Daily Delay Damages. If the Commercial Operations Date has not been achieved by the later of the Guaranteed Commercial Operations Date or the expiration of any applicable grace period provided in Section 13.3 (Guaranteed Project Milestone Dates), Company shall collect and Seller shall pay liquidated damages in the amount of for each Day ("Daily Delay Damages") following the Guaranteed Commercial Operations Date or (if applicable) the expiration of such grace period that Seller fails to achieve the Commercial Operations Date, provided that the number of Days for which Company shall collect and Seller shall pay Daily Delay Damages shall not exceed one hundred eighty (180) Days. [Note: Contract Capacity x
Appears in 1 contract
Sources: Power Purchase Agreement
Daily Delay Damages. If the Commercial Operations Operation Date has not been achieved by on or before the later latter of the Guaranteed Commercial Operations Operation Date Deadline or the expiration of any applicable grace period provided set forth in Section 13.3 2.4(B)(1) (Guaranteed Project Milestone Dates)Commercial Operation Date Deadline and Grace Periods) has expired, then Company shall collect and Seller shall pay liquidated damages Liquidated Damages in the amount of THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500) for each Day ("“Daily Delay Damages"”) following expiration of the Guaranteed Commercial Operations Date or (if applicable) the expiration of such applicable grace period that Seller fails to achieve the Commercial Operations Operation Date, provided that the number of Days for which Company shall collect and Seller shall pay Daily Delay Damages shall not exceed calendar one hundred eighty (180) Days. [Note: Contract Capacity xDays (the “COD ▇▇▇▇▇ ▇▇ Period”).
Appears in 1 contract
Sources: Power Purchase Agreement (Hawaiian Electric Co Inc)
Daily Delay Damages. If the Commercial Operations Date has not been achieved by the later of the Guaranteed Commercial Operations Date or the expiration of any applicable grace period provided in Section 13.3 (Guaranteed Project Milestone Dates), Company shall collect and Seller shall pay liquidated damages in the amount of $______ for each Day ("Daily Delay Damages") following the Guaranteed Commercial Operations Date or (if applicable) the expiration of of such grace period that Seller fails to achieve the Commercial Operations Date, provided that the number of Days for which Company shall collect and Seller shall pay Daily Delay Damages shall not exceed one hundred eighty (180) Days. [Note: Contract Capacity xx $50/kW ÷ 180 Days = Daily Delay Damages.]
Appears in 1 contract
Sources: Power Purchase Agreement