Capacity Damages definition
Examples of Capacity Damages in a sentence
Capacity Damages shall not be offset or reduced by the payment of Development Security, Performance Security, Delay Damages, or any other form of liquidated damages under this Agreement.
Each Party acknowledges and agrees that: (a) the damages PacifiCorp would incur due to Seller’s failure to satisfy the Storage Power Capacity Guarantee is difficult or impossible to predict with certainty; (b) it is impractical and difficult to assess actual damages in these circumstances; and, therefore, (c) Storage Power Capacity Damages as agreed to by the Parties are a fair and reasonable calculation of damages and not a penalty.
If the Contractor does not meet the ▇▇▇▇ Capacity Guarantee, the Contractor will credit the Judicial Council an amount of the ▇▇▇▇ Capacity Damages against the Judicial Council’s next Rent payment(s), which amount shall be calculated as the product of the under-performance and the annual Rent.
If the Licensee does not meet the ▇▇▇▇ Capacity Guarantee, the Licensee will credit the Judicial Council an amount of the ▇▇▇▇ Capacity Damages against the Judicial Council’s next Rent payment(s), which amount shall be calculated as the product of the under-performance and the annual Rent.
If Seller fails to construct the Storage Contract Capacity by such date, Seller shall pay Capacity Damages to Buyer, in an amount equal to Two Hundred Fifty Thousand Dollars ($250,000) for each MW that the Storage Contract Capacity exceeds the Installed Battery Capacity, and the Storage Contract Capacity and other applicable portions of the Agreement shall be adjusted accordingly.