Penalties in case of Delayed Commissioning Sample Clauses

Penalties in case of Delayed Commissioning. Under normal circumstances the Project has to be commissioned within 12 months from the date of signing of this Agreement. In case of failing to achieve this milestone, DISCOM shall encash the Performance Bank Guarantee which was submitted by Solar Developer to the DISCOM at time of entering the PPA, in the following manner: Contracted Capacity commissioned but with delay:
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Penalties in case of Delayed Commissioning. 10.5.1 Under normal circumstances the Project has to be commissioned within nine months from the date of signing of this Agreement. In case of failing to achieve this milestone, Solar Power Procurer shall encash the Performance Bank Guarantee which was submitted by Solar Developer to the Solar Power Procurer at time of entering the PPA, in the following manner:
Penalties in case of Delayed Commissioning. Under normal circumstances the Project has to be commissioned within Twenty Four (24) months from the Effective Date. In the possibility of any potential delay, the WtE Developer shall make such information available to the Lead ULB and APDISCOM at the earliest. In case of delay in commissioning of the WtE Project for reasons not attributable to DISCOMS, the Construction Performance Security shall be encashed by the Lead ULB as per the terms provided in Clauses 9.2 of the Concession Agreement. Provided that if COD is delayed beyond 120 days after the Scheduled COD, the Lead ULBs shall, subject to the provisions of Article 28 of the Concession Agreement, be entitled to terminate the Concession Agreement and to appropriate the Construction Performance Security. In case of delay in commissioning of the WtE Project due to non-availability of evacuation facilities, DISCOM shall be liable to pay the Developer payments as deemed generation computed at 80% PLF, subject to a maximum of 50% of the total Construction Performance Security furnished by the Developer.
Penalties in case of Delayed Commissioning. Under normal circumstances the Project has to be commissioned w ithin Twelve (12) months for the projects where Delivery Voltage is 33 kV and within Fifteen (15) months for the projects where Delivery Voltage is 132 KV and 220 kV - from the Effective Date. In case of failing to achieve this milestone, DISCOM shall encash the Performance Bank Guarantee which was submitted by Solar Developer to the DISCOM before signing of the PPA, in the following manner: Contracted Capacity commissioned but with delay:
Penalties in case of Delayed Commissioning. Under normal circumstances the Project has to be commissioned within 12 months from the date of signing of this Agreement. In case of failing to achieve this milestone, DISCOM shall encash the Bank Guarantee in the following manner:
Penalties in case of Delayed Commissioning. Under normal circumstances the Project has to be commissioned w ithin Twelve (12) months for the projects where Delivery Voltage is 33 kV and within Fifteen (15) months for the projects where Delivery Voltage is 132 KV and 220 kV - from the Effective Date. In case of failing to achieve this milestone, DISCOM shall encash the Performance Bank Guarantee which was submitted by Solar Developer to the DISCOM before signing of the PPA, in the following manner: Contracted Xxxxxxxx commissioned but with delay: (a) Delay upto one (1) month – DISCOM will encash 20% of Performance Bank Guarantee (INR 5 lakh/MW) on per day basis proportionate to the Capacity not commissioned. (b) Delay of more than one (1) month and upto two months – DISCOM will encash 40% of the Performance Bank Guarantee (INR 10 lakh/MW) on per day basis proportionate to the Capacity not commissioned. (c) Delay of more than two and upto three months – DISCOM will encash the remaining 40% of the Performance Bank Guarantee on per day basis proportionate to the Capacity not commissioned. (d) In case the commissioning of Power Project is delayed beyond three (3) months from the Scheduled Commissioning Date, the SPD shall pay to DISCOM, the Liquidated Damages at rate of Rs 1,00,000/- per MW per day of delay for the delay in such remaining Capacity which is not commissioned. The amount of liquidated damages would be recovered from the SPD from the payments due on account of sale of solar power to DISCOM. (e) The maximum time period allowed for commissioning of the full Project Capacity with encashment of Performance Bank Guarantee and payment of Liquidated Damages shall be limited to six (6) months from the Scheduled COD as per this Agreement. In case, the commissioning of the Power Project is delayed beyond six (6) months from the Scheduled COD as per this Agreement, it shall be considered as an SPD Event of Default and provisions of Article 10 shall apply and the Contracted Capacity shall stand reduced/amended to the Project Capacity Commissioned within six (6) months from the Scheduled COD as per this Agreement and the PPA for the balance Capacity will stand terminated. (f) For all other cases of Solar Power Developer Event of Default, procedure as provided in Clause 10.3 shall be applicable.
Penalties in case of Delayed Commissioning. Under normal circumstances the Project has to be commissioned within Twenty Four (24) months for the projects where inter-connection point is at 33 kV and 132 kV voltage level from the date of signing of this Agreement. In case of failing to achieve this milestone, DISCOM shall encash the Performance Bank Guarantee which was submitted by Mini Hydel Developer to the DISCOM at time of entering the PPA, in the following manner: Contracted Capacity commissioned but with delay:
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Related to Penalties in case of Delayed Commissioning

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  • Termination for Changes in Budget or Law The JBE’s payment obligations under this Agreement are subject to annual appropriation and the availability of funds. Expected or actual funding may be withdrawn, reduced, or limited prior to the expiration or other termination of this Agreement. Funding beyond the current appropriation year is conditioned upon appropriation of sufficient funds to support the activities described in this Agreement. The JBE may terminate this Agreement or limit Contractor’s Services (and reduce proportionately Contractor’s fees) upon Notice to Contractor without prejudice to any right or remedy of the JBE if: (i) expected or actual funding to compensate Contractor is withdrawn, reduced or limited; or (ii) the JBE determines that Contractor’s performance under this Agreement has become infeasible due to changes in applicable laws.

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