Delay Damages Cap definition

Delay Damages Cap shall have the meaning given to such term in Schedule 3.3 to the Facility Lease.
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Delay Damages Cap means the maximum amount of Scheduled Commercial Operation Date Damages as set forth in Schedule 3.3 to the Facility Lease that Lessor shall be obligated to pay Lessee pursuant to Section 3.3 of the Facility Lease for failure to achieve Commercial Operation by the Scheduled Commercial Operation Date.
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Delay Damages Cap has the meaning set forth in Section 3.5(d).
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Examples of Delay Damages Cap in a sentence

  • If the Commercial Operation Date does not occur on or before the beginning of hour ending 0100 BA Time on the Guaranteed Commercial Operation Date, Seller shall pay to Buyer liquidated damages, for each day after the Guaranteed Commercial Operation Date until the Commercial Operation Date, in an amount equal to [●] Dollars ($[●]) 16 (“Daily COD Delay Damages”); provided, however, that Seller’s aggregate liability for Daily COD Delay Damages shall be limited to the COD Delay Damages Cap.

  • If the Commercial Operation Date does not occur on or before the beginning of hour ending 0100 BA Time on the Guaranteed Commercial Operation Date, Seller shall pay to Buyer liquidated damages, for each day after the Guaranteed Commercial Operation Date until the Commercial Operation Date, in an amount equal to [ ] Dollars ($[ ])18 (“Daily COD Delay Damages”); provided, however, that Seller’s aggregate liability for Daily COD Delay Damages shall be limited to the COD Delay Damages Cap.

  • If Seller has not delivered to Buyer a Xxxxx XX Liability Extension Notice for any period after the Daily Delay Damages Cap has been reached, then Buyer shall have the right to terminate this Agreement upon ten (10) Business Days' notice to Seller (provided that Commercial Operation has not been achieved or Seller has not delivered another Xxxxx XX Liability Extension Notice) (such termination, an “Extended Delay Termination”).

  • If Lessor shall fail to achieve Commercial Operation by the Scheduled Commercial Operation Date, then Lessor shall pay to Lessee the Scheduled Commercial Operation Date Damages as set forth in Schedule 3.3; provided, however, that the maximum amount of Scheduled Commercial Operation Date Damages payable by Lessor under this Section 3.3 shall not exceed in the aggregate the Delay Damages Cap as set forth in Schedule 3.3.

  • If the Commercial Operation Date does not occur on or before the beginning of hour ending 0100 BA Time on the Guaranteed Commercial Operation Date, Seller shall pay to Buyer liquidated damages, for each day after the Guaranteed Commercial Operation Date until the Commercial Operation Date, in an amount equal to [ ] Dollars ($[ ])36 (“Daily COD Delay Damages”); provided, however, that Seller’s aggregate liability for Daily COD Delay Damages shall be limited to the COD Delay Damages Cap.

  • For clarity, in the case of an Extended Delay Termination, no payments in excess of the Daily Delay Damages Cap will be required of Seller, except to the extent that Seller has elected to pay Daily Delay Damages in excess of such cap by giving any Xxxxx XX Liability Extension Notices.

  • If the Commercial Operation Date does not occur on or before the beginning of hour ending 0100 BA Time on the Guaranteed Commercial Operation Date, Seller shall pay to Buyer liquidated damages, for each day after the Guaranteed Commercial Operation Date until the Commercial Operation Date, in an amount equal to [ ] Dollars ($[ ])16 (“Daily COD Delay Damages”); provided, however, that Seller’s aggregate liability for Daily COD Delay Damages shall be limited to the COD Delay Damages Cap.

  • If Seller’s liability for Daily Delay Damages exceeds the Daily Delay Damages Cap, Seller shall have the option to pay Daily Delay Damages in excess of the Daily Delay Damages Cap, which option shall be exercised by Seller in a written notice delivered to Buyer that covers periods of at least ten (10) Business Days each (a “Xxxxx XX Liability Extension Notice”) and payment of additional Daily Delay Damages.

  • A definition based on the concept of ‘Key Management Personnel’ in the Corporations Act 2001 and in relevant Accounting Standards would be more appropriate, as follows: ‘Executive officer’, of a corporation, means a person who has authority and responsibility for planning, directing and controlling the activities of the corporation.

