Penalty for Delay in Commissioning. The Project shall be commissioned by the Scheduled Commercial Operation Date. In case of failure to achieve this milestone, GUVNL shall encash the Performance Bank Guarantee (PBG) in the following manner. a) Delay upto six (6) months from SCOD – GUVNL will encash total Performance Bank Guarantee on per day basis and proportionate to the balance Capacity not commissioned b) In case the commissioning of the project is delayed beyond Six (6) months from SCOD, the tariff discovered after e-Reverse Auction shall be reduced at the rate of 0.50 paise / kWh per day of delay for the delay in such remaining capacity which is not commissioned for the entire term of the PPA. The maximum time period allowed for commissioning of the full Project Capacity with encashment of Performance Bank Guarantee and reduction in the fixed tariff shall be limited to 30 months from the date of execution of PPA or till the Tariff becomes zero, whichever is earlier. c) In case, the Commissioning of the Project is delayed beyond this period as mentioned in Section (b) above, the PPA capacity shall stand reduced / amended to the Capacity Commissioned and the PPA for the balance Capacity will stand terminated and shall be reduced from the selected Project Capacity.

Penalty for Delay in Commissioning. The Project shall be commissioned by the Scheduled Commercial Operation Date. In case of failure to achieve this milestone, the Liquidated Damages shall be applicable as per Article 3.3.

See All (10)

See All (7)

Penalty for Delay in Commissioning. 4.4.1 If the SPG is unable to commission the Project by the Scheduled Commissioning Date, the SPG shall pay to MSEDCL, 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 9 months from the Date of signing of PPA. The total Performance Bank Guarantee amount shall be encashed on per day basis and proportionate to the balance capacity not commissioned. 4.4.2 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 signing of PPA. In case, the Commissioning of the Project is delayed beyond 11 Months from the Date of Signing of PPA, it 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 11 Months of the Date of signing of PPA and the PPA for the balance Capacity will stand terminated and shall be reduced from the project capacity. 4.4.3 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 MSEDCL.

Penalty for Delay in Commissioning. The Project shall be commissioned by the Scheduled Commercial Operation Date, failing which the Power Producer shall be liable to penalty as stipulated herein. The maximum deadline allowed for commissioning of the full Project Capacity with applicable penalty / liquidated damages, shall be limited to the date as on 180 days from the SCOD or the extended SCOD (if applicable). In case of failure to achieve this milestone, GUVNL shall encash the Performance Bank Guarantee (PBG) on per day basis and proportionate to the balance Capacity not commissioned. In case, the Commissioning of the Project is delayed beyond this period, the Power Producer’s Event of Default as per Article 10.2.1 of the PPA shall be considered to have occurred and the PPA capacity shall stand reduced / amended to the Capacity Commissioned till such period as mentioned above (i.e. SCOD + 180 days) and the PPA for the balance Capacity will stand terminated and shall be reduced from the Contracted Capacity. The Power Producer acknowledges that the amount towards penalty for delay in commissioning (Liquidated Damages as mentioned at Article 3.3) is a genuine and reasonable pre-estimate of the damages that may be suffered by XXXXX as specified under this Agreement

Penalty for Delay in Commissioning. The Project shall be commissioned by the Scheduled Commercial Operation Date, failing which the Power Producer shall be liable to penalty as stipulated herein subject to clause 3.3 of this agreement. The maximum deadline allowed for commissioning of the full Project Capacity with applicable penalty / liquidated damages, shall be limited to the date as on 180 days from the SCOD or the extended SCOD (if applicable). Either Party can terminate this Agreement by giving a thirty (30) days’ notice in writing, if the Commercial Operation Date does not occur until six (6) months from the Scheduled Commercial Operation Date, except for occurrence of a Force Majeure Event or the Change in law; unless the Parties have agreed in writing to extend the Scheduled Commercial Operation Date beyond such six (six) month period without any further liability under this Agreement. The Power Producer acknowledges that the amount towards penalty for delay in commissioning (Liquidated Damages as mentioned at Article 3.3) is a genuine and reasonable pre-estimate of the damages that may be suffered by JIL as specified under this Agreement.

Penalty for Delay in Commissioning. The Project shall be commissioned by the Scheduled Commencement of Supply Date (SCSD). Delay in commencement of supply of power, beyond the SCSD shall involve penalties on the Power Producer, as detailed below: a) For delay in commencement of supply of power up to 6 (six) months from SCSD, encashment of Performance Bank Guarantee (PBG) on per-day basis and proportionate to the contracted capacity that has not commenced supply of power. b) For delay in commencement of supply of power beyond 6 (six) months from SCSD, the following shall be applicable:-. (i) The contracted capacity shall stand reduced to the project capacity that has commenced supply of power within the period of SCSD plus 6 (six) months. The PPA for the balance contracted capacity that has not commenced supply of power shall stand terminated. (ii) The Power Producer shall be debarred from participating in bids issued by GUVNL for the following period: a. For one year in case of first default. b. For not less than 2 years and not more than 3 years for second and any subsequent defaults.

Penalty for Delay in Commissioning. The Project shall be commissioned by the SCOD. In case of failure to achieve this milestone, except due to reasons specified under Article 3.3 (i), PSPCL shall encash the Performance Guarantee (PG) in the following manner. a) Delay upto six (6) months from SCOD: PSPCL will encash total Performance Guarantee on per day basis and proportionate to the balance Capacity not commissioned. b) In case the commissioning of the project is delayed beyond Six (6) months from SCOD, the SPD‟s Event of Default as per Article 10.2.1 shall be considered to have occurred and the contracted capacity shall stand reduced to the project capacity commissioned up to SCOD plus 6 (six) months. The PPA for balance capacity not commissioned shall be terminated. The SPD acknowledges that the amount of Liquidated Damages fixed is genuine and reasonable pre-estimate of the damages that may be suffered by PSPCL, as specified under this Agreement.

Penalty for Delay in Commissioning. 1. If the supplier fails to provide the services as mentioned in the contract penalty will be charged.

Penalty for Delay in Commissioning. The Project shall be commissioned by the Scheduled Commencement-of-Supply Date, failing which the Power Producer shall be liable to penalty as stipulated herein. The maximum deadline allowed for commissioning of the full Project Capacity with applicable penalty / liquidated damages, shall be limited to the date as on 180 days from the SCSD or the extended SCSD (if applicable). In case of failure to achieve this milestone, GUVNL shall encash the Performance Bank Guarantee (PBG) on per day basis and proportionate to the balance Capacity not commissioned. In case, the Commissioning of the Project is delayed beyond this period, the Power Producer’s Event of Default as per Article 10.2.1 of the PPA shall be considered to have occurred and the PPA capacity shall stand reduced / amended to the Capacity Commissioned till such period as mentioned above (i.e. SCSD + 180 days) and the PPA for the balance Capacity will stand terminated and shall be reduced from the Contracted Capacity. The generator shall be debarred from participating in the bids by any procurer or any intermidiary procurer for the following period: (i) For one year, in case of first default (ii) For three years for second and and subsequent defaults. Starting date of the above debarment period shall be the date of debarment as notified by GUVNL. The Power Producer acknowledges that the amount towards penalty for delay in commissioning (Liquidated Damages as mentioned at Article 3.3) is a genuine and reasonable pre-estimate of the damages that may be suffered by XXXXX as specified under this Agreement

Penalty for Delay in Commissioning Sample Clauses

Filter & Search

Related Clauses

Parent Clauses

Sub-Clauses