Common use of Project Construction and Delay Damages Clause in Contracts

Project Construction and Delay Damages. (a) On or before the later of: (i) the Facility Financing Date or (ii) excavation of the first foundation for the photovoltaic panels, Seller shall provide to PacifiCorp a certificate from a Licensed Professional Engineer confirming that the Required Facility Documents including, but not limited to the material permits, consents and agreements necessary to construct the Facility have been obtained by Seller. (b) If Commercial Operation is not achieved on or before the Scheduled Commercial Operation Date, Seller shall pay to PacifiCorp Delay Damages from and after the Scheduled Commercial Operation Date up to, but not including, the date that the Facility achieves Commercial Operation. (c) If the Facility does not achieve Commercial Operation by the Guaranteed Commercial Operation Date, PacifiCorp may terminate this Agreement pursuant to Section 11. It is acknowledged and agreed that, in the event PacifiCorp terminates this Agreement pursuant to this Section 2.4(c), Delay Damages shall cease to accrue on the earlier of (i) the date of termination or (ii) 120 days after the Guaranteed Commercial Operation Date if PacifiCorp has not terminated. Nothing herein shall preclude PacifiCorp from terminating the Agreement 120 or more days after the Guaranteed Commercial Operation Date. (d) After the date of Final Completion, any Solar Panels that have not been installed and made full operational shall not be part of the Facility, and Seller shall not undertake to add any such omitted Solar Panels to the Facility or to deliver output from any such omitted Solar Panels without the prior written consent of PacifiCorp. Any output of such Solar Panels or Capacity Rights associated with such output shall be treated as Net Output above the Maximum Delivery Rate and is subject to Section 6.8. The Solar Panels and Inverters that are actually installed at the Facility as of the date of Final Completion shall be used to determine the Facility’s final Nameplate Capacity Rating. As long as Seller has achieved Commercial Operation of the Facility, it shall not be liable for damages under this Agreement or in default of this Agreement if the Facility does not thereafter achieve Final Completion at the Facility’s Expected Nameplate Capacity Rating. PacifiCorp’s exclusive remedy for Seller’s failure to achieve Final Completion after Commercial Operation shall as provided in this Section 2.5(d).

Project Construction and Delay Damages. (a) On or before the later of: (i) the Facility Financing Date or (ii) excavation of the first foundation for the photovoltaic panels, Seller shall provide to PacifiCorp a certificate from a Licensed Professional Engineer confirming that the Required Facility Documents including, but not limited to the material permits, consents and agreements necessary to construct the Facility have been obtained by Seller. (b) If Commercial Operation is not achieved on or before the Scheduled Commercial Operation Date, Seller shall pay to PacifiCorp Delay Damages from and after the Scheduled Commercial Operation Date up to, but not including, the date that the Facility achieves Commercial Operation. (c) If the Facility does not achieve Commercial Operation by the Guaranteed Commercial Operation Date, PacifiCorp may terminate this Agreement pursuant to Section 11. It is 11 (it being acknowledged and agreed that, in the event PacifiCorp terminates this Agreement pursuant to this Section 2.4(c), Delay Damages shall cease to accrue on the earlier of (i) the date of termination or (ii) 120 one hundred twenty (120) days after the Guaranteed Commercial Operation Date if PacifiCorp has not terminated. Nothing herein shall preclude PacifiCorp from terminating the Agreement 120 one hundred twenty (120) or more days after the Guaranteed Commercial Operation Date.). (d) After Except as set forth in Section 6.8, after the date of Final Completion, any Solar Panels that have not been installed and made full operational shall not be part of the Facility, and Seller shall not undertake to add any additional Solar Arrays or output from such omitted Solar Panels Arrays to the Facility or to deliver output from any such omitted Solar Panels without the prior written consent of PacifiCorp. Any output of such Solar Panels Array or Capacity Rights associated with such output shall be treated as Net Output above the Maximum Delivery Rate and is subject to Section 6.8. The Solar Panels and Inverters that are actually installed at the Facility as of the date of Final Completion shall be used to determine the Facility’s final Nameplate Capacity Rating. As long as Seller has achieved Commercial Operation of the Facility, it shall not be liable for damages under this Agreement or in default of this Agreement if the Facility does not thereafter achieve Final Completion at the Facility’s Expected Nameplate Capacity Rating. PacifiCorp’s exclusive remedy for Seller’s failure to achieve Final Completion after Commercial Operation shall as provided in this Section 2.5(d).

