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.
Appears in 2 contracts
Samples: Energy Storage Services Agreement, Storage Services Agreement
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.
Appears in 1 contract
Samples: Storage Services Agreement
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.
Appears in 1 contract
Samples: Storage Services Agreement