Construction Delay Damages definition
Examples of Construction Delay Damages in a sentence
Within five (5) Business Days following any draw by Buyer on the Development Security, including for payment of Construction Delay Damages or COD Delay Damages, Seller shall replenish the amount drawn such that the Development Security is restored to the amount specified on the Cover Sheet.
Seller shall include a request for refund of the Construction Delay Damages with the first invoice to Buyer after Commercial Operation.
If Seller achieves Commercial Operation for the Facility to occur by the Guaranteed Commercial Operation Date, all Construction Delay Damages paid by Seller shall be refunded to Seller.
If the Commercial Operation Date does not occur until after the Scheduled Commercial Operation Date, the Seller shall pay to Buyer Construction Delay Damages for each day that the Commercial Operation Date is delayed beyond the Scheduled Commercial Operation Date.
Payment of Construction Delay Damages shall be Buyer’s sole and exclusive remedy for any failure to achieve the Commercial Operation Date by the Scheduled Commercial Operation Date, and the right to terminate (as set forth in this Section 2.4) shall be Buyer’s sole and exclusive remedy for any failure to achieve the Commercial Operation Date by the COD Deadline.