Schedule Liquidated Damages Sample Clauses

Schedule Liquidated Damages. Vendor understands that if Vendor does not support EPC Contractor’s achievement of Substantial Completion by the Guaranteed Substantial Completion Date, as both terms are defined in the ECC, through the timely performance of it Scope of Work, as specified hereunder, and under the CPSFA, Owner will suffer damages which are difficult to determine and accurately specify. Vendor agrees, to pay liquidated damages for delay, subject to the limitations set forth in this Section 8.3.1, in Section 8.3.3 and in Article 21 (“Delay Liquidated Damages”) as follows: For each day that the steam output of the Solar Field and SRSG is insufficient (as defined in Section 8.2.3 of the Scope Book, as defined in the ECC) to enable the EPC Contractor to achieve Substantial Completion by the Guaranteed Substantial Completion Date under the ECC, and such failure is due to Vendor’s breach of the Solar Field and SRSG Performance Guarantee under this Agreement, or a failure of Vendor’s performance under the CPSFA, and not due to the Owner’s, EPC Contractor’s or Operator’s improper storage, handling, installation, erection, commissioning, start-up, operation or maintenance of the Solar Field or SRSG (excluding commissioning and start-up services with respect to the Leased Tools and the Solar Field provided by Vendor, its Affiliates or subcontractors) or to the EPC Contractor’s conduct of his other work under the ECC, Vendor shall pay to Owner, as Delay Liquidated Damages, [*] subject to a limitation equal to the lesser of: (i) an aggregate cap for such Delay Liquidated Damages under this Agreement of [*]; or (ii) a combined aggregate cap for such Delay Liquidated Damages and any delay liquidated damages assessed against and paid by Vendor or its Affiliates under the SFSS in respect of the failure to achieve Substantial Completion by the Guaranteed Substantial Completion Date under the ECC of [*]; provided, that in no event shall Vendor and its Affiliates be liable for more than [*] for each day of delay under this Agreement and the SFSS in the cumulative aggregate. Vendor shall not be liable for Delay Liquidated Damages during any period of time for which an extension of the Scheduled Substantial Completion Date is available under the ECC due to a Change Event (as defined in the ECC) unless such extension arises pursuant to Section 11.1.3 of the ECC due by a defect in the “Solar Field Equipment” or “Solar Receiver Steam Generator”, as such terms are defined in the ECC, for which the E...
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Schedule Liquidated Damages. Schedule Liquidated Damages are described (and shall be determined as provided) in Exhibits C-3, and are partially accumulated by: (i) cumulative retention over the course of the Agreement; and (ii) withholding of Milestone Payments, particularly those associated with testing and commercial operation, but only if testing and commercial operation have not occurred prior to the Guaranteed Completion Date and then only if Retention is not sufficient.
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Schedule Liquidated Damages. Vendor understands that if Vendor does not achieve the schedule dates listed below in this Section 8.1.1, Bechtel will suffer damages which are difficult to determine and accurately specify. Vendor agrees, subject to Section 8.1.3 below, to pay liquidated damages for delay as follows (“Schedule Liquidated Damages”):
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Schedule Liquidated Damages. In the event of a delay in Shipment or Delivery (as applicable, depending upon which of such events has an applicable Guaranteed Date in Section 4.1(a)) of a Unit or if Seller's failure to comply with the requirements of this Contract with respect to Equipment and Services causes a delay in the achievement of Commercial Operation of one or more Units, the Parties agree that Buyer's loss would be difficult to determine. Each Party acknowledges and agrees, after taking into account the terms of this Contract and all relevant circumstances at the date hereof, that the liquidated damages payable under this Section 17.1 represent a reasonable and genuine pre-estimate of the damages which would be suffered by Buyer in the event of a delay in the Delivery or Shipment (as applicable) of one or more Units or a delay in the achievement of Commercial Operation of one or more Units and does not constitute a penalty. Accordingly, Seller and Buyer agree, as a predetermined reasonable and exclusive remedy for any such loss to the following liquidated damages:
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Schedule Liquidated Damages. (a) Company and Contractor acknowledge and agree that any failure to achieve Substantial Completion for the Project by the Guaranteed Completion Date will directly cause substantial damage to Company, which damage cannot be ascertained with reasonable certainty. If Contractor fails to achieve Substantial Completion for the Project by the Guaranteed Completion Date, subject to Section 11.4(c), it shall pay to Company, as liquidated and agreed damages and not as a penalty, an amount (collectively, the “Schedule Liquidated Damages”) as set forth in Exhibit R for each applicable Day (or portion thereof) as set forth in such Exhibit R that Substantial Completion is delayed beyond the Guaranteed Completion Date, commencing with the first Day following the Guaranteed Completion Date.
