Milestone Dates and Liquidated Damages. The Generator acknowledges that time is of the essence to the Counterparty with respect to attaining Commercial Operation of each of Units 3 through 8 that is to be Refurbished in accordance with the terms hereof by its respective Milestone Date and if any such Unit does not achieve Commercial Operation on or before its Milestone Date, the following provisions shall apply with respect to such Unit: (a) Subject to Section 2.10(g), in each Month in which a Milestone Date of a Unit to be Refurbished occurs and the Commercial Operation Date of such Unit has not occurred and for each Month of the Term thereafter until such Commercial Operation Date has occurred (each such Month or part thereof, including the Month in which such Commercial Operation Date occurs, being an “LD Month”), the Generator shall pay to the Counterparty for an LD Month, as liquidated damages and not as a penalty, an amount equal to the sum of the Daily LD Amount for each calendar day for which Commercial Operation has not been achieved in such LD Month (but for certainty, the first LD Month for such Unit shall only include the calendar days after the applicable Milestone Date). The “Daily LD Amount” shall be:
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Samples: Bruce Power Refurbishment Implementation Agreement, Bruce Power Refurbishment Implementation Agreement
Milestone Dates and Liquidated Damages. The Generator BALP acknowledges that time is of the essence to the Counterparty with respect to attaining Commercial Operation of each of Units 1, 2, 3 through 8 that is to be Refurbished in accordance with the terms hereof and 4 by its respective Milestone Date and if Date. If any such Unit does not achieve Commercial Operation on or before its Milestone Date, the following provisions shall apply with respect to such Unitapply:
(a) Subject to Section 2.10(g), in In each Month in which a Milestone Date of a Unit to be Refurbished occurs and the Commercial Operation Date of such Unit has not occurred and for each Month of the Term thereafter until such Commercial Operation Date has occurred (each such Month or part thereof, including the Month in which such Commercial Operation Date occurs, being an “LD Month”), the Generator BALP shall pay to the Counterparty for an LD Month, as liquidated damages and not as a penalty, an amount equal to the sum of the Daily LD Amount for each calendar day for which Commercial Operation has not been achieved in such LD Month (but for certainty, the first LD Month for such Unit shall only include the calendar days after the applicable Milestone Date). The “Daily LD Amount” shall be:
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Milestone Dates and Liquidated Damages. The Generator acknowledges that time is of the essence to the Counterparty with respect to attaining Commercial Operation of each of Units 3 through 8 that is to be Refurbished in accordance with the terms hereof by its respective Milestone Date and if any such Unit does not achieve Commercial Operation on or before its Milestone Date, the following provisions shall apply with respect to such Unit:
(a) Subject to Section 2.10(g), in each Month in which a Milestone Date of a Unit to be Refurbished occurs and the Commercial Operation Date of such Unit has not occurred and for each Month of the Term thereafter until such Commercial Operation Date has occurred (each such Month or part thereof, including the Month in which such Commercial Operation Date occurs, being an “LD Month”), the Generator shall pay to the Counterparty for an LD Month, as liquidated damages and not as a penalty, an amount equal to the sum of the Daily LD Amount for each calendar day for which Commercial Operation has not been achieved in such LD Month (but for certainty, the first LD Month for such Unit shall only include the calendar days after the applicable Milestone Date). The “Daily LD Amount” shall be:
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