  • If the Commercial Operation Date does not occur on or before the beginning of hour ending 0100 BA Time on the Guaranteed Commercial Operation Date, Seller shall pay to Buyer liquidated damages, for each day after the Guaranteed Commercial Operation Date until the Commercial Operation Date, in an amount equal to [●] Dollars ($[●])15 (“Daily COD Delay Damages”); provided, however, that Seller’s aggregate liability for Daily COD Delay Damages shall be limited to the COD Delay Damages Cap.

Related to Delay Damages Cap

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

  • Daily Delay Damages means with respect to a Guaranteed Project Milestone, an amount equal to (a) the Project Development Security Amount posted as of the first date that Daily Delay Damages are payable under this Agreement with respect to such Guaranteed Project Milestone, divided by (b) 120.

  • Economic damages means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities.

  • Compensatory Damages are those amounts awarded to compensate for the actual damages sustained, and are not awarded as a penalty, nor fixed in amount by statute.

  • Delay Liquidated Damages has the meaning set forth in Section 13.1.

  • Actual Damages has the meaning set forth in Section 12.4(C).

  • Noneconomic damages ’ means damages for phys-

  • Cover Damages means, with respect to any Delivery Failure, an amount equal to (a) the positive net amount, if, any, by which the Replacement Price exceeds the applicable Price that would have been paid pursuant to Section 5.1 hereof, multiplied by the quantity of that Delivery Failure, plus (b) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of Seller’s failure to deliver such Products in accordance with the terms of this Agreement. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Cover Damages.

  • Consequential Damages means Losses claimed to have resulted from any indirect, incidental, reliance, special, consequential, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from harm to business, loss of anticipated revenues, savings, or profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, and any other damages typically considered consequential damages under Applicable Law, regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.

  • Liquidated Damages Multiplier means, with respect to a particular Purchaser, (i) the product of the Common Unit Price multiplied by (ii) the number of Purchased Units purchased by such Purchaser that may not be disposed of without restriction and without the need for current public information pursuant to any section of Rule 144 (or any similar provision then in effect) under the Securities Act.

  • Special Damages has the meaning specified in Section 11.21.

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

  • Liability Cap has the meaning ascribed to it in paragraph 1 of Schedule 9;

  • Rejection Damages Claim means any Claim on account of the rejection of an Executory Contract or Unexpired Lease pursuant to section 365 of the Bankruptcy Code or the repudiation of such contract.

  • Liquidated Damages Amount has the meaning set forth in Section 2(e) hereof.

  • Maximum Liability has the meaning assigned to such term in Section 10.10.

  • Direct Damage has the meaning given to it in clause 26.2;

  • Seller Damages shall have the meaning given to such term in Section 14.3.

  • Property damage means physical injury to, destruction of, or loss of use of tangible property.

  • Aggregate Amounts Due as defined in Section 2.17.

  • Catastrophic Damage as used hereunder is major change or damage to In- cluded Timber on Sale Area, to Sale Area, to access to Sale Area, or a combination thereof:

  • Damages Accrual Period has the meaning set forth in Section 2(e) hereof.

  • Environmental Damages means all liabilities (including strict liability), losses, damages (excluding consequential, special, exemplary or punitive damages except to the extent such damages were imposed upon an Indemnitee as a result of any claims made against such Indemnitee by a governmental entity or any other third party), judgments, penalties, fines, costs and expenses (including fees, costs and expenses of attorneys, consultants, contractors, experts and laboratories), of any and every kind or character, at law or in equity, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, made, incurred, suffered, brought, or imposed at any time and from time to time, whether before or after the Release Date and arising in whole or in part from:

  • Indemnity Threshold has the meaning set forth in Section 9.3.

  • Indemnity Cap has the meaning set forth in Section 9.2(b).

  • Consequential Loss means indirect or consequential loss or damage such as, but not limited to, loss of contract, bargain, expectation, opportunity, profit, production, revenue, anticipated cost reduction or interest payable howsoever caused, arising out of or in connection with this Contract.