Common use of Project Construction, Delay Damages and Deficit Damages Clause in Contracts

Project Construction, Delay Damages and Deficit Damages. 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 the material permits, consents and agreements necessary to operate and maintain the Facility have been obtained by Seller. 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. If the Facility does not achieve Commercial Operation by the Guaranteed Commercial Operation Date, PacifiCorp may terminate this Agreement pursuant to Section 11. If the Facility achieves Final Completion based on less than one hundred percent (100%) of the Expected Nameplate Capacity Rating, Seller shall pay to PacifiCorp Deficit Damages. After the date of Final Completion, any partially completed Solar Array shall not be part of the Facility, and Seller shall not undertake to add any such partially completed Solar Array or output from such partially completed Solar Array to the Facility without the prior written consent of PacifiCorp. Any output of such Solar 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.

Project Construction, Delay Damages and Deficit Damages. On or before the later of: (i) the Facility Financing Date or (ii) excavation of the first foundation for the photovoltaic panelsfirst Wind Turbine, Seller shall provide to PacifiCorp a certificate from a Licensed Professional Engineer confirming that the Required Facility Documents including the material permits, consents and agreements necessary to operate and maintain the Facility have been obtained by Seller. 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. If the Facility does not achieve Commercial Operation by the Guaranteed Commercial Operation Date, PacifiCorp may terminate this Agreement pursuant to Section 11. If the Facility achieves Final Completion based on less than one hundred percent (100%) of the Expected Nameplate Capacity Rating, Seller shall pay to PacifiCorp Deficit Damages. After the date of Final Completion, any partially completed Solar Array Wind Turbine shall not be part of the Facility, and Seller shall not undertake to add any such partially completed Solar Array or output from such partially completed Solar Array Wind Turbine to the Facility without the prior written consent of PacifiCorp. Any output of such Solar Array Wind Turbine 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.

Project Construction, Delay Damages and Deficit Damages. On or before the later of: (i) the Facility Financing Date or (ii) excavation of the first tower foundation for the photovoltaic panelsfirst Wind Turbine, Seller shall provide to PacifiCorp a certificate from a Licensed Professional Engineer confirming that the Required Facility Documents including the material permits, consents and agreements necessary to operate and maintain the Facility have been obtained by Seller. 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. If the Facility does not achieve Commercial Operation by the Guaranteed Commercial Operation Date, PacifiCorp may terminate this Agreement pursuant to Section 11. If the Facility achieves Final Completion based on less than one hundred percent (100%) of the Expected Nameplate Capacity Rating, Seller shall pay to PacifiCorp Deficit Damages. After the date of Final Completion, any partially completed Solar Array Wind Turbine shall not be part of the Facility, and Seller shall not undertake to add any such partially completed Solar Array or output from such partially completed Solar Array Wind Turbine to the Facility without the prior written consent of PacifiCorp. Any output of such Solar Array Wind Turbine or Capacity Rights associated with such output shall be treated as Net Output above the Maximum Delivery Rate and is subject to Section 6.85.7.