Substantial Completion Delay Liquidated Damages. In accordance with Sections 13.1A and 13.1.B of the EPC Agreement, if Substantial Completion occurs after the Guaranteed Substantial Completion Date (as adjusted by Change Order), for the applicable Train, Contractor shall pay to Owner Substantial Completion Delay Liquidated Damages in the amounts set forth in this Attachment E for each Day, or portion thereof, of delay until Substantial Completion occurs for the applicable Train, subject to the limitations in Section 20.2 of the EPC Agreement, provided that if Substantial Completion occurs within [***] ([***]) Days following the Guaranteed Substantial Completion Date (as adjusted by Change Order), for the applicable Train (the “Grace Period”), then Contractor shall not be required to pay any Substantial Completion Delay Liquidated Damages for the applicable Train. If Substantial Completion occurs after the end of the Grace Period (i.e., [***] ([***]) Days (or later) after the Guaranteed Substantial Completion Date (as adjusted by Change Order), for the applicable Train), then Contractor shall pay to Owner Substantial Completion Delay Liquidated Damages in the amounts set forth in this Attachment E for each Day of delay during the Grace Period and thereafter Contractor shall pay to Owner Substantial Completion Delay Liquidated Damages in accordance with Sections 13.1A, 13.1B and 13.2 of the EPC Agreement and this Attachment E. If Owner requests that Contractor perform any of the Additional Work Options, all of the per Day Delay Liquidated Damages amounts listed below for the Substantial Completion Delay of Train 2 will increase in an amount equal to the amount of the increase in the Contract Price due to the Additional Work Option, divided by [***] (or, expressed mathematically: Increase in Contract Price * [***]) / [***]). For purposes of example only, if the Contract Price increases $[***] due to an Additional Work Option elected by Owner, each of the per Day Delay Liquidated Damages amounts below for Train 2 will be increased by $[***], so that if Substantial Completion of Train 2 was achieved [***] Days late, Contractor would owe $[***] ([***] Days* ($[***] + *[***]) / Day. SUBSTANTIAL COMPLETION DELAY OF TRAIN 1 Per Day Delay Liquidated Damages Amount [***] to [***] Days after the Guaranteed Substantial Completion Date $[***] [***] to [***] Days after the Guaranteed Substantial Completion Date $[***] [***] to [***] Days after the Guaranteed Substantial Completion Date $[***] [***] to [***] Days after ...
Substantial Completion Delay Liquidated Damages. 5 Owner and Contractor acknowledge and agree that any failure of Contractor to cause Project Substantial Completion to occur by the applicable Guaranteed Substantial Completion Date will directly cause substantial damage to Owner, which damage cannot be ascertained with reasonable certainty. Thus, if such failure occurs, Contractor shall pay to Owner, as liquidated and agreed damages and not as a penalty, the following amount (collectively, “Substantial Completion Liquidated Damages”): $ per Day that Project Substantial Completion is delayed beyond the Guaranteed Substantial completion Date.6
Substantial Completion Delay Liquidated Damages. (a) If Owner fails to achieve Substantial Completion by the Substantial Completion Deadline, as it may have been extended due to Force Majeure, Owner shall be liable for and pay to CHGE liquidated damages in an amount equal to $[690.00] 1 per MW of Contract Capacity per Calendar Day (“Substantial Completion Delay Liquidated Damages”) for each Calendar Day from and including the Substantial Completion Deadline to and excluding the earlier to occur of (i) the date that the Project achieves Substantial Completion or (ii) the Guaranteed Commercial Operation Deadline.
Substantial Completion Delay Liquidated Damages. 5 Owner and Contractor acknowledge and agree that any failure of Contractor to cause Project Substantial Completion to occur by the applicable Guaranteed Substantial Completion Date will directly cause substantial damage to Owner, which damage cannot be ascertained with reasonable certainty. Thus, if such failure occurs, Contractor shall pay to Owner, as liquidated and agreed damages and not as a penalty, the following amount (collectively, “Substantial Completion Liquidated Damages”): $_____ per Day that Project Substantial Completion is delayed beyond the Guaranteed Substantial completion Date.6 Contractor shall not be relieved from the obligation to meet the Guaranteed Substantial Completion Dates except to the extent any such date is extended pursuant to a Change Order or a written notice from Owner.
