Common use of Owner Delay Clause in Contracts

Owner Delay. If, other than solely as a result of a Purchaser Delay, Force Majeure, or Concurrent Delay, any conditions set forth in Section 4.3 shall not have been satisfied or duly waived by the Target Date (such delay, an “Owner Delay”): (a) Purchaser shall have the right to recover from Owner, and Owner shall pay to Purchaser, for each day (or part thereof) following the Target Date during which the Owner Delay is continuing and, but for such Owner Delay, Purchaser would then be capable of delivering the energy and providing the environmental attributes to Distribution Company as provided in the PPA, an amount equal to Fifty Dollars ($50) per MW of Contract Capacity per day for the period commencing on the Target Date and ending on the earliest of (x) the Commercial Operation Date, (y) the date on which Purchaser terminates this Agreement pursuant to Section 14.6 or Distribution Company terminates the Distribution Company TSA pursuant to Section 14.4 thereof and (z) the date that is twelve (12) months after the Target Date. (b) [Intentionally Omitted].