Project Construction and Delay Damages. (a) On or before the later of: (i) the Facility Financing Date or (ii) excavation of the first foundation for the photovoltaic panels, Seller shall provide to PacifiCorp a certificate from a Licensed Professional Engineer confirming that the Required Facility Documents including, but not limited to including the material permits, consents and agreements necessary to construct operate and maintain the Facility have been obtained by Seller. (b) . If Commercial Operation is not achieved on or before the Scheduled Commercial Operation Date, Seller shall pay to PacifiCorp Delay Damages from and after the Scheduled Commercial Operation Date up to, but not including, the date that the Facility achieves Commercial Operation. (c) . If the Facility does not achieve Commercial Operation by the Guaranteed Commercial Operation Date, PacifiCorp may terminate this Agreement pursuant to Section 11. It is 11 (it being acknowledged and agreed that, in the event PacifiCorp terminates this Agreement pursuant to this Section 2.4(c), Delay Damages shall cease to accrue on the earlier of of (i) the date of termination or (ii) 120 days after the Guaranteed Commercial Operation Date if PacifiCorp has not terminatedterminated this Agreement within 120 days following the Guaranteed Commercial Operation Date). Nothing herein shall preclude PacifiCorp from terminating the Agreement 120 or more days after the Guaranteed Commercial Operation Date. (d) . After the date of Final Completion, any partially completed Solar Panels that have not been installed and made full operational Array shall not be part of the Facility, and Seller shall not undertake to add any such omitted partially completed Solar Panels Array or output from such partially completed Solar Array to the Facility or to deliver output from any such omitted Solar Panels without the prior written consent of PacifiCorp. Any output of such Solar Panels Array or Capacity Rights associated with such output shall be treated as Net Output above the Maximum Delivery Rate and is subject to Section 6.8. The Solar Panels and Inverters that are actually installed at the Facility as of the date of Final Completion shall be used to determine the Facility’s final Nameplate Capacity Rating. As long as Seller has achieved Commercial Operation of the Facility, it shall not be liable for damages under this Agreement or in default of this Agreement if the Facility does not thereafter achieve Final Completion at the Facility’s Expected Nameplate Capacity Rating. PacifiCorp’s exclusive remedy for Seller’s failure to achieve Final Completion after Commercial Operation shall as provided in this Section 2.5(d).

Project Construction and Delay Damages. ‌ (a) On or before the later of: (i) the Facility Financing Date or (ii) excavation of the first foundation for the photovoltaic panels, Seller shall provide to PacifiCorp a certificate from a Licensed Professional Engineer confirming that the Required Facility Documents including, but not limited to the material permits, consents and agreements necessary to construct operate and maintain the Facility have been obtained by Seller. (b) If Commercial Operation is not achieved on or before the Scheduled Commercial Operation Date, Seller shall pay to PacifiCorp Delay Damages from and after the Scheduled Commercial Operation Date up to, but not including, the date that the Facility achieves Commercial Operation. (c) If the Facility does not achieve Commercial Operation by the Guaranteed Commercial Operation Date, PacifiCorp may terminate this Agreement pursuant to Section 11. It is 11 (it being acknowledged and agreed that, in the event PacifiCorp terminates this Agreement pursuant to this Section 2.4(c), Delay Damages shall cease to accrue on the earlier of (i) the date of termination or (ii) 120 one hundred twenty (120) days after the Guaranteed Commercial Operation Date if PacifiCorp has not terminated. Nothing herein shall preclude PacifiCorp from terminating the Agreement 120 one hundred twenty (120) or more days after the Guaranteed Commercial Operation Date.). (d) After the date of Final Completion, any partially completed Solar Panels that have not been installed and made full operational Array shall not be part of the Facility, and Seller shall not undertake to add any those Solar Array or output from such omitted Solar Panels Array to the Facility or to deliver output from any such omitted Solar Panels without the prior written consent of PacifiCorp. Any output of such Solar Panels Array or Capacity Rights associated with such output shall be treated as Net Output above the Maximum Delivery Rate and is subject to Section 6.8. The Solar Panels and Inverters that are actually installed at the Facility as of the date of Final Completion shall be used to determine the Facility’s final Nameplate Capacity Rating. As long as Seller has achieved Commercial Operation of the Facility, it shall not be liable for damages under this Agreement or in default of this Agreement if the Facility does not thereafter achieve Final Completion at the Facility’s Expected Nameplate Capacity Rating. PacifiCorp’s exclusive remedy for Seller’s failure to achieve Final Completion after Commercial Operation shall as provided in this Section 2.5(d).