Substantial Completion Delay Liquidated Damages. Subject to Section 21.2C, Contractor’s maximum liability to Owner for Substantial Completion Delay Liquidated Damages is ***.
Substantial Completion Delay Liquidated Damages. (a) If Owner fails to achieve Substantial Completion by the Substantial Completion Deadline, as it may have been extended due to Force Majeure, Owner shall be liable for and pay to NYSEG liquidated damages in an amount equal to $[XXX] per MW of Contract Capacity per day (“Substantial Completion Delay Liquidated Damages”) for each day from and including the Substantial Completion Deadline to and excluding the earlier to occur of (i) the date that the Project achieves Substantial Completion or (ii) the Guaranteed Commercial Operation Deadline.
Substantial Completion Delay Liquidated Damages. (a) If Owner fails to achieve Substantial Completion by the Substantial Completion Deadline, as it may have been extended in accordance with Section 2.03, Owner shall be liable for and pay to CECONY liquidated damages in an amount equal to $400 per MW1 of Contract Capacity per day (“Substantial Completion Delay Liquidated Damages”) for each day from and including the Substantial Completion Deadline to and excluding the earlier to occur of (i) the date that the Project achieves Substantial Completion or (ii) the Guaranteed Commercial Operation Deadline.
Substantial Completion Delay Liquidated Damages. Xxxxxx Mechanical understands that if Substantial Completion is not attained by the earlier of April 1, 2008 or the date that is thirty (30) days from the date Mechanical Completion is attained (the first date to occur being the “Scheduled Substantial Completion Date”), Owner will suffer damages which are difficult to specify-accurately and ascertain. Xxxxxx Mechanical agrees that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, Xxxxxx Mechanical shall pay to Owner a sum equal to $10,000.00 per day for each day that Substantial Completion is attained after April 1, 2008, $15,000.00 per day for each day that Substantial Completion is attained after April 16, 2008, and $20,000.00 for each day that Substantial Completion is attained after April 30, 2008 (it being understood that the per-day liquidated damages amount escalates and is payable on a $10,000.00, $15,000.00, or $20,000.00 per-day basis and not in the aggregate per day). By way of example, if Substantial Completion is attained on April 17, 2008, the liquidated damages will be paid for fifteen (15) days at $10,000.00 per day and two (2) days at $15,000.00, for a total liquidated damages amount of $180,000.00. Xxxxxx Mechanical’s total collective liability to Owner for Delay Liquidated Damages as provided in this Section 5.4, shall not exceed $*
Substantial Completion Delay Liquidated Damages. (“Substantial Completion Delay Liquidation Damages”).
Substantial Completion Delay Liquidated Damages. In accordance with Sections 13.1A and 13.1.B of the EPC Agreement, if Substantial Completion occurs after the Guaranteed Substantial Completion Date (as adjusted by Change Order), for the applicable Train, Contractor shall pay to Owner Substantial Completion Delay Liquidated Damages in the amounts set forth in this Attachment E for each Day, or portion thereof, of delay until Substantial Completion occurs for the applicable Train, subject to the limitations in Section 20.2 of the EPC Agreement. [***]. SUBSTANTIAL COMPLETION DELAY OF TRAIN 1 Per Day Delay Liquidated Damages Amount [***] to [***] Days after the Guaranteed Substantial Completion Date $[***] [***] to [***] Days after the Guaranteed Substantial Completion Date $[***] [***] to [***] Days after the Guaranteed Substantial Completion Date $[***] [***] to [***] Days after the Guaranteed Substantial Completion Date $[***] [***] to [***] Days after the Guaranteed Substantial Completion Date $[***] More than [***] Days after the Guaranteed Substantial Completion Date $[***] SUBSTANTIAL COMPLETION DELAY OF TRAIN 2 Per Day Delay Liquidated Damages Amount [***] to [***] Days after the Guaranteed Substantial Completion Date $[***] [***] to [***] Days after the Guaranteed Substantial Completion Date $[***] [***] to [***] Days after the Guaranteed Substantial Completion Date $[***] [***] to [***] Days after the Guaranteed Substantial Completion Date $[***] [***] to [***] Days after the Guaranteed Substantial Completion Date $[***] More than [***] Days after the Guaranteed Substantial Completion Date $[***] [***]. ATTACHMENT F
