No Breach for Delivery Event. Seller shall not be liable for or considered in breach of this Agreement to the extent that Seller's failure to deliver Contract Capacity and Energy is due to a Delivery Event. In addition, to the extent that the Facility Completion Date is delayed as a result of a Delivery Event which prevents testing of the Facility, then the Facility Completion Date shall be extended, in each case by the period of such Delivery Event.
Appears in 3 contracts
Samples: Consent and Agreement, Consent and Agreement, Consent and Agreement
No Breach for Delivery Event. Seller shall not be liable for or considered in breach of this Agreement to the extent that Seller's failure to deliver Contract Capacity and Energy is due to a Delivery Event. In addition, to the extent that the Facility Completion Date Seller is delayed in achieving Commercial Operation as a result of a Delivery Event which prevents testing of the Facility, then the Facility Completion Commercial Operation Date shall be extended, in each case by the period of such Delivery Event.
Appears in 1 contract
Samples: Consent and Agreement