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Schedule Liquidated Damages. 11.2.1 FPL and Contractor acknowledge and agree that any failure to achieve Provisional Acceptance for the Project by the Guaranteed Provisional Acceptance Date or any failure of the Project, between the Provisional Acceptance Date and Final Acceptance, to operate at or above the Minimum Performance Level will directly cause substantial damage to FPL, which damage cannot be ascertained with reasonable certainty. Accordingly, if Contractor shall fail to achieve Provisional Acceptance for the Project by the Guaranteed Provisional Acceptance Date, or if at any time between the Provisional Acceptance Date and Final Acceptance the performance of the Project falls below the Minimum Performance Level (other than as a result of FPL’s improper operation of the Project, FPL Caused Delay or a Force Majeure Event), subject to Section 11.5.3, Aggregate Liquidated Damages, it shall pay to FPL, as liquidated and agreed damages and not as a penalty, an amount (collectively, the “Schedule Liquidated Damages”) equal to $*** for each Day that:
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Schedule Liquidated Damages. (a) Owner and Contractor acknowledge and agree that any failure to achieve Commercial Operation for each Phase by the applicable Guaranteed Commercial Operation Date will directly cause substantial damage to Owner, which damage cannot be ascertained with reasonable certainty. Accordingly, if Contractor shall fail to achieve Commercial Operation for either Phase by the applicable Guaranteed Commercial Operation Date, subject to Section 11.07(c), it shall pay to Owner, as liquidated damages, the following amounts (collectively, the "Schedule Liquidated Damages"):
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Schedule Liquidated Damages. (a) Company and Contractor acknowledge and agree that any failure to achieve Substantial Completion for the Project by the Guaranteed Completion Date will directly cause substantial damage to Company, which damage cannot be ascertained with reasonable certainty. If Contractor fails to achieve Substantial Completion for the Project by the Guaranteed Completion Date, subject to Section 11.4(c), it shall pay to Company, as liquidated and agreed damages and not as a penalty, an amount (collectively, the
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Schedule Liquidated Damages. Subproject #1: With respect to Subproject #1 (defined in Section 6 of the Amendment), for each day after such Subproject’s Guaranteed Final Completion Date, but prior to December 31, 2010 (the “NSR Consent Decree Date”), that Final Completion is delayed for such Subproject, but only for that portion of such delay caused by the Contractor, the Contractor shall pay FirstEnergy as Liquidated Damages [$******] for each day of delay. For each day after the NSR Consent Decree Date that the Final Completion of Subproject #1 is delayed, but only for that portion of such delay caused by the Contractor, the Contractor shall pay FirstEnergy as Liquidated Damages, calculated on a daily basis, an amount equal to the greater of: (a) [$******] for each day of delay, or (b) [$******] for each megawatt hour by which any affected Generating Unit(s) in the subject Subproject operates below its full NDC (defined in Exhibit 7.2) as a result of the event(s) or condition(s) causing, or efforts undertaken to cure, the failure to achieve Final Completion, but not to exceed [$******] per day of delay for such Subproject. Notwithstanding the foregoing, from the time that all elements of Final Completion have been met other than achievement of the Reliability Standard, Contractor shall pay FirstEnergy as Liquidated Damages for delay in achieving the Reliability Standard after the Guaranteed Final Completion Date for Subproject #1 an amount equal to [$******] for each megawatt hour by which any affected Generating Unit(s) in the subject Subproject operates below its full NDC (defined in Exhibit 7.2) as a result of the event(s) or condition(s) causing, or efforts undertaken to cure, the failure to achieve the Reliability Standard, but only for that portion of such megawatt hour reduction caused by the Contractor, such amount not to exceed [$******] per day for such Subproject prior to the NSR Consent Decree Date and [$******] per day for such Subproject after the NSR Consent Decree Date. For the avoidance of doubt, and without limiting other reasons therefor, for purposes of the two preceding paragraphs, a Generating Unit shall be considered to be operating below its full NDC if the terms of the NSR Consent Decree regarding emission reduction and control requirements or other Applicable Law prohibit operation of the Generating Unit at its full NDC. Subproject #2: With respect to Subproject #2 (defined in Section 6 of the Amendment), for each day after such Subproject’s Guaranteed Final...
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Related to Schedule Liquidated Damages

