Stipulated Damages. NYSERDA and Seller hereby agree, acknowledge and stipulate that NYSERDA’s retention of amounts provided by Seller as Contract Security pursuant to Article XV, in the proportions stated within this Article, is fair and reasonable under the circumstances and in light of the uncertainty and inability to adequately quantify the harm that would result to NYSERDA as a result of the events that permit NYSERDA to retain such amounts of the Contract Security.
Appears in 17 contracts
Samples: Renewable Energy Standard Agreement, Renewable Energy Standard Agreement, Renewable Energy Standard Agreement
Stipulated Damages. NYSERDA and Seller hereby agree, acknowledge and stipulate that NYSERDAXXXXXXX’s retention of amounts provided by Seller as Contract Security pursuant to this Article XV, in the proportions stated within this Article, is fair and reasonable under the circumstances and in light of the uncertainty and inability to quantify adequately quantify the harm that would result to NYSERDA as a result of the events that permit NYSERDA to retain such amounts of the Contract Security.
Appears in 8 contracts
Samples: Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement, Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement, Purchase and Sale Agreement
Stipulated Damages. NYSERDA and Seller hereby agree, acknowledge and stipulate that NYSERDAXXXXXXX’s retention of amounts provided by Seller as Contract Security pursuant to Article XV, in the proportions stated within this Article, is fair and reasonable under the circumstances and in light of the uncertainty and inability to adequately quantify the harm that would result to NYSERDA as a result of the events that permit NYSERDA to retain such amounts of the Contract Security.
Appears in 7 contracts
Samples: Build Ready Standard Form Agreement, Res Standard Form Agreement, Res Standard Form Agreement
Stipulated Damages. NYSERDA and Seller hereby agree, acknowledge and stipulate that NYSERDA’s retention of amounts provided by Seller as Contract Security pursuant to Article XV, in the proportions stated within this Article, is fair and reasonable under the circumstances and in light of the uncertainty and inability to quantify adequately quantify the harm that would result to NYSERDA as a result of the events that permit NYSERDA to retain such amounts of the Contract Security.
Appears in 3 contracts
Samples: Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement, Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement, Offshore Wind Renewable Energy Certificate Standard Form Purchase and Sale Agreement
Stipulated Damages. NYSERDA and Seller Contractor hereby agree, acknowledge and stipulate that NYSERDA’s retention of amounts provided by Seller Contractor as Contract Security to pursuant to Article XV, in the proportions stated within this Article, is fair and reasonable under the circumstances and in light of the uncertainty and inability to adequately quantify the harm that would result to NYSERDA as a result of the events that permit NYSERDA to retain such amounts of the Contract Security.
Appears in 3 contracts
Samples: Bulk Storage Incentive Standard Agreement, Bulk Storage Incentive Standard Agreement, Bulk Storage Incentive Standard Agreement
Stipulated Damages. NYSERDA and Seller hereby agree, acknowledge and stipulate that NYSERDA’s retention of amounts provided by Seller as Contract Security pursuant to this Article XV, in the proportions stated within this Article, is fair and reasonable under the circumstances and in light of the uncertainty and inability to quantify adequately quantify the harm that would result to NYSERDA as a result of the events that permit NYSERDA to retain such amounts of the Contract Security.
Appears in 3 contracts
Samples: Tier 4 Renewable Energy Certificate Purchase and Sale Agreement, Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement, Tier 4 Renewable Energy Certificate Purchase and Sale Agreement
Stipulated Damages. NYSERDA and Seller hereby agree, acknowledge and stipulate that NYSERDA’s retention of amounts provided by Seller as Contract Security pursuant to this Article XV, in the proportions stated within this Article, for any Event of Default by Seller prior to commencement of Commercial Operation is fair and reasonable under the circumstances and in light of the uncertainty and inability to quantify adequately quantify the harm that would result to NYSERDA as a result of the events that permit NYSERDA any Event of Default by Seller prior to retain such amounts commencement of the Contract SecurityCommercial Operation.
Appears in 1 contract
Samples: Tier 4 Renewable Energy Certificate Purchase and Sale Agreement
Stipulated Damages. NYSERDA and Seller hereby agree, acknowledge and stipulate that NYSERDA’s retention of amounts provided by Seller as Contract Security pursuant to this Article XV, in the proportions stated within this Article, XV is fair and reasonable under the circumstances and in light of the uncertainty and inability to quantify adequately quantify the harm that would result to NYSERDA as a result of the events that permit NYSERDA to retain such amounts of the Contract Security.
Appears in 1 contract
Samples: Tier 4 Renewable Energy Certificate Purchase and Sale Agreement
