Common use of Substantial Completion Delay Liquidated Damages Clause in Contracts

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 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 $[***] [***].

Substantial Completion Delay Liquidated Damages. In accordance with Sections 13.1A 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 13.1.B 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. 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 EPC Agreement, if date on which it reasonably expects the Project to achieve Substantial Completion occurs after and shall, contemporaneously therewith, remit payment to CHGE of 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 payable with such revised Substantial Completion occurs for date. If the applicable TrainOwner anticipates that the Project will fail to achieve Substantial Completion by the revised date, subject then Owner shall, upon such assessment (which shall be prior to the limitations in Section 20.2 revised Substantial Completion date) again notify CHGE of its newly revised Substantial Completion date and remit payment to CHGE of the EPC Agreement, provided that if Substantial Completion occurs within [***] ([***]) Days following Delay Liquidated Damages, as applicable. CHGE reserves the Guaranteed Substantial Completion Date (as adjusted by Change Order), right to invoice Owner for the applicable Train (the “Grace Period”), then Contractor shall not be required to pay any unpaid Substantial Completion Delay Liquidated Damages for the applicable Train. If Substantial Completion occurs after the end and shall refund any excess payments 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 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 in this Attachment E for each Day of delay during the Grace Period herein (including Sections 4.6 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 * [***]) / [***]10.1). 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 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 $[***] [***].

Substantial Completion Delay Liquidated Damages. In accordance with Sections 13.1A 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 13.1.B pay to NYSEG liquidated damages in an amount equal to $[XXX] 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. 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 NYSEG in writing of the EPC Agreement, if date on which it reasonably expects the Project to achieve Substantial Completion occurs after and shall, contemporaneously therewith, remit payment to NYSEG of 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 payable with such revised Substantial Completion occurs for date. If the applicable TrainOwner anticipates that the Project will fail to achieve Substantial Completion by the revised date, subject then Owner shall, upon such assessment (which shall be prior to the limitations in Section 20.2 revised Substantial Completion date) again notify NYSEG of its newly revised Substantial Completion date and remit payment to NYSEG of the EPC Agreement, provided that if Substantial Completion occurs within [***] ([***]) Days following Delay Liquidated Damages, as applicable. NYSEG reserves the Guaranteed Substantial Completion Date (as adjusted by Change Order), right to invoice Owner for the applicable Train (the “Grace Period”), then Contractor shall not be required to pay any unpaid Substantial Completion Delay Liquidated Damages for the applicable Train. If Substantial Completion occurs after the end and shall refund any excess payments 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 Damages. Nothing herein shall alter Owner’s performance obligations, require NYSEG to accept a revised schedule(s) or alter NYSEG’s right to terminate this Agreement as set forth in this Attachment E for each Day of delay during the Grace Period herein (including Sections 4.06 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 * [***]) / [***]10.01). 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 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 $[***] [***].

Substantial Completion Delay Liquidated Damages. In accordance with Sections 13.1A 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 13.1.B 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. 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 EPC Agreement, if date on which it reasonably expects the Project to achieve Substantial Completion occurs after and shall, contemporaneously therewith, remit payment to CHGE of 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 payable with such revised Substantial Completion occurs for date. If the applicable TrainOwner anticipates that the Project will fail to achieve Substantial Completion by the revised date, subject then Owner shall, upon such assessment (which shall be prior to the limitations in Section 20.2 revised Substantial Completion date) again notify CHGE of its newly revised Substantial Completion date and remit payment to CHGE of the EPC Agreement, provided that if Substantial Completion occurs within [***] ([***]) Days following Delay Liquidated Damages, as applicable. CHGE reserves the Guaranteed Substantial Completion Date (as adjusted by Change Order), right to invoice Owner for the applicable Train (the “Grace Period”), then Contractor shall not be required to pay any unpaid Substantial Completion Delay Liquidated Damages for the applicable Train. If Substantial Completion occurs after the end and shall refund any excess payments 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 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 in this Attachment E for each Day of delay during the Grace Period herein (including Sections 4.6 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 * [***]) / [***]10.1). 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 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 $[***] [***].

Substantial Completion Delay Liquidated Damages. In accordance with Sections 13.1A 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 13.1.B pay to RG&E liquidated damages in an amount equal to $[XXX] 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. 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 RG&E in writing of the EPC Agreement, if date on which it reasonably expects the Project to achieve Substantial Completion occurs after and shall, contemporaneously therewith, remit payment to RG&E of 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 payable with such revised Substantial Completion occurs for date. If the applicable TrainOwner anticipates that the Project will fail to achieve Substantial Completion by the revised date, subject then Owner shall, upon such assessment (which shall be prior to the limitations in Section 20.2 revised Substantial Completion date) again notify RG&E of its newly revised Substantial Completion date and remit payment to RG&E of the EPC Agreement, provided that if Substantial Completion occurs within [***] ([***]) Days following Delay Liquidated Damages, as applicable. RG&E reserves the Guaranteed Substantial Completion Date (as adjusted by Change Order), right to invoice Owner for the applicable Train (the “Grace Period”), then Contractor shall not be required to pay any unpaid Substantial Completion Delay Liquidated Damages for the applicable Train. If Substantial Completion occurs after the end and shall refund any excess payments 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 Damages. Nothing herein shall alter Owner’s performance obligations, require RG&E to accept a revised schedule(s) or alter RG&E’s right to terminate this Agreement as set forth in this Attachment E for each Day of delay during the Grace Period herein (including Sections 4.06 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 * [***]) / [***]10.01). 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 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 $[***] [***].