  • Payment of Liquidated Damages If you supply all or some of your milk to a third party during a Month you must, if required by DFMC, immediately pay to DFMC liquidated damages for that Month calculated as follows: $X = W cents x (Y – Z) Where: $X is the amount payable by you to DFMC for the relevant Month. If $X is a negative amount, no amount is payable by you. Y is the average monthly litres you have supplied to DFMC based on the 12 months immediately preceding the relevant Month (or in the event you have not supplied DFMC for 12 months, the average monthly litres you have supplied to DFMC during the period you have supplied DFMC). Z is the number of litres supplied to DFMC by you for the relevant Month.

  • Liquidated Damages The Company’s obligations to pay any partial liquidated damages or other amounts owing under the Transaction Documents is a continuing obligation of the Company and shall not terminate until all unpaid partial liquidated damages and other amounts have been paid notwithstanding the fact that the instrument or security pursuant to which such partial liquidated damages or other amounts are due and payable shall have been canceled.

  • Waiver of Liquidated Damages If the Partnership is unable to cause a Registration Statement to become effective on or before the Target Effective Date, then the Partnership may request a waiver of the Liquidated Damages, which may be granted by the consent of the Holders of at least the Registrable Securities Required Voting Percentage, in their sole discretion, and which such waiver shall apply to all the Holders of Registrable Securities included on such Registration Statement.

  • Obligation Absolute; Partial Liquidated Damages The Company’s obligations to issue and deliver the Conversion Shares upon conversion of this Debenture in accordance with the terms hereof are absolute and unconditional, irrespective of any action or inaction by the Holder to enforce the same, any waiver or consent with respect to any provision hereof, the recovery of any judgment against any Person or any action to enforce the same, or any setoff, counterclaim, recoupment, limitation or termination, or any breach or alleged breach by the Holder or any other Person of any obligation to the Company or any violation or alleged violation of law by the Holder or any other Person, and irrespective of any other circumstance which might otherwise limit such obligation of the Company to the Holder in connection with the issuance of such Conversion Shares; provided, however, that such delivery shall not operate as a waiver by the Company of any such action the Company may have against the Holder. In the event the Holder of this Debenture shall elect to convert any or all of the outstanding principal amount hereof, the Company may not refuse conversion based on any claim that the Holder or anyone associated or affiliated with the Holder has been engaged in any violation of law, agreement or for any other reason, unless an injunction from a court, on notice to Holder, restraining and or enjoining conversion of all or part of this Debenture shall have been sought and obtained, and the Company posts a surety bond for the benefit of the Holder in the amount of 150% of the outstanding principal amount of this Debenture, which is subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the underlying dispute and the proceeds of which shall be payable to the Holder to the extent it obtains judgment. In the absence of such injunction, the Company shall issue Conversion Shares or, if applicable, cash, upon a properly noticed conversion. If the Company fails for any reason to deliver to the Holder such Conversion Shares pursuant to Section 4(c)(ii) by the Share Delivery Date, the Company shall pay to the Holder, in cash, as liquidated damages and not as a penalty, for each $1,000 of principal amount being converted, $10 per Trading Day (increasing to $20 per Trading Day on the fifth (5th) Trading Day after such liquidated damages begin to accrue) for each Trading Day after such Share Delivery Date until such Conversion Shares are delivered or Holder rescinds such conversion. Nothing herein shall limit a Hxxxxx’s right to pursue actual damages or declare an Event of Default pursuant to Section 8 hereof for the Company’s failure to deliver Conversion Shares within the period specified herein and the Holder shall have the right to pursue all remedies available to it hereunder, at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief. The exercise of any such rights shall not prohibit the Holder from seeking to enforce damages pursuant to any other Section hereof or under applicable law.

