example, in In case of calculation of liquidated damages, a Project of 240 MW capacity, if commissioning of 100 MW capacity is delayed by 18 days beyond the SCD, then the liquidated damages ‘month’ 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 commissionedcomprise 30 days. 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 Guarantee shall be limited to the date as on 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 HPD 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 HPD 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. 4.6.1 The Project shall be fully commissioned within the Scheduled Commissioning Date as defined in this Agreement. If the WPD SPD is unable to commission the Project by the Scheduled Commissioning Date for the reasons other than those specified in Article Article 4.5.1 and 4.5.2, the WPD SPD shall pay to SECIEDA&N, 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 6 months after the Scheduled Commissioning Date, as part of the liquidated damages, the : The total PBG/POI PBG amount for the Project shall be encashed on per-per day basis and proportionate to the balance capacity not commissioned. For example, in In case of calculation of liquidated damages, a Project of 240 MW capacity, if commissioning of 100 MW capacity is delayed by 18 days beyond the SCD, then the liquidated damages ‘month’ 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 commissionedcomprise 30 days. 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 Guarantee shall be limited to 270 days 6 months after the SCD of the Project. In case, the Commissioning of the Project is delayed beyond 270 days 6 months after the SCD, it shall be considered as an WPD 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 270 days 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 WPD 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 SECI/ Buying entity(s) EDA&N as specified under this Agreement or Agreement. 4.6.4 In case of site specified by the EDA&N, any delay in handing over Reservoir / land to the PSASPD in accordance with the given timelines, shall entail a corresponding extension in financial closure deadline and scheduled commissioning date, provided that the maximum extension shall be limited to a period of 1 year commencing from the expiry of date of handing over of balance 10% of reservoir / land in terms of Aricle 4.2.7.

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 BESSD is unable to commission the Project by the Scheduled Commissioning Date for the reasons other than those specified in Article 4.5.1 and 4.5.24.5.1, the WPD BESSD shall pay to SECI, to enable SECI to remit the amount to KSEBL, the Buying Entity(ies) 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 up to (& including) the date as on 270 days 6 months after the Scheduled Commissioning Date, as part of the liquidated damages, the total PBG/POI POI/ISB amount for the Project shall be encashed on per-day basis and proportionate to the balance capacity not commissioned. For examplethe purpose of calculations of the liquidated damages, in case ‘month’ shall be considered consisting of 30 days. As an alternative to the above encashment of PBG/POI/ISB, the BESSD may choose to make a Project payment of 240 MW capacitythe amount corresponding to the liquidated damages, if commissioning directly to SECI. The BESSD shall intimate to SECI, its chosen alternative out of 100 MW capacity is delayed by 18 the two options, within 10 business days beyond the SCD, then of intimation of the liquidated damages to the BESSD, as calculated by SECI. In case no response is received from the BESSD until the lapse of the above deadline, SECI shall be: encash the PBG/POI for the amount X as per the liquidated damages. In case the BESSD chooses to make necessary payments in lieu of the liquidated damages, the said payment shall be credited to SECI’s account through NEFT payment, no later than 5 business days from the above intimation by the BESSD. In case of non-payment by the BESSD within the above deadline, the PBG will be encashed by SECI on the next business day. The liquidated damages realized shall be passed on to KSEBL (100/240b) X Delay beyond Six (18/270)6) Months from SCD: The BESPA capacity shall stand reduced/amended to the Project Capacity commissioned, the entire PBG/POI will be encashed by SECI, and passed on to KSEBL and the BESPA for the Project shall stand terminated for the balance un-commissioned capacity. Accordingly, Contracted Capacity will also stand reduced to Project Capacity commissioned as of six months from the SCD. (bc) 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. 4.6.1 The Project shall be fully commissioned within the Scheduled Commissioning Commercial Operation Date as defined in this Agreement. If the WPD RPD is unable to commission the Project by the Scheduled Commissioning Commercial Operation Date for any of the reasons other than those specified in Article 4.5.1 4.5.1, and 4.5.2, the WPD RPD shall pay to SECI, damages for the delay in such commissioning and making the Contracted Capacity available for dispatch by the Scheduled Commissioning Commercial Operation Date as per the following: (a) Delay beyond the Scheduled Commissioning Commercial Operation Date upto (& including) the date as on 270 days 6 months after the Scheduled Commissioning DateCommercial Operation Date or the extended SCD, as part of the liquidated damages, the if applicable: The total PBG/PBG / POI amount for the Project shall be encashed on per-per day basis and proportionate to the balance capacity not commissioned. In case of calculation of liquidated damages, a ‘month’ shall comprise 30 days. For example, in case of a Project Contracted Capacity of 240 640 MW capacity, if commissioning of 100 MW capacity is delayed by 18 days beyond the SCD, then the liquidated damages shall be: PBG/PBG/ POI amount X (100/240100/640) X (18/27018/180). (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 Guarantee / POI shall be limited to 270 days 6 months after the SCD/extended SCD of the Project. In case, the Commissioning of the Project is delayed beyond 270 days 6 months 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 capacity commissioned within 270 days 6 months after the SCD and the PPA for the balance Capacity capacity will stand terminated and shall be reduced from the project capacityContracted Capacity. However, SECI has the full right to give extension to RPDs beyond the time line as mentioned above in case reason of delay is beyond the reasonable control of RPD. 4.6.3 The WPD RPD further acknowledges and accept that the methodology specified herein above for calculation of liquidated damages payable by the RPD is a genuine and accurate pre-estimation of the actual loss that will be suffered by SECI. RPD further acknowledges that a breach of any of the obligations contained herein result in injuries and that the amount of the liquidated damages fixed or the method of calculating the liquidated damages specified in this Agreement is a genuine and reasonable pre-pre- estimate of the damages that may be suffered by SECI/ Buying entity(s) as the SECI in each case specified under this Agreement or in the PSAAgreement.

