Common use of Substantial Completion Delay Liquidated Damages Clause in Contracts

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. (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 $[690.00U.S.$[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. ‌ (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 O&R liquidated damages in an amount equal to $[690.00] 1 per MW of Contract Capacity per Calendar Day day (“Substantial Completion Delay Liquidated Damages”) for each Calendar Day 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.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 O&R in writing of the date on which it reasonably expects the Project to achieve Substantial Completion and shall, contemporaneously therewith, remit payment to CHGE O&R 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 O&R of its newly revised Substantial Completion date and remit payment to CHGE O&R of the Substantial Completion Delay Liquidated Damages, as applicable. CHGE O&R 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 O&R to accept a revised schedule(s) or alter 1 Value subject to change based upon further wholesale market model revenue projections. CHGEO&R’s right to terminate this Agreement as set forth herein (including Sections 4.6 4.06 and 10.1).10.01).‌

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 U.S. $[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. ‌ (a) If Owner fails to achieve Substantial Completion by the Substantial Completion Deadline, as it may have been extended due to Force Majeurein accordance with Section 2.03, Owner shall be liable for and pay to CHGE O&R liquidated damages in an amount equal to $[690.00] 1 400 per MW MW1 of Contract Capacity per Calendar Day day (“Substantial Completion Delay Liquidated Damages”) for each Calendar Day 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.Deadline.‌ (b) As soon as Owner anticipates that it will not achieve Substantial Completion by the Substantial Completion Deadline (which shall be Deadline, and in any event prior to the Substantial Completion Deadline), Owner shall notify CHGE O&R 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 dateCompletion. If the thereafter Owner anticipates that the Project will fail to achieve Substantial Completion by the revised date, then Owner shall, upon such assessment (which shall be assessment, and in any event prior to the revised Substantial Completion date) , again notify CHGE of its newly revised Substantial Completion date and remit payment to CHGE O&R in writing of the date on which it reasonably expects the Project to achieve Substantial Completion. O&R shall track the accrual of Substantial Completion Delay Liquidated Damages. O&R may invoice Owner, as applicable. CHGE reserves the right to invoice Owner in accordance with Section 3.03(e), no more frequently than monthly for all accrued and unpaid Substantial Completion Delay Liquidated Damages and may set off any unpaid Substantial Completion Delay Liquidated Damages and shall refund any excess payments of Substantial Completion Delay Liquidated Damagesagainst the Commercial Operation Payment. Nothing herein shall alter Owner’s performance obligations, require CHGE O&R to accept a revised schedule(s) or alter 1 Value subject to change based upon further wholesale market model revenue projections. CHGEO&R’s right to terminate this Agreement as set forth herein (including Sections 4.6 4.07 and 10.110.01).

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 RG&E liquidated damages in an amount equal to $[690.00XXX] 1 per MW of Contract Capacity per Calendar Day day (“Substantial Completion Delay Liquidated Damages”) for each Calendar Day 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 RG&E in writing of the date on which it reasonably expects the Project to achieve Substantial Completion and shall, contemporaneously therewith, remit payment to CHGE RG&E 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 RG&E of its newly revised Substantial Completion date and remit payment to CHGE RG&E of the Substantial Completion Delay Liquidated Damages, as applicable. CHGE RG&E 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 RG&E to accept a revised schedule(s) or alter 1 Value subject to change based upon further wholesale market model revenue projections. CHGERG&E’s right to terminate this Agreement as set forth herein (including Sections 4.6 4.06 and 10.110.01).

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 CECONY liquidated damages in an amount equal to $[690.00400.00] 1 per MW of Contract Capacity per Calendar Day day (“Substantial Completion Delay Liquidated Damages”) for each Calendar Day 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.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 CECONY in writing of the date on which it reasonably expects the Project to achieve Substantial Completion and shall, contemporaneously therewith, remit payment to CHGE CECONY 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 CECONY of its newly revised Substantial Completion date and remit payment to CHGE CECONY of the Substantial Completion Delay Liquidated Damages, as applicable. CHGE CECONY 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 CECONY to accept a revised schedule(s) or alter 1 Value subject to change based upon further wholesale market model revenue projections. CHGECECONY’s right to terminate this Agreement as set forth herein (including Sections 4.6 4.06 and 10.1).10.01).‌

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 RG&E liquidated damages in an amount equal to $[690.00XXX] 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 RG&E in writing of the date on which it reasonably expects the Project to achieve Substantial Completion and shall, contemporaneously therewith, remit payment to CHGE RG&E 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 RG&E of its newly revised Substantial Completion date and remit payment to CHGE RG&E of the Substantial Completion Delay Liquidated Damages, as applicable. CHGE RG&E 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 RG&E to accept a revised schedule(s) or alter 1 Value subject to change based upon further wholesale market model revenue projections. CHGERG&E’s right to terminate this Agreement as set forth herein (including Sections 4.6 4.06 and 10.110.01).