  • No Duty to Collect Amounts Due From Dividend and Transfer Agent The Custodian shall not be under any duty or obligation to take action to effect collection of any amount due to the Trust from any Dividend and Transfer Agent of the Trust nor to take any action to effect payment or distribution by any Dividend and Transfer Agent of the Trust of any amount paid by the Custodian to any Dividend and Transfer Agent of the Trust in accordance with this Agreement.

  • Severability; Maximum Payment Amounts If any provision of this Agreement is prohibited by law or otherwise determined to be invalid or unenforceable by a court of competent jurisdiction, the provision that would otherwise be prohibited, invalid or unenforceable shall be deemed amended to apply to the broadest extent that it would be valid and enforceable, and the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of this Agreement so long as this Agreement as so modified continues to express, without material change, the original intentions of the parties as to the subject matter hereof and the prohibited nature, invalidity or unenforceability of the provision(s) in question does not substantially impair the respective expectations or reciprocal obligations of the parties or the practical realization of the benefits that would otherwise be conferred upon the parties. The parties will endeavor in good faith negotiations to replace the prohibited, invalid or unenforceable provision(s) with a valid provision(s), the effect of which comes as close as possible to that of the prohibited, invalid or unenforceable provision(s). Notwithstanding anything to the contrary contained in this Agreement or any other Transaction Document (and without implication that the following is required or applicable), it is the intention of the parties that in no event shall amounts and value paid by the Company and/or any of its Subsidiaries (as the case may be), or payable to or received by any of the Buyers, under the Transaction Documents (including without limitation, any amounts that would be characterized as “interest” under applicable law) exceed amounts permitted under any applicable law. Accordingly, if any obligation to pay, payment made to any Buyer, or collection by any Buyer pursuant the Transaction Documents is finally judicially determined to be contrary to any such applicable law, such obligation to pay, payment or collection shall be deemed to have been made by mutual mistake of such Buyer, the Company and its Subsidiaries and such amount shall be deemed to have been adjusted with retroactive effect to the maximum amount or rate of interest, as the case may be, as would not be so prohibited by the applicable law. Such adjustment shall be effected, to the extent necessary, by reducing or refunding, at the option of such Buyer, the amount of interest or any other amounts which would constitute unlawful amounts required to be paid or actually paid to such Buyer under the Transaction Documents. For greater certainty, to the extent that any interest, charges, fees, expenses or other amounts required to be paid to or received by such Buyer under any of the Transaction Documents or related thereto are held to be within the meaning of “interest” or another applicable term to otherwise be violative of applicable law, such amounts shall be pro-rated over the period of time to which they relate.

  • Payment of accrued default interest Subject to the other provisions of this Agreement, any interest due under this Clause shall be paid on the last day of the period by reference to which it was determined; and the payment shall be made to the Agent for the account of the Creditor Party to which the overdue amount is due.

  • Amount and Payment of Special Interest Any Special Interest that accrues on a Note pursuant to Section 7.03(A) will be payable on the same dates and in the same manner as the Stated Interest on such Note and will accrue at a rate per annum equal to one quarter of one percent (0.25%) of the principal amount thereof for the first ninety (90) days on which Special Interest accrues and, thereafter, at a rate per annum equal to one half of one percent (0.50%) of the principal amount thereof; provided, however, that in no event will Special Interest, together with any Additional Interest, accrue on any day on a Note at a combined rate per annum that exceeds one half of one percent (0.50%). For the avoidance of doubt, any Special Interest that accrues on a Note will be in addition to the Stated Interest that accrues on such Note and, subject to the proviso of the immediately preceding sentence, in addition to any Additional Interest that accrues on such Note.

  • Payment of Damages The indemnification required hereunder shall be made by periodic payments of the amount thereof during the course of the investigation or defense, within 10 days as and when reasonably specific bills are received or loss, liability, claim, damage or expense is incurred and reasonable evidence thereof is delivered. In calculating any amount to be paid by an indemnifying party by reason of the provisions of this Agreement, the amount shall be reduced by all reimbursements (including, without limitation, insurance proceeds) credited to or received by the other party related to the Damages.

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