Liquidated Delay Damages definition

Liquidated Delay Damages means: For all days commencing with the Commercial Operation Milestone Date, an amount equal to Three Hundred Dollars ($310) per MW per Day for each MW below ninety percent (90%) of the Facility’s then anticipated aggregate MW of Nameplate Capacity that have not been installed by the Commercial Operation Milestone. For example, if 100 MW of Solar Panels have been installed as of the Commercial Operation Milestone, Seller shall pay Buyer damages of ([Facility Size] MW * 90%) – (100 MW) * $310/MW/day = $ per day for each day up to and including March 31, 2024 in which 90% of the Facility’s anticipated Nameplate Capacity has not been completed. [Note: Example to be scaled to actual project size.]
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Liquidated Delay Damages means any amount payable to or for the account of the Borrower under Section 12.1 of the EPC Contract or any other agreement as a result of delayed delivery or performance with respect to the Project or any goods or services supplied in connection with the Project.
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Liquidated Delay Damages shall have the meaning set forth in Section 12.3(A).
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Examples of Liquidated Delay Damages in a sentence

  • Except as provided in Section 12.2(C) below, the payment of Liquidated Delay Damages shall be Company’s sole and exclusive remedy for a COD Delay.

  • Liquidated Delay Damages shall begin to accrue on the Day after the Target COD (as it may be extended due to Force Majeure) until the first to occur of COD or termination of this PPA pursuant to Section 12.2(C) below.

  • Seller’s failure to make any payment to Company as and when required by this PPA, including Liquidated Delay Damages, Actual Damages, and any required indemnification.

  • The payment of accrued Liquidated Delay Damages shall be a condition to any such cure.

  • Liquidated Delay Damages shall be payable in lieu of Actual Damages accrued for the period during which Liquidated Delay Damages are assessed.

  • Company may draw from the Security Fund such amounts as are necessary to recover amounts owing to Company pursuant to this PPA, including any Liquidated Delay Damages, Actual Damages, liquidated damages for failure to achieve COD, and any amounts for which Company is entitled to indemnification under this PPA.

  • The Board of Directors of Chemed shall be permitted, however, to delegate (by resolution) such foregoing authority to amend the Plan to the Plan Administrator, the Benefit Committee or any officer of the Plan Sponsor.

  • Provided Seller actually pays Liquidated Delay Damages as and when owed, the payment of such Liquidated Delay Damages shall be Buyer’s sole and exclusive remedy for Seller’s failure to achieve, or Seller’s delay in achieving, the Commercial Operation Milestone.

  • All Liquidated Delay Damages shall begin to accrue with respect to any delay in achieving the Commercial Operation Milestone on the Day after the Commercial Operation Milestone (as may be extended pursuant to this PPA) until the Day that COD is achieved.

  • If Seller achieves the Commercial Operation Date, the Liquidated Delay Damages for failure to achieve Critical Path Milestones paid to date shall be refunded thirty (30) Days after COD is achieved and accepted.


More Definitions of Liquidated Delay Damages

Liquidated Delay Damages means $200 per MW of Facility Nameplate Capacity per Day..
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Liquidated Delay Damages shall have the meaning set forth in Section 12.2. "Maintenance Schedule" shall have the meaning set forth in Section 10.2.
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