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 Majeurein accordance with Section 2.03, Owner shall be liable for and pay to CHGE CECONY liquidated damages in an amount equal to $[690.00] 1 400 per MW MW1 of Contract Capacity per Calendar Day day (“Substantial Completion Delay Liquidated Damages”) for each Calendar Day 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 Deadline, and in any event prior to the Substantial Completion Deadline), Owner shall notify CHGE CECONY 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 dateCompletion. If the thereafter Owner anticipates that the Project will fail to achieve Substantial Completion by the revised date, then Owner shall, upon such assessment (which shall be assessment, and in any event prior to the revised Substantial Completion date) , again notify CHGE of its newly revised Substantial Completion date and remit payment to CHGE CECONY in writing of the date on which it reasonably expects the Project to achieve Substantial Completion. CECONY shall track the accrual of Substantial Completion Delay Liquidated Damages. CECONY may invoice Owner, as applicable. CHGE reserves the right to invoice Owner in accordance with Section 3.03(e), no more frequently than monthly for all accrued and unpaid Substantial Completion Delay Liquidated Damages and may set off any unpaid Substantial Completion Delay Liquidated Damages and shall refund any excess payments of Substantial Completion Delay Liquidated Damagesagainst the Commercial Operation Payment. Nothing herein shall alter Owner’s performance obligations, require CHGE CECONY to accept a revised schedule(s) or alter 1 Value subject to change based upon further wholesale market model revenue projections. CHGECECONY’s right to terminate this Agreement as set forth herein (including Sections 4.6 4.07 and 10.110.01).

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 (aas 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 fails to achieve Substantial Completion by 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 Deadline, as it may have been extended due to Force Majeure, Owner shall be liable for and pay to CHGE liquidated damages 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 $[690.00***] 1 per MW of Contract Capacity per Calendar Day (“Substantial Completion Delay Liquidated Damages”) for due to an Additional Work Option elected by Owner, 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 per Day Delay Liquidated Damages payable with such revised amounts below for Train 2 will be increased by $[***], so that if Substantial Completion dateof Train 2 was achieved [***] Days late, Contractor would owe $[***] ([***] Days* ($[***] + *[***]) / Day. If [***] to [***] Days after the Owner anticipates that the Project will fail to achieve Guaranteed Substantial Completion by Date $[***] [***] to [***] Days after the revised date, then Owner shall, upon such assessment (which shall be prior to the revised Guaranteed Substantial Completion date) again notify CHGE of its newly revised Date $[***] [***] to [***] Days after the Guaranteed Substantial Completion date and remit payment Date $[***] [***] to CHGE of [***] Days after the Guaranteed Substantial Completion Delay Liquidated Damages, as applicable. CHGE reserves Date $[***] [***] to [***] Days after the right to invoice Owner for any unpaid Guaranteed Substantial Completion Delay Liquidated Damages and shall refund any excess payments of Date $[***] More than [***] Days after the Guaranteed Substantial Completion Delay Liquidated Damages. Nothing herein shall alter Owner’s performance obligations, require CHGE Date $[***] [***] to accept a revised schedule(s) or alter 1 Value subject [***] Days after the Guaranteed Substantial Completion Date $[***] [***] to change based upon further wholesale market model revenue projections. CHGE’s right [***] Days after the Guaranteed Substantial Completion Date $[***] [***] to terminate this Agreement as set forth herein (including Sections 4.6 and 10.1)[***] 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. (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 NYSEG liquidated damages in an amount equal to $[690.00XXX] 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 NYSEG in writing of the date on which it reasonably expects the Project to achieve Substantial Completion and shall, contemporaneously therewith, remit payment to CHGE NYSEG 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 NYSEG of its newly revised Substantial Completion date and remit payment to CHGE NYSEG of the Substantial Completion Delay Liquidated Damages, as applicable. CHGE NYSEG 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 NYSEG to accept a revised schedule(s) or alter 1 Value subject to change based upon further wholesale market model revenue projections. CHGENYSEG’s right to terminate this Agreement as set forth herein (including Sections 4.6 4.06 and 10.110.01).

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 RG&E liquidated damages in an amount equal to $[690.00XXX] 1 per MW perMW 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 SubstantialCompletion Deadline), Owner shall notify CHGE RG&E in writing of the date on which it reasonably expects the Project to achieve Substantial Completion and shall, contemporaneously therewith, remit payment to CHGE RG&E 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 datereviseddate, then Owner shall, upon such assessment (which shall be prior to the revised Substantial Completion date) again notify CHGE RG&E of its newly revised Substantial Completion date and remit payment to CHGE RG&E of the Substantial Completion Delay Liquidated DelayLiquidated Damages, as applicable. CHGE RG&E 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 OwneralterOwner’s performance obligations, require CHGE RG&E to accept a revised schedule(s) or alter 1 Value subject to change based upon further wholesale market model revenue projections. CHGERG&E’s right to terminate this Agreement as set forth herein (including Sections 4.6 4.06 and 10.110.01).

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 NYSEG liquidated damages in an amount equal to $[690.00XXX] 1 per MW of Contract Capacity per Calendar Day day (“Substantial Completion Delay Liquidated Damages”) for each Calendar Day 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 NYSEG in writing of the date on which it reasonably expects the Project to achieve Substantial Completion and shall, contemporaneously therewith, remit payment to CHGE NYSEG 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 NYSEG of its newly revised Substantial Completion date and remit payment to CHGE NYSEG of the Substantial Completion Delay Liquidated Damages, as applicable. CHGE NYSEG 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 NYSEG to accept a revised schedule(s) or alter 1 Value subject to change based upon further wholesale market model revenue projections. CHGENYSEG’s right to terminate this Agreement as set forth herein (including Sections 4.6 4.06 and 10.110.01).