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. 4.6.1 The Project shall be fully commissioned within the Scheduled Commissioning Date as defined in this Agreement. If the WPD 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 WPD SPD shall pay to SECINTPC, 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 thedate as on 270 days 6 months after the Scheduled Commissioning Date, as part of the liquidated damages, the total PBG/POI Performance Bank Guarantee/ Payment on Order Instrument 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 (18/27018/180). For the purpose of calculation of liquidated damages, ‘month’ shall be considered consisting of 30 days. (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 6 months after the SCD of the Project. In case, the Commissioning of the Project is delayed beyond 270 days 6 months after the SCD, it shall be considered as an WPD SPD Event of Default and provisions of Article 13 shall apply and the Contracted Capacity shall stand reduced / amended to the Project Capacity Commissioned project capacity commissioned within 270 days 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 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. 4.6.1 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 270 180 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 (18/27018/180). (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 270 180 days after the SCD of the Project. In case, the Commissioning of the Project is delayed beyond 270 180 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 270 180 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. 4.6.1 The Project shall be fully commissioned within the Scheduled Commissioning Date as defined in this Agreement. If the WPD SPD is unable to commission the Project by the Scheduled Commissioning Date for the reasons other than those specified in Article Article 4.5.1 and 4.5.2, the WPD 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 270 days 6 months after the Scheduled Commissioning Date, as part of the liquidated damages, the total PBG/PBG/ POI amount for the Project shall be encashed on per-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 bebe : PBG/POI amount X x (100/240) X x (18/27018/180). (b) . For avoidance the purpose of doubt it is clarified that provisions calculation of Article 4.6.1 will liquidated damages, ‘month’ shall be applicable even in cases where no capacity (i.e. 0 MW) is commissionedconsidered consisting of 30 days. 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 6 months after the SCD of the Project. In case, the Commissioning of the Project is delayed beyond 270 days 6 months after the SCD, it shall be considered as an WPD 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 270 days 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 WPD 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 SECI/ Buying entity(s) as specified under this Agreement or in the PSA.

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 SPD is unable to commission the Project by the Scheduled Commissioning Date for the reasons other than those specified in Article Article 4.5.1 and 4.5.2, the WPD 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 270 days 6 months after the Scheduled Commissioning Date, as part of the liquidated damages, the total PBG/PBG/ POI amount for the Project shall be encashed on per-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 x (100/240) X x (18/27018/180). For the purpose of calculation of liquidated damages, ‘month’ shall be considered consisting of 30 days. (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 6 months after the SCD of the Project. In case, the Commissioning of the Project is delayed beyond 270 days 6 months after the SCD, it shall be considered as an WPD 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 270 days 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 WPD 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 SECI/ Buying entity(s) as specified under this Agreement or in the PSA.

