Facility Delay Liquidated Damages definition

Facility Delay Liquidated Damages has the meaning set forth in Section 17.2.
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Facility Delay Liquidated Damages means an amount equal to: (a) with respect to the first (1st) through and including the sixtieth (60th) day subsequent to the Guaranteed Substantial Completion Date, [_____] U.S. Dollars ($[_____]) per MW of Guaranteed Capacity per Day; (b) with respect to the sixty-first (61st) through and including the one-hundred-twentieth day subsequent to the Guaranteed Substantial Completion Date, [_____] U.S. Dollars ($[______]) per MW of Guaranteed Capacity per Day; and (c) with respect to the one-hundred-twenty-first (121st) day subsequent to the Guaranteed Substantial Completion Date and thereafter, [_____] U.S. Dollars ($[_____]) per MW of Guaranteed Capacity per Day.7
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Examples of Facility Delay Liquidated Damages in a sentence

  • If Contractor fails to pay any Block Delay Liquidated Damages, Facility Delay Liquidated Damages, Block Capacity Liquidated Damages or Final Capacity Liquidated Damages owing under this Article 17, Owner may deduct the amount thereof from any payment due, or that may become due, to Contractor under this Agreement or if no payment is due, may invoice Contractor for such amount.

  • Payment of Facility Delay Liquidated Damages shall be made payable within thirty (30) Days after Contractor's receipt of Owner's invoice.

  • If Contractor has not achieved Substantial Completion by the Guaranteed Substantial Completion Date for reasons not excused under the terms of this Agreement, then Contractor shall pay to Owner delay liquidated damages in an amount equal to, for each Day (or partial Day) after the Guaranteed Substantial Completion Date that the Facility has not achieved Substantial Completion, the Facility Delay Liquidated Damages.

  • Payment of Facility Delay Liquidated Damages shall be made payable within *** after Contractor's receipt of Owner's invoice.

  • Notwithstanding any other provision of this Agreement, the cumulative maximum liability of a Party to the other Party under this Agreement shall not exceed one hundred percent (100%) of the Contract Price, the maximum liability of Contractor for Facility Delay Liquidated Damages shall not exceed twenty percent (20%) of the Contract Price and the maximum liability of Contractor for Final Capacity Liquidated Damages shall not exceed twenty percent (20%).

Related to Facility Delay Liquidated Damages

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

  • SPECIAL LIQUIDATED DAMAGES means the amount payable by the Transport Supplier in case of default arising out of Non-availability of vehicle(s)/crew when the Company's operations are normal and also Non-availability of services due to unauthorized / lightening strike by Transport Supplier or his/her crew for any reason whatsoever. The period of non-availability of services will be treated as shutdown and shall attract Special Liquidated damage at the rate of twice the pro- rata fixed charge per day. Special L.D. shall be levied irrespective of whether such default resulted in a shutdown for the whole day or part thereof.

  • Performance Liquidated Damages means any liquidated damages resulting from the Project’s performance which are required to be paid by the EPC Contractor or any other Material Project Party for or on account of any diminution to the performance of the Project.

  • 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.

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

  • Liquidated Damages means all liquidated damages then owing pursuant to Section 5 of the Registration Rights Agreement.

  • 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.

  • Daily Failure Amount means the product of (x) .005 multiplied by (y) the Closing Sale Price of the Common Stock on the applicable Share Delivery Date.

  • Delay Payments means the amounts payable by the Supplier to the Customer in respect of a delay in respect of a Milestone as specified in the Implementation Plan;

  • Damages Payment Date With respect to the Series A Notes, each Interest Payment Date.

  • Scheduled Unavailability Date has the meaning specified in Section 3.03(b).

  • Applicable Facility Fee means the percentage set forth in the table below corresponding to the Level at which the Ratings-Based Applicable Margin is determined in accordance with the definition thereof: 2 0.125 % 3 0.150 % 4 0.200 % 5 0.250 % 6 0.300 % Any change in the applicable Level at which the Ratings-Based Applicable Margin is determined shall result in a corresponding and simultaneous change in the Applicable Facility Fee.

  • Availability Date means the day after the end of the fourth fiscal quarter following the fiscal quarter that includes such Effective Time on which the Company is required to file its Form 10-Q for such fiscal quarter except that, if such fourth fiscal quarter is the last quarter of the Company’s fiscal year, “Availability Date” means the day after the end of such fourth fiscal quarter on which the Company is required to file its Form 10-K.

  • Default Fee means with respect to any amount due and payable by Seller in respect of any Aggregate Unpaids, an amount equal to the greater of (i) $1000 and (ii) interest on any such unpaid Aggregate Unpaids at a rate per annum equal to 2% above the Prime Rate.

  • Applicable Commitment Fee Rate shall mean the percentage rate per annum based on the Leverage Ratio then in effect according to the pricing grid on Schedule 1.1(A) below the heading “Commitment Fee.”

  • L/C Reimbursement Obligation means, for any Letter of Credit, the obligation of the Borrower to the L/C Issuer thereof, as and when matured, to pay all amounts drawn under such Letter of Credit.

  • Final Availability Date means the earlier of the Revolving Termination Date and one (1) Business Day prior to the date specified in clause (a) of the definition of Revolving Termination Date.

  • Commitment Fee has the meaning specified in Section 2.09(a).

  • Delay Period shall have the meaning set forth in Section 5 hereof.

  • Facility Fees has the meaning provided in Section 2.11(a).

  • default value means a value derived from a typical value by the application of pre-determined factors and that may, in circumstances specified in this Directive, be used in place of an actual value;’;

  • Unused Revolving Line Facility Fee is defined in Section 2.4(d).

  • Facility Fee has the meaning specified in Section 2.09(a).

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

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

  • Additional Required Registration Amount means (I) any Cutback Shares not previously included on a Registration Statement, all subject to adjustment as provided in Section 2(f) or (II) such other amount as may be permitted by the staff of the SEC pursuant to Rule 415, without regard to any limitations on exercise of the Warrants.