Post-COD Termination Damages. If the Agreement is terminated by Company in accordance with this Agreement after the Commercial Operation Date due to an Event of Default where Seller is the defaulting Party, Company shall be entitled to liquidated damages calculated by multiplying the Demonstrated Firm Capacity by $75 per kW (“Post-COD Termination Damages”).
Appears in 2 contracts
Sources: Power Purchase Agreement (Hawaiian Electric Co Inc), Power Purchase Agreement
Post-COD Termination Damages. If the Agreement is terminated by Company in accordance with this Agreement after the Commercial Operation Date due to an Event of Default where Seller is the defaulting Party, Company shall be entitled to liquidated damages calculated by multiplying Liquidated Damages in the Demonstrated Firm Capacity by amount of $75 per kW 1 million (“Post-COD Termination Damages”).
Appears in 1 contract
Sources: Power Purchase Agreement (Hawaiian Electric Co Inc)