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 HPD 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 HPD 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 24 months from the Scheduled Commissioning Date, as part of the liquidated damages, the Effective Date : The total PBG/POI PBG amount for the Project shall be encashed on per-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 PBG amount X (100/240) X (18/27018/180). (b) . For avoidance the purpose of doubt it is clarified that provisions calculations of Article 4.6.1 will the liquidated damages, ‘month’ shall be applicable even in cases where no capacity (i.e. 0 MW) is commissionedconsidered consisting of 30 days. 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 Guarantee shall be limited to 270 24 months from the Effective Date/270 days after from the SCD of the Project(as applicable). In case, the Commissioning of the Project is delayed beyond 270 days after the SCDtimelines as stipulated above, it shall be considered as an WPD HPD 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 timelines stipulated above and the PPA for the balance Capacity will stand terminated and shall be reduced from the project capacity. 4.6.3 The WPD HPD further acknowledges acknowledge 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. 4.6.1 The Project shall be fully commissioned within the Scheduled Commissioning Date (SCD) as defined in this Agreement. If the WPD RPD is unable to commission the Project by the Scheduled Commissioning Date SCD for any of the reasons other than those specified in Article 4.5.1 4.5.1, and 4.5.2, the WPD RPD shall pay to SECI, damages for the delay in such commissioning and making the Contracted Capacity available for dispatch by the Scheduled Commissioning Date SCD as per the following: (a) Delay beyond the Scheduled Commissioning Date SCD upto (& including) the date as on 270 days 6 months after the Scheduled Commissioning DateSCD or the extended SCD, as part of the liquidated damages, the if applicable: The total PBG/PBG / POI amount for the Project shall be encashed on per-per day basis and proportionate to the balance capacity not commissioned. In case of calculation of liquidated damages, a ‘month’ shall comprise 30 days. For example, in case of a Project Contracted Capacity of 240 640 MW capacity, if commissioning of 100 MW capacity is delayed by 18 days beyond the SCD, then the liquidated damages shall be: PBG/PBG/ POI amount X (100/240100/640) X (18/27018/180). (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 Guarantee / POI shall be limited to 270 days 6 months after the SCD/extended SCD of the Project. In case, the Commissioning of the Project is delayed beyond 270 days 6 months 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 capacity commissioned within 270 days 6 months after the SCD and the PPA for the balance Capacity capacity will stand terminated and shall be reduced from the project capacityContracted Capacity. However, SECI has the full right to give extension to RPDs beyond the time line as mentioned above in case reason of delay is beyond the reasonable control of RPD. 4.6.3 The WPD RPD acknowledges and accept that the methodology specified herein above for calculation of liquidated damages payable by the RPD is a genuine and accurate pre- estimation of the actual loss that will be suffered by SECI. RPD further acknowledges that a breach of any of the obligations contained herein result in injuries and that the amount of the liquidated damages fixed or the method of calculating the liquidated damages specified in this Agreement is a genuine and reasonable pre-pre- estimate of the damages that may be suffered by SECI/ Buying entity(s) as the SECI in each case specified under this Agreement or in the PSAAgreement.

Liquidated Damages not amounting to penalty for delay in Commissioning. 4.6.1 The Project shall be fully commissioned within the Scheduled Commissioning Commercial Operation Date as defined in this Agreement. If the WPD RPD is unable to commission the Project by the Scheduled Commissioning Commercial Operation Date for any of the reasons other than those specified in Article 4.5.1 4.5.1, and 4.5.2, the WPD RPD shall pay to SECI, damages for the delay in such commissioning and making the Contracted Capacity available for dispatch by the Scheduled Commissioning Commercial Operation Date as per the following: (a) Delay beyond the Scheduled Commissioning Commercial Operation Date upto (& including) the date as on 270 days 6 months after the Scheduled Commissioning DateCommercial Operation Date or the extended SCD, as part of the liquidated damages, the if applicable: The total PBG/PBG / POI amount for the Project shall be encashed on per-per day basis and proportionate to the balance capacity not commissioned. In case of calculation of liquidated damages, a ‘month’ shall comprise 30 days. For example, in case of a Project Contracted Capacity of 240 640 MW capacity, if commissioning of 100 MW capacity is delayed by 18 days beyond the SCD, then the liquidated damages shall be: PBG/PBG/ POI amount X (100/240100/640) X (18/27018/180). (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 Guarantee / POI shall be limited to 270 days 6 months after the SCD of the Project. In case, the Commissioning of the Project is delayed beyond 270 days 6 months 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 capacity commissioned within 270 days 6 months after the SCD and the PPA for the balance Capacity capacity will stand terminated and shall be reduced from the project capacityContracted Capacity. However, SECI has the full right to give extension to RPDs beyond the time line as mentioned above in case reason of delay is beyond the reasonable control of RPD. 4.6.3 The WPD RPD further acknowledges and accept that the methodology specified herein above for calculation of liquidated damages payable by the RPD is a genuine and accurate pre-estimation of the actual loss that will be suffered by SECI. RPD further acknowledges that a breach of any of the obligations contained herein result in injuries and that the amount of the liquidated damages fixed or the method of calculating the liquidated damages specified in this Agreement is a genuine and reasonable pre-pre- estimate of the damages that may be suffered by SECI/ Buying entity(s) as the SECI in each case specified under this Agreement or in the PSAAgreement.

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 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 WPD SPD shall pay to SECIJDA, 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 6 months after the Scheduled Commissioning Date, as part of the liquidated damages, the : The total PBG/POI PBG amount for the Project shall be encashed on per-per day basis and proportionate to the balance capacity not commissioned. For example, in In case of calculation of liquidated damages, a Project of 240 MW capacity, if commissioning of 100 MW capacity is delayed by 18 days beyond the SCD, then the liquidated damages ‘month’ 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 commissionedcomprise 30 days. 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 Guarantee shall be limited to 270 days 6 months after the SCD of the Project. In case, the Commissioning of the Project is delayed beyond 270 days 6 months after the SCD, it shall be considered as an WPD 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 270 days 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 WPD 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 SECI/ Buying entity(s) JDA as specified under this Agreement or Agreement. 4.6.4 In case of site specified by the JDA, any delay in handing over Land / land to the PSASPD in accordance with the given timelines, shall entail a corresponding extension in financial closure deadline and scheduled commissioning date, provided that the maximum extension shall be limited to a period of 1 year commencing from the expiry of date of handing over of balance 10% of Land in terms of Article 4.2.7.

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 SPG is unable to commission the Project by the Scheduled Commissioning Date other than for the reasons other than those specified in Article 4.5.1 and 4.5.24.4.1, the WPD SPG shall pay to SECIEDG, 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 Twelve months from the Scheduled Commissioning Date, as part date of signing of PPA between the liquidated damages, the Parties: The total PBG/POI Performance Bank Guarantee amount for the Project shall be encashed on per-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 Guarantee shall be limited to 270 days after 14 Months from the SCD date of signing of PPA between the ProjectParties. In case, the Commissioning of the Project is delayed beyond 270 days after 14 Months from the SCD, it date of signing of PPA between the Parties shall be considered as an WPD 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 270 days after 14 Months of the SCD 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. 4.6.3 . The WPD SPG further acknowledges acknowledge 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 PSAEDG.

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 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 WPD SPD shall pay to SECIBBMB, 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 6 months after the Scheduled Commissioning Date, as part of the liquidated damages, the : The total PBG/POI PBG amount for the Project shall be encashed on per-per day basis and proportionate to the balance capacity not commissioned. For example, in In case of calculation of liquidated damages, a Project of 240 MW capacity, if commissioning of 100 MW capacity is delayed by 18 days beyond the SCD, then the liquidated damages ‘month’ 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 commissionedcomprise 30 days. 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 Guarantee shall be limited to 270 days 6 months after the SCD of the Project. In case, the Commissioning of the Project is delayed beyond 270 days 6 months after the SCD, it shall be considered as an WPD 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 270 days 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 WPD 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 SECI/ Buying entity(s) BBMB as specified under this Agreement or Agreement. 4.6.4 In case of site specified by the BBMB, any delay in handing over Reservoir / land to the PSASPD in accordance with the given timelines, shall entail a corresponding extension in financial closure deadline and scheduled commissioning date, provided that the maximum extension shall be limited to a period of 1 year commencing from the expiry of date of handing over of balance 10% of reservoir / land in terms of Aricle 4.2.7.