Delay Damages definition

Delay Damages means the damages assessed pursuant to Section 3.2(a) hereof.

Delay Damages has the meaning set forth in Section 2.4(a).

Delay Damages means Daily Delay Damages and Commercial Operation Delay Damages.

Examples of 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.

• A prorated amount will be returned to Seller if COD is achieved during the month for which COD Delay Damages were paid in advance.

• 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.

• Seller shall include a request for refund of the Construction Delay Damages with the first invoice to Buyer after Commercial Operation.

• If Seller does not achieve Commercial Operation by the Guaranteed Commercial Operation Date, as it may be extended as provided herein, Seller shall pay COD Delay Damages to Buyer for each day after the Guaranteed Commercial Operation Date until the Commercial Operation Date and shall be paid to Buyer in advance on a monthly basis.

More Definitions of Delay Damages

Delay Damages has the meaning set forth in Section 11.4.

Delay Damages for any given day are equal to (a) the Expected Energy, expressed in MWhs per year, divided by 365, multiplied by (b) PacifiCorp's Cost to Cover.

Delay Damages means a daily amount equal to $ ($0.11/kW-AC) per day.

Delay Damages for any given day are equal to (a) $100 per MW of Nameplate Capacity per day beginning on the first day after the Scheduled Commercial Operation Date through the 30th day after the Scheduled Commercial Operation Date, (b) $200 per MW of Nameplate Capacity per day beginning on the 31st day after the Scheduled Commercial Operation Date through the 60th day after the Scheduled Commercial Operation Date, and (c) $300 per MW of Nameplate Capacity per day beginning on the 61st day after the Scheduled Operation Date through the actual Commercial Operation Date or the Guaranteed Commercial Operation Date, whichever occurs first.

Delay Damages for any given day are equal to (a) the Expected Net Output for the Facility, expressed in MWh per year, divided by 365, multiplied by (b) PacifiCorp’s Cost to Cover.

Delay Damages are equal to the Development Security divided by 60. Delay Damages shall be paid for each day of delay and shall be paid to Buyer in advance monthly. A prorated amount will be returned to Seller if COD is achieved during the month for which Delay Damages were paid in advance. Failure to achieve COD within 60 days of the Guaranteed COD shall constitute an Event of Default, and Buyer shall have the right, in its sole discretion, to terminate the ESSA and retain the Development Security.

Delay Damages means those damages payable to PacifiCorp due to Seller’s failure to meet the Scheduled Commercial Operation Date, as specified in Sections 2.4 and 8.1.