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.
(b) As soon as Owner anticipates that it will not achieve Substantial Completion by the Substantial Completion Deadline (which shall be prior to the Substantial Completion Deadline), Owner shall notify CHGE in writing of the date on which it reasonably expects the Project to achieve Substantial Completion and shall, contemporaneously therewith, remit payment to CHGE of the Substantial Completion Delay Liquidated Damages payable with such revised Substantial Completion date. If the Owner anticipates that the Project will fail to achieve Substantial Completion by the revised date, then Owner shall, upon such assessment (which shall be prior to the revised Substantial Completion date) again notify CHGE of its newly revised Substantial Completion date and remit payment to CHGE of the Substantial Completion Delay Liquidated Damages, as applicable. CHGE reserves the right to invoice Owner for any unpaid Substantial Completion Delay Liquidated Damages and shall refund any excess payments of Substantial Completion Delay Liquidated Damages. Nothing herein shall alter Owner’s performance obligations, require CHGE to accept a revised schedule(s) or alter 1 Value subject to change based upon further wholesale market model revenue projections. CHGE’s right to terminate this Agreement as set forth herein (including Sections 4.6 and 10.1).
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. 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. Xxxxxx Mechanical understands that if Substantial Completion is not attained by the earlier of * or the date that is * 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 $* per day for each day that Substantial Completion is attained after *, $* per day for each day that Substantial Completion is attained after *, and $* for each day that Substantial Completion is attained after * (it being understood that the per-day * PORTIONS OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT WHICH HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. liquidated damages amount escalates and is payable on a $*, $*, or $* per-day basis and not in the aggregate per day). By way of example, if Substantial Completion is attained on *, the liquidated damages will be paid for * days at $* per day and * days at $*, for a total liquidated damages amount of $*. Xxxxxx Mechanical’s total collective liability to Owner for Delay Liquidated Damages as provided in this Section 5.4, shall not exceed $*.
Substantial Completion Delay Liquidated Damages. The Parties agree that it would be extremely difficult and impracticable under the presently known and anticipated facts and circumstances to ascertain and fix the actual damages that Owners would incur should Contractor fail to achieve Substantial Completion by the Guaranteed Substantial Completion Date. Accordingly, the Parties hereby agree that if Contractor fails to achieve Substantial Completion by the Guaranteed Substantial Completion Date, then Contractor shall pay to Owners, as Owners’ sole and exclusive remedy for such failure, as liquidated damages, and not as a penalty, the sum of [**] Dollars ($[**]) for each of the first [**] Days, or portion thereof, and [**] Dollars ($[**]) for each Day, or portion thereof, thereafter that Substantial Completion is delayed beyond the Guaranteed Substantial Completion Date. It is agreed by the Parties that the liquidated damages set forth in this Section 7.6 relate solely to Contractor’s failure to achieve Substantial Completion by the Guaranteed Substantial Completion Date. When Contractor submits a notice in accordance with Section 6.7 that it has achieved Substantial Completion and Owners issue the Certificate therefor concurring with such notice, for the purposes of this Section 7.6 only, the date of achievement of Substantial Completion will be deemed to be the date Owners receive Contractor’s notice.
Substantial Completion Delay Liquidated Damages. Xxxxxxxx understands that if Substantial Completion of the Work is not attained by May 15, 2007 Owner will suffer damages which are difficult to specify accurately and ascertain. Xxxxxxxx agrees that if Substantial Completion of the Work is not attained by May 15, 2007, Xxxxxxxx shall pay to Owner a sum equal to $3,000.00 per day for each day that Substantial Completion of the Work is attained after May 15, 2007.
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. [***]. [***] 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 $[***] [***] 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 Liquidated Damages. (“Substantial Completion Delay Liquidation Damages”).
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 $*
