XXXX Availability Liquidated Damages. If the XXXX Availability is equal to or greater than the Guaranteed XXXX Availability for any annual reporting period (or, if shorter, the initial reporting period), then the Guaranteed XXXX Availability shall be deemed satisfied for such period and O&M Contractor shall have no liability to Owner in relation to the Guaranteed XXXX Availability. If the XXXX Availability is less than the Guaranteed XXXX Availability for any annual reporting period (or, if shorter, the initial reporting period), O&M Contractor shall pay Owner, as liquidated damages and not as a penalty, the amount indicated in Exhibit G-2 (the “XXXX Availability Liquidated Damages”). XXXX Availability shall be determined in accordance with Exhibit G-2.
Appears in 6 contracts
Samples: Operation and Maintenance Agreement, Operation and Maintenance Agreement, Operation and Maintenance Agreement
