Damage Payment. The Parties agree that the Damage Payment to be paid by Seller for any Event of Default arising prior to the commencement of the Delivery Term shall be considered liquidated damages and not a penalty, in accordance with Section 7.1.
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Damage Payment. The Parties agree that the Damage Payment to be paid by Seller for any Event of Default arising prior to the commencement of the Delivery Term shall be considered liquidated damages and not a penalty, in accordance with Section 7.17.4(D) and subject to Section 7.4(B).
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Sources: Power Purchase Agreement