Common use of Damages Calculation Clause in Contracts

Damages Calculation. Each Party agrees that the damages Utility would incur due to Seller’s delay in achieving Commercial Operation are difficult or impossible to predict with certainty, and that it is impractical and difficult to assess actual damages in the circumstances stated. ▇▇▇▇▇ ▇▇▇▇▇▇▇, however, fairly represent the Parties’ expectations for actual damages. Except with respect to Utility’s termination rights and as otherwise provided in Section 11.5, Delay Damages are Utility’s exclusive remedy for Seller’s delay in achieving Commercial Operation.

Damages Calculation. Each Party agrees that the damages Utility would incur due to Seller’s delay in achieving Commercial Operation are difficult or impossible to predict with certainty, and that it is impractical and difficult to assess actual damages in the circumstances stated. ▇▇▇▇▇ ▇▇▇▇▇▇▇, however, fairly represent the Parties’ expectations for actual damages. Except with respect to Utility’s termination rights and as otherwise provided in Section 11.5, Delay Damages are Utility’s exclusive remedy for Seller’s delay in achieving Commercial Operation.. 14