Performance Delay Liquidated Damages Sample Clauses

Performance Delay Liquidated Damages. (i) If Seller fails to achieve the Liquefaction Train Production Capacity Performance Guarantee for a Liquefaction Train on or before the Guaranteed Liquefaction Train Substantial Completion Date for such Liquefaction Train, then Seller shall pay to Buyer an amount equal to: (x) in respect of the first [***] Liquefaction Trains to be performance tested, (1) for each of the first [***] of delay, the amount in Dollars set forth opposite such Day on Appendix L (Liquidated Damage Amounts); and (2) thereafter, [***] for each Day of such delay for the next [***]; and (y) in respect of the remaining [***] Liquefaction Trains to be performance tested, (1) for each of the first [***] of delay, the amount in Dollars set forth opposite such Day on Appendix L (Liquidated Damage Amounts); and (2) thereafter, [***] for each Day of such delay for the next [***] (the “
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Performance Delay Liquidated Damages. (i) If Seller fails to achieve the Liquefaction Train Production Capacity Performance Guarantee for a Liquefaction Train on or before the Guaranteed Liquefaction Train Substantial Completion Date for such Liquefaction Train, then Seller shall pay to Buyer an amount equal to: (x) in respect of the first [***] Liquefaction Trains to be performance tested, (1) for each of the first [***] of delay, the amount in Dollars set forth opposite such Day on Appendix L (Liquidated Damage Amounts); and (2) thereafter, [***] per Day for each Day of such delay for the next [***]; and (y) in respect of the subsequent [***] Liquefaction Trains to be performance tested, (1) for each of the first [***] of delay, the amount in Dollars set forth opposite such Day on Appendix L (Liquidated Damage Amounts); and (2) thereafter, [***] [***] Dollars ( [***] ) per Day for each Day of such delay for the next [***] (the “Liquefaction Train Production Capacity Liquidated Damages”). (ii) If Seller fails to achieve either the Liquefaction Train System Production Capacity Performance Guarantee, or the LNG Quality Performance Guarantee on or before the Guaranteed Liquefaction Train System Substantial Completion Date, then Seller shall pay to Buyer an amount equal to (1) for each of the first [***] of delay, the amount in Dollars set forth opposite such Day on Appendix L (Liquidated Damage Amounts); and (2) thereafter, [***] Dollars ( [***] ) per Day for each Day of such delay for the next [***] (the “Liquefaction Train System Production Capacity Liquidated Damages” or the “LNG Quality Liquidated Damages”, as applicable).
Sample 1Sample 2

Related to Performance Delay Liquidated Damages

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • Survival The representations and warranties contained herein shall survive the Closing and the delivery of the Securities.

  • Indemnification Notwithstanding any contrary provision contained in this Agreement, any election hereunder or any termination of this Agreement, and whether or not this Agreement is otherwise carried out, the provisions of Section 5 shall not be in any way affected by such election or termination or failure to carry out the terms of this Agreement or any part hereof.

  • Dimensions Education Bachelor’s or Master’s Degree in Computer Science, Information Systems, or other related field. Or equivalent work experience. A minimum of 5 years of IT work experience with demonstrated knowledge in architecture design, software development, database management systems and systems integration in multi-platform environments.

  • Representations and Warranties Borrower represents and warrants as follows:

  • Definitions As used in this Agreement, the following terms shall have the following meanings:

  • Term The term of this Agreement will be ten (10) years from the Effective Date (as such term may be extended pursuant to Section 4.2, the “